Construction Litigation

  • Lead counsel for a school district in connection with approximately $70 Million in new school construction. The general contractor overbilled the district millions of dollars and abandoned the projects. Art successfully mediated 13 subcontractor claims in 3 days. Downey Brand successfully brought claims against the general contractor, its principals, an assistant superintendent of the district, and the general contractors’ accountants. The California Attorney General issued numerous criminal indictments against the general contractor’s management team and a school district assistant superintendent based on the ground work performed by the Downey Brand team.
  • Represented a general contractor in a bid dispute on a $113 million wastewater treatment project in Sacramento County. Successfully defended the contract awarded to the general contractor against two writs of mandate filed in superior court.  
  • Represented general contractor in a $20 million dollar termination for default case against a large California state agency which involved critical path delay and additional scope of work disputes.
  • Successfully represented a Pavement Maintenance Material Supplier as lead counsel in a patent infringement action. The action resolved with favorable results at the early stages of the litigation, which allowed the client to proceed with the use of its proprietary product, saving the client more than half a million dollars in material costs.
  • Successfully represented general contractor to collect outstanding amounts owed to client after several developers filed for bankruptcy protection.  Collected all outstanding amounts owed to client, including interest and attorneys’ fees.
  • Drafted and negotiated over $90 million worth of construction and design contracts for a dental school in San Francisco.
  • Successfully defended general contractor in extra work claims arising out of a construction project at CSU Chico.
  • Represented site improvement contractor in several lawsuits arising from failed subdivision projects. Recovered multi-millions of dollars through mechanic's liens and payment bond remedies.
  • Co-counsel to public works contractor in multi-year public works default termination dispute presenting a matter of first impression for California’s Appellate Courts.
  • Represented subcontractor in multi-party complex litigation over multi-million dollar high school construction project.
  • Continued representation of a large lumber company on projects throughout California where mechanics liens and/or stop payment notices become necessary.
  • Continued representation of one of the largest metal building companies in the United States on projects ranging in scope from event centers and Indian casinos to car washes.

The Downey Brand Story

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