Construction

CHAIR

Hughes, Roger M.

510.834.6600 T

510.808.4732 F

Overview


A Foundation in Construction.

The attorneys who make up Wendel Rosen’s Construction Practice have worked on some of the most important landmark and infrastructure projects in California, including the Golden Gate Bridge, state highway projects and the Port of Oakland. Today, Wendel Rosen’s Construction Group continues that heritage of excellence, representing owners, developers, design professionals, general contractors, specialty contractors, material suppliers and sureties in a wide range of public and private projects. Whether we’re helping to advise, prepare and negotiate construction documents for the most complex projects or litigating a bet-the-company construction dispute, you know you have a team with a solid foundation.

Wendel Rosen’s veteran construction attorneys have deep roots in the construction industry and understand that it is about the project, not the lawyers. We take the burden of legal complexities off your shoulders so you can do what you do best.

With more than 110 years of collective experience, we understand that disputes can be time-consuming and costly and that the best approach is to anticipate problems before they arise. We also recognize that, despite the best laid plans, some disputes can only be resolved through litigation. When that’s the case, we mobilize for early and decisive action. Our seasoned attorneys bring deep trial experience, coupled with a unique approach to case management, allowing us to assist our clients with pragmatic dispute resolution strategies to obtain favorable legal and business outcomes.

From Public to Private.  From State-of-the-Art to Historic.

Wendel Rosen’s Construction Group has represented clients on a wide range of public and private construction projects, from state-of-the-art net zero facilities to some of the most historic structures in California, including:

  • Airports
  • Apartments
  • Bridges
  • Highways
  • Hospitals
  • Industrial buildings
  • Military bases
  • Mixed-use projects
  • Planned unit developments
  • Ports
  • Prisons
  • Commercial buildings
  • Retail
  • School facilities
  • Solar farms
  • University projects
  • Water projects


Experience in the Areas You Need.

Wendel Rosen's Construction Group assists clients in all aspects of construction law, from project formation to trial. Together with Wendel Rosen's BusinessEmploymentEnvironmental, InsuranceLand UseLitigation and Real Estate attorneys, clients have access to an integrated legal team with a deep bench. Typical matters include: 

  • Contractor licensing
  • Pre-qualification
  • Local preferences
  • MBE/WBE/DVBE
  • Prevailing wage
  • Bid protests
  • Subcontractor substitutions
  • Contract drafting and negotiations
  • Green building
  • Performance issues
  • Payment disputes
  • Defect claims
  • Delay and acceleration claims
  • Mechanics lien, stop notice, and bond claims
  • Abandonment
  • False claims
  • Liquidated damages
  • Indemnity and insurance issues


Supporting the Industry.

Wendel Rosen is a proud member of many industry organizations, including:

  • American Subcontractors Association of California
  • American Institute of Architects, California Council
  • Associated General Contractors of California
  • Bay Area Council
  • Build It Green
  • Building Industry Association of Northern California
  • California Building Industry Association
  • East Bay Leadership Council
  • HomeAid
  • National Retail Tenant Association
  • Urban Land Institute
  • US Green Building Council
  • US Green Building Council – Northern California Chapter


Please Stay in Touch.

To sign up for the Wendel Rosen Construction Newsletters and invitations to practice events, please email news@wendel.com.

Experience
  • R&L Brosamer BART negotiations

  • Sandy v. Superior Court (1988) 201 Cal.App.3d 1277, which concerned interpretation of a statute establishing a ten-year statute of limitations for latent construction defects.

  • SF Airport North Terminal and Int'l Terminal renovations

  • Wendel Rosen's construction attorneys represented a Western state's Department of Transportation in ongoing delay and chang claims litigaiton.

  • Represent major airport in numerous construction related projects, including evaluating and negotiating resolution of problems that arise during construction (including performance issues, design deficiencies, RFIs, change orders, delay issues, etc.) to minimiate impact and avoid claims.

  • Represented the County of Alameda in construction defect and False Claims Act claims against a major marine contractor on outfall channel project located at Lake Merritt in Oakland, California. The matter was arbitrated and successfully resolved on behalf of the County

  • Forced multiple insurance carriers for a townhouse developer to settle a multi-million dollar construction defect lawsuit with no contribution from the policyholder/developer

  • Forced carriers in construction defect lawsuit to pay significantly larger share of the settlement for the plaintiff's claims

  • Recovered $15.5 million in delay damages and extras from the City of Beverly Hills for the general contractor who built the city’s new Civic Center.

  • Recovered $1.8 million from one of the largest mechanical contractors in the U.S. who abandoned a winery project in Northern California.  The total attorneys’ fees expended for the client in this matter were less than $125,000.

  • Successfully negotiated contractor and subcontractor claims in excess of $2.5 million on the the State of California’s Pelican Bay Prison Project.

  • Successfully negotiated over $20 million of contractor and subcontractor claims on the State Office Building in San Francisco.

  • Successfully negotiated a surety’s payment of more than $2.5 million from the City of Los Angeles to a general contractor client and its surety for delays on several projects taken over by the client after abandonment by the previous contractor.

  • Represented a major California university in the recovery of $18 million in damages resulting from the defective design and construction of a co-generation power production facility service the university's campus and medical facilities. the dispute went twice to the California Supreme Court and once to the United States Supreme Court.*

  • Successfully negotiated the resolution of claims in excess of $1 million on AC Transit’s Oakland headquarters building.

  • Recovered in arbitration $1.2 million in delay damages for a general contractor from a national hotel chain for delays suffered on a new hotel construction.  Working with opposing counsel and an independent arbitrator, was able to format the ground rules for a one week arbitration (for a matter that would have taken at least six weeks to try) in order to reduce the attorneys’ fees and costs to all parties.

  • Successfully negotiated more than $4 million in subcontractor claims on the Theo Lacy Jail in Orange County.

  • Represented an international infrastructure bank in $600 million of project disputes, including arbitration and litigation arising from a public-private partnership development of a major California toll road.*

  • Reviewed construction contract to transfer risk and ensure smooth operation of OCIP insurance programs

  • Recovered $875,000 (including attorneys’ fees) from a developer after a two week trial for a local general contractor who had been unfairly backcharged by the developer.

  • Documented and implemented of comprehensive SB 800 ("Fix-It" law) programs

  • Successfully negotiated on behalf of the owner and general contractor of a large hotel in San Francisco the settlement of some twenty subcontractor claims for project acceleration in the total amount of $7 million. 

  • SCVTA inverse condemnation action - Bell, Rosenberg & Hughes

  • Extensive experience defending regional and national residential home builders in construction defect litigation throughout California.

  • Represented a world-renowned film and television production company in the development of its corporate campus, housing state of the art technical and production facilities, studios and residences.*

  • Ariport Roadway Project - Bell, Rosenberg & Hughes

  • Professional Construction Group v. Pongracz, San Francisco County Superior Court, construction dispute.

  • Ryan Engineering, Inc. v. Lathrop Construction, San Mateo County Superior Court, construction dispute.

  • Negotiated a multi-million federal construction contract for a U.S. Veterans Affairs facility in Biloxi, Mississippi.

  • Successfully represented one of the nation’s fastest growing solar companies in a contractor licensing claim brought by the California Attorney General’s Office.

  • Represented a financially troubled contractor in the successful prosecution of claims arising out of the construction of a Northern California hydro-electric power plant.*

  • Represented several western states and local agency transportation departments with ongoing project level advice with respect to contractor claims and disputes.*

  • Represented several public agencies in the investigation and prosecution of Federal and State false claims statutes violations and several contractors threatened with false claim allegations.*

  • Represented a major private corporation in the successful defense of a more than $250 million Qui Tam false claims action, which resulted in the amendment of the Federal Statute.*

  • Arntz Builders v. Sup. Ct. (County of Contra Costa) (2004) 122 Cal.App.4th 1195*

  • Diede Construction, Inc. v. Monterey Mechanical Co. (2004) 125 Cal.App.4th 380*

  • OtayRiver Constructors v. San Diego Expressway (2008) 158 Cal.App. 4th 796*

  • Negotiated favorable settlement for company threatened with multimillion dollar disgorgement claim for alleged violation of state contractor's licensing rules.

Attorneys
  • Hughes, Roger M.
    Chair
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  • Graham, Matthew F.
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  • Laufenberg, Peter J.
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  • Simon, Donald S.
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