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Construction Defect

The construction practice at Berliner Cohen consists of experienced litigation and transactional attorneys with the knowledge and skill to successfully handle a wide variety of construction-related legal issues.

Berliner Cohen attorneys represent clients in all aspects of the construction process, beginning with the design and planning phase, contract negotiation and drafting, construction management, claims avoidance, claims resolution, project closeout, and post-construction disputes.

Construction Defect

Berliner Cohen’s construction clients include individual land owners, architects, owners, public agencies, developers, construction managers, contractors, subcontractors, and bonding companies.

As can happen, sometimes projects go south. Berliner Cohen’s team of seasoned attorneys in the areas of land use, development, litigation and construction can aid businesses and individuals in successfully navigating a construction defect case. Berliner Cohen has a team of expert engineers and architects that it works with in achieving the best results for its clients. 

Representative cases include the following:

  • Construction of Illinois v. R.P. Richards, Inc., et al.  In a related pre-litigation claim, successfully negotiated a settlement of Walsh Pacific’s request for extra costs incurred in the construction of the South County Regional Wastewater Authority’s sewage treatment plant in Gilroy, California; as part of the settlement, negotiated a defense and indemnity obligation by Walsh Pacific, in favor of the public entities, against claims made by subcontractors and other possible claimants.
  • R.P. Richards, Inc. v. Nibbi Brothers, Inc., et al.  This litigation related to the Administration Building at the Wastewater Treatment Facility in Gilroy, California; R.P. Richards, the mechanical subcontractor, filed a claim for compensation for extra work, sought to enforce the stop notice, and made a claim against the general contractor’s payment bond; R.P. Richards’ claims were settled shortly after the lawsuit was filed, and without the need for protracted litigation.
  • Sposeto Engineering, Inc. v. Alameda County.  Represented the contractor against the County of Alameda seeking compensation for work not included in the contract and required by unforeseen site conditions; obtained a substantial payment for the contractor through a negotiated settlement.
  • Hansen Concrete Products, Inc. v. R.P. Richards, Inc., et al. This action was filed by a supplier to obtain payment for materials provided to Phase I of the New Sewage Treatment Plant in Gilroy, California; the Firm arranged to have the general contractor, Walsh Pacific, defend the South County Regional Wastewater Authority under the terms of the construction contract.
  • Terrace Gardens, Inc. v. Sakura Construction.  Represented the owner of a senior housing project in litigation against the general contractor for a variety of construction defects in the Terrace Gardens Senior Housing Project in Milpitas, California; successfully negotiated a settlement in excess of $1 million dollars in favor of our client.

Other representative results include the following:

  • Successful resolution of a $4.5 million dollar claim for additional compensation by a general contractor on a local public works project based on errors and omissions in the architectural drawings.
  • Obtained a multimillion dollar arbitration award for a homeowner against a general contractor for the defective construction of a major remodel project.
  • Negotiated the favorable settlement of a major construction defect claim by a public entity against a general contractor on a major street renovation project.
  • Obtained a multimillion dollar settlement on behalf of a hotel owner against the builder.

Obtained substantial compensation for a general contractor for work performed on a public works project.