Overview
When disputes arise, our lawyers pride themselves on efficiently resolving them as early as possible. If disputes cannot be resolved informally without litigation, clients can rely on the firm’s battle-tested construction litigators who have handled hundreds of complex claims and litigation matters in state and federal courts and mediation and arbitration. Our network of technical consultants and industry reputation gives our clients an edge. We litigate complex construction disputes arising from private and public works, including:
- Project delay and cost overruns
- Payments
- Change orders
- Scope of work
- Construction accounting
- Design professional liability
- Project close out
- Contractor licensing
- Termination
- Defective workmanship
- Differing site conditions
- Bid protests
- Mechanics’ liens, stop payment notices, payment, and performance bonds
Supported by the firm’s industry-leading real estate development attorneys, including land acquisition, environmental, entitlement, land use, finance, insurance, leasing, and disposition, our construction lawyers have a comprehensive understanding and insight into our clients’ business objectives and decision-making processes when it comes to construction.
Experience
Design Error and Omission Claims for Multimillion-Dollar Detention Center
Represented client in connection with the prosecution of design error and omission claims against the architect and certain of its consultants arising from the design and construction of a multimillion-dollar detention center in California. The client sought recovery of the amounts paid to the general contractor and other amounts incurred due to alleged design errors and omissions. Cox Castle resolved the case through settlement.
Mechanic’s Lien and Breach of Contract for Mixed-Use Development Project
Represented façade contractor in connection with the construction of a condominium and commercial project in Los Angeles, in which the client was contracted to perform the window and glazing on the exterior of the project. When the project was shut down, Cox Castle was retained to record a mechanic’s lien and pursue a claim for, among other things, breach of contract and foreclosure.
Claim Against General Contractor for Multifamily Project Construction Delay
Represented developer in a matter arising from the construction of its multifamily project in California. Consisting of 264 affordable senior apartment units along with amenities, the construction of the project included two separate buildings. Cox Castle represented the client for liquidated damages against the general contractor for construction delays.
Contractor Award for Condominium Complex Repair and Restoration
Represented contractor in connection with an action to recover money owed by a Homeowners Association for work performed to repair and restore a condominium complex following a fire. After more than three weeks of trial, Cox Castle obtained an award issued for its client, including 100% of the requested damages plus attorneys’ and expert fees, and pre-judgment interest. Cox Castle settled the case quickly thereafter.
Construction Litigation for Multimillion-Dollar Estate Home Dispute
Represented general contractor in litigation over a multimillion-dollar estate home in California. The owner made a variety of claims to avoid payment, including claims for alleged over-payments, delay, defective work, and a defective security system. The owner’s claims triggered insurance coverage, and Cox Castle collaborated with co-counsel appointed by insurers.
Construction Litigation for Mixed-Use Development Project Dispute
Represented developer in litigation against a general contractor in connection with the construction of a mixed-use development project in California. The project, which had a set contractual construction duration, suffered more than a year of contractor-caused delays. As lead counsel, Cox Castle sought contractual liquidated damages, reimbursement of repair costs, and millions in economic damages in carry costs and lost profits on the residential and commercial spaces within the project. The negligence claims also triggered insurance coverage, an additional source of contribution to a possible future settlement.
Construction Litigation for Corporate Headquarters Development Dispute
Represented financial services company in claims against a design-builder hired to perform various preconstruction services for its new corporate headquarters campus comprised of a Class A office building, parking structure, walking paths, outdoor meeting spaces, and other amenities in California. The project suffered an approximately three-year delay and substantial cost overruns due to design errors and omissions. Cox Castle served as litigation counsel in connection with the dispute and successfully guided the client to a negotiated settlement.
Construction Litigation for Mixed-Use Development Dispute
Represented developer in connection with construction of a mixed-use project comprised of 72 multifamily units and approximately 6,500 square feet of commercial space as litigation counsel. Cox Castle’s representation included defending the client against litigation and providing counsel to the owner related to scope of work/change order and delay claims asserted by the general contractor.
Construction Counsel for Mixed-Use Development Dispute
Represented developer in connection with a mixed-use multifamily and retail project in California. Cox Castle represented client against the construction company for project delays and liquidated damages claims. The construction company recorded a mechanics lien against the property and filed an action in the Los Angeles County Superior Court for breach of contract and to foreclose its lien. Before moving to compel the removal of the construction company’s claims from the superior court to contractually mandated arbitration, Cox Castle successfully moved to expunge the mechanic’s lien, which allowed the developer to sell the property while arbitration was ongoing.