Construction Law and Litigation
Construction law and litigation is one of the cornerstones of our firm. Ralph Rhoades leads the Construction Law and Construction Litigation practice group. Ralph has many years of experience in advising and representing property owners, general and trade contractors and material suppliers throughout Northern California.
Parton & Sell has addressed or litigated almost every type construction dispute. Our practical expertise covers the range of potential problems that can arise in a construction project, including general engineering and soils, weatherproofing, roofing and curtain wall, life safety, and plumbing issues.
We offer our clients the following professional services:
Contract Negotiation, Preparation and Risk Management
Our primary objective is always to help our clients manage risk and avoid litigation, if possible. Given our deep litigation background, we know that litigation is an expensive and resource-draining process. Many clients who originally sought our counsel to defend them against a lawsuit or other claim now utilize the firm’s knowledge, skill and experience to help them better manage their risk.
Expertly prepared contract documents are critical to a successful construction project. Parton & Sell attorneys:
- Negotiate contract documents
- Prepare and modify prime contracts, subcontracts and other key construction contract documents and forms
- Counsel on risk management and risk transfer issues for indemnity provisions, insuring and bonding requirements and first party coverage
- Interpret regulatory compliance issues
- Counsel on requirements for California Home Improvement contracts for remodel of residential properties
Parton & Sell counsels and represents numerous clients concerning their federal, state, and local public works projects. The firm’s attorneys are versed in the California Public Contract Code and California case law setting forth contractors’ obligations in public works projects.
Our construction law and construction litigation services and experience include:
- Contract award controversies and bid protest litigation
- Subcontractor Fair Listing Law requirements and compliance
- Issues and claims related to prompt payment, change orders, extra work orders, delay, disruption, and acceleration
- Subcontractor withdrawal or default issues
- Contract performance issues
- Disputes between prime and subcontractors, including subcontractor fair practices – bid withdrawals and rejection of bids
- Wrongful termination claims
All too frequently, changes in the scope of a construction project substantially increase its costs. As construction law and litigation specialists, we are often requested to document, prove and recover costs and damages related to changes arising from:
- Constructive and formal change orders
- Differing site conditions
- Delay, abandonment, acceleration, inefficiency and impact claims
- Liquidated and consequential damages
Commercial & Residential Defect Litigation
A focus of Parton & Sell’s practice is the defense of claims arising from defects in the design and construction of commercial and residential structures. We regularly work with reputable construction forensic consultants to evaluate and analyze design, workmanship and materials problems to ascertain which contractor, subcontractor, design professional, supplier or other party is responsible for the deficiencies. Our construction litigation services include counseling, negotiation, and dispute resolution for:
- Construction defect disputes and litigation
- Contractual indemnity claims
- Insurance coverage disputes arising from construction defect claims
Construction Bodily Injury Litigation
Unfortunately, in the construction industry, accidents occur and workers or bystanders may be injured. We have successfully represented construction industry employers in bodily injury litigation in courts and before the Occupational Safety and Health Appeals Board. Our construction litigation attorneys know and understand the roles of the parties involved in a construction project, including their responsibilities for safety under the California Construction Safety Orders and accepted industry custom and practice. In collaboration with qualified construction experts, physicians, vocational rehabilitation consultants, economists and biomechanical engineers, we analyze responsibility for an accident and bring the claim against our client to a successful conclusion.