Walsworth’s construction team provides a broad range of legal services and advises clients at every stage of the construction process, from contract negotiation and drafting to resolution of claims. We represent developers, general contractors, architects, engineers, construction managers, subcontractors, municipalities, construction product manufacturers, and suppliers. Our lawyers have over 35 years of collective experience representing clients in complex cases involving condominiums, single family homes, high-rise urban towers, office buildings, and other large scale commercial developments.
With extensive experience handling construction claims, we use our knowledge of laws and industry practices to effectively tackle issues involving purchase agreements, warranty and guarantees, surety, indemnity, change orders, delay damages, licensing, alter ego, bonding, easements, mechanics liens and employment, and independent contractor issues.
We practice before all federal and California trial and appellate courts and are experienced with binding contractual arbitration. Our lawyers also have extensive negotiation training and experience, and proactively engage in alternative dispute resolution. Our experience in construction litigation has resulted in dismissals, successful rulings on motions for summary adjudications, defense verdicts at trial and thousands of favorable settlements.
We have extensive knowledge of technical design and construction issues involving every aspect of the construction process, including:
- Roofing
- Framing
- Concrete
- Asphalt
- Stucco
- Windows
- Soils and grading
- Waterproofing
- Dewatering
- Electrical
- Plumbing
- HVAC
- Finishes
- Mold
We deal with a vast scope of related matters, including:
- Construction Contract Formation and Negotiation
- Construction-Site Injuries
- Wrongful Death Cases
- Contractor Licensing Issues
- Mechanics Liens
- Professional Design and Engineering Liability
- Residential and Commercial Construction Defect Litigation
We also have experience in addressing the requirements set forth by the Americans with Disabilities Act (ADA or Act), which require public buildings and facilities to be accessible for all individuals with disabilities. While our lawyers are also intimately familiar with the Federal requirements of the ADA under Title III Regulations (Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities), California’s accessibility compliance requirements are in many cases more stringent than the Federal requirements. Our attorneys help our clients with full accessibility compliance. We have experience handling a variety of ADA cases for all kinds of public facilities and businesses.
Representative Successes
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Heffel v. The Presley Companies
Secured a unanimous defense verdict for a client roofer after a six-week jury trial in a case brought by the owner of a large single-family home who alleged a variety of construction defects, water intrusion and mold. The jury also awarded our client over $160,000 in attorneys’ fees and costs.
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Hinerfeld-Ward v. Lipian
Obtained a jury verdict for over $500,000.00 for a private contractor in a construction matter, which also involved prompt pay penalties and construction defect. The verdict was upheld on appeal.
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Jassim v. Village Builders
Successfully secured a defense verdict on behalf of a general contractor client in a complex construction defect case involving a multi-million-dollar custom home in Laguna Beach.
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Chavez v. Acetech
Successfully settled a wrongful death case involving the electrocution of an independent contractor on a construction site. Our general contractor client assumed responsibility for overall site safety and failed to recognize in safety inspections that scaffolding was installed near overhead power lines. Successful indemnity and contributory negligence arguments were used to significantly reduce the client’s potential liability and overall contribution to the settlement. The total settlement was less than 50 percent of the last demand, and the client’s portion of the settlement was only 30 percent.
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Various Plaintiffs v. The Cheesecake Factory
Represented The Cheesecake Factory in various lawsuits where wheelchair-bound plaintiffs alleged inaccessibility to what they considered “preferred” dining area at the top of steps, restroom accommodations, and bar area seating, which prevented their ability to have enjoyable dining experiences.
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Various Plaintiffs v. Various “Strip-Mall” Defendants
Represented various strip-mall shop owners (nail salon, barber shop, pet store, deli) in various claims and lawsuits brought by wheelchair-bound plaintiffs who went shop to shop, then alleged accessibility violations which prevented them from being treated similar to a non-disabled customer.
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Abram v. Casa De Fruta Corporation
Represented the defendant, a restaurant owner, in San Benito County Superior Court for an action regarding negligence and a violation of the Americans with Disabilities Act (ADA). A trial verdict was entered in the client’s favor on the negligence claim with a finding of a technical violation of the ADA requiring upgrades of physical premises to ensure compliance with functionality standards.
Professionals
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