Construction
Wulfsberg Reese Colvig & Firstman represents private and public entities in all facets of the construction process, including:
- Planning, preparing construction documentation, and coordinating regulatory compliance;
- Advising, preparing, negotiating, and resolving claims;
- Negotiating with insurers, sureties, owners, and other contractors during all project phases; and
- Prosecuting and defending claims in mediation, arbitration, and trials.
Our extensive experience in the trial and arbitration of major construction disputes allows our lawyers to bring their knowledge, experience, and judgment to a broad range of construction matters. As a result, we have become the firm of choice for large engineering and construction companies.
Our construction practice has worked on everything from moderate-sized projects to mega projects including:
- Airports
- Power plants
- Wastewater and water treatment facilities
- Refineries
- Process facilities of all types, including chemical, petrochemical, gas processing
- Roads, streets and highways
- Correctional facilities
- Convention centers
- Sports facilities, arenas and stadiums
- Pipelines
- Underground utilities
- High-rise office buildings
- Warehouses
- School facilities of all types elementary, secondary, college
- Student housing
- Condominiums
- Multi-family housing
- Libraries
- Retail
- Shopping malls
Following are representative examples from our construction practice:
Engineering, Power, Heavy Civil Construction
Wulfsberg Reese Colvig & Firstman’s practice in the engineering, power, and heavy civil construction field dates back to the 1970’s. We represent owners, engineers, design professionals, contractors, design-build contractors, and international engineering, construction procurement (“EPC”) contractors on claims of all types, in project planning, claims negotiations, mediation, arbitration, and trial.
Recent representative cases include:
Trial and Litigation Practice
Wulfsberg Reese Colvig & Firstman represents an international EPC Contractor as lead counsel in a high stakes, extremely complex group of consolidated lawsuits and separate arbitration proceedings arising out of the design and construction of a highly publicized private toll road and public highway connector system. The disputes involve claims and counterclaims totaling in excess of $350 Million, and involve a multitude of complex issues including responsibility for delay, disruption, loss of productivity, extra work, deductive change orders, liquidated damages liability, novel contractor licensing issues, public versus private works characterizations and remedies, among other things.
We represent a joint venture of two international EPC Contractors responsible for the majority of a $500 Million Liquified Natural Gas unloading and regasification facility and pipeline terminal against a multi-million dollar claim by the project’s primary marine subcontractor. Aside from the usual complexities of construction delay litigation involving large scale industrial projects, this case poses challenging issues of international jurisdiction, choice of law, choice of forum, arbitrability of disputes, letter of credit disputes, and corporate entity liability.
We represented an international EPC Contractor in a complex construction and insurance coverage matter. The dispute between the EPC Contractor and the project owner was resolved, resulting in a multi-million Euro settlement paid to the EPC contractor. The subsequent litigation with the insurers in the London market and other company insurers was resolved with an additional multi-million Euro payout to the EPC Contractor prior to trial in the High Court of Justice, Queens Bench Division, Technology and Construction Court. Our firm worked and coordinated very closely with US and UK-based technical personnel and legal counsel in preparation for the trial.
We represented international EPC Ccontractor on a 750 Megawatt combined cycle, simple cycle and blast furnace gas fired power facility, involving offsetting claims in excess of $500 Million in over 80 hearing days of testimony and argument.
We represented international EPC Contractor on a 400 Megawatt combined cycle power facility located in Saudi Arabia, involving offsetting claims in excess of $150 Million, in over 30 hearing days of testimony and argument. The matter resulted in an award to our client of over $30 Million.
We represented an international EPC Contractor in an international ICC arbitration (conducted in Spanish) involving a natural gas liquids processing plant located in Venezuela with claims and counter-claims exceeding $70 Million. Our client was awarded over $19 Million.
Negotiation and Mediation
Wulfsberg Reese Colvig & Firstman represented an international engineering procurement contractor against an owner's alleged claims of design and construction deficiencies in a power plant in Colorado.
We represented a Northern California County in the default termination of a contractor, completion demands, and negotiations with the performance bond surety.
Counseling
Wulfsberg Reese Colvig & Firstman regularly conducts in-house client training programs on claims avoidance, claims management, claims resolution, and contractual claims preparation, and submission procedures.
Public Works Litigation
Wulfsberg Reese Colvig & Firstman represents public entities in defense and prosecution of construction claims of all types, such as extra work, defective plans and specifications, differing site conditions, delay, acceleration, suspension of work, and contract terminations, in claims resolution settings including negotiation, mediation, arbitration and litigation, before state and/or federal courts, arbitration tribunals, and private resolution forums.
Recent representative cases include:
Trial and Litigation Practice
Wulfsberg Reese Colvig Firstman represented a Bay Area City in successful defense of a $10 Million construction claim on a public library. The Firm secured a complete defense judgment, along with an award of attorneys' fees.
We represented a Northern California irrigation district in pursuit of affirmative claims and in defense of a contractor’s claim for its final payment and extras, tried to final judgment after 25 court days of testimony, argument and post trial motions.
We represented a major Bay Area Port in connection with over $5 million in contractor’s claims in complex litigation with subcontractors and sureties, in which we obtained terminating sanctions against all of the subcontractor’s claims.
We represented a Bay Area school district in a successful claim on the performance bond surety of a contractor that had been default terminated on three separate construction projects. The Firm secured the penal sums of the bonds plus a portion of its attorneys’ fees.
We represented a Northern California County and secured a complete defense judgment involving $8 Million in claims on a Juvenile Hall facility.
Negotiation, Mediation and Settlements
Wulfsberg Reese Colvig & Firstman represented a local public entity in connection with a $100 Million renovations project for two professional sports facilities. We served as the lead counsel on one project, overseeing contract drafting, bidding, award, administration and claims resolution. In the second matter, we handled the construction claims analysis and dispute resolution involving over $20 Million in contractor claims.
We represented a school district in claims under the California False Claims Act against a contractor and construction manager. The litigation was settled with recovery of 100% of the value of the 446 individual false claims submitted, plus a significant portion of the school district’s attorneys’ fees.
We represented six separate school districts as special construction law counsel on school bond construction programs, including defense and prosecution of numerous contractor claims, construction claims, and design professional claims.
We represented a San Francisco Bay Area county in multiple suits and claims involving disputes over its $15 Million jail expansion project, including a prolonged arbitration proceeding involving over 20 parties. The matter was settled during the arbitration.
We represented the construction manager of a Southern California port district in defense of over $150 Million in claims, securing a judgment of dismissal.
Construction and Design Defect
Wulfsberg Reese Colvig & Firstman represented a nationally-known producer of ultra-premium wines in litigation arising from the construction of a vineyard in rural Sonoma County, California. The matter proceeded with lengthy discovery and pretrial proceedings, culminating in a jury trial in January 2008. After the presentation of the client’s case-in-chief, the defendants agreed to dismiss all counterclaims for less than a third of their demands.
We represented a major California-based commercial property developer in multiple construction defect disputes involving architects, contractors, subcontractors, and suppliers, arising from the construction of high-rise office buildings. In one matter, the matter was tried to a jury resulting in a verdict in excess of $8 Million. The other matters were mediated successfully.
We represented a homeowners association regarding design, construction, and product-manufacturing defects to a 168-unit condominium complex. The defects included defective hardboard siding, water intrusion problems, and related toxic mold growth resulting in a multi-million dollar settlement.
Construction Documents, Bidding and Administration
Our owner-side public and private works experience is extensive and involves a wide variety of projects including:
- Public and private industrial facilities such as airports, seaports, rail facilities, wastewater treatment plants and (clean) water processing plants, sports arenas, baseball parks, light rail systems, and commercial truck dealerships;
- Public infrastructure projects such as roads and bridges;
- Public and privately owned and operated hospitals; and
- Miscellaneous public facilities such as jails, schools, juvenile detention facilities, parking facilities and libraries.
Wulfsberg Reese Colvig & Firstman also represents architects and engineers in similar projects, particularly in the course of contract documentation and negotiation.
In addition to our construction litigation practice, we offer our clients services in:
- Project documentation - Drafting, negotiation, structuring of delivery and procurement approaches (including advance contracting, “best value” contractor selection, multi-prime contracting, "target cost" reimbursable and construction manager “at risk” contracting), and risk evaluation.
- Administration of bidding - Bid protests, subcontractor listing, and project setup and administration for all types of publicly bid construction projects.
Recent representative matters include:
Wulfsberg Reese Colvig & Firstman represents a health care organization in developing its construction contract documents for projects estimated in excess of $1 Billion annually.
We represent two local community college districts as construction counsel for over $800 Million in master plan construction, including master planning agreements, design and construction management agreements, construction contracts and claims counseling, for new construction and renovation at six different colleges within the districts. We drafted and negotiated contracts, recommended strategy and planning, and continue to advise the college districts on claims and bidding issues.
We represent a major local port district as construction counsel for a $1.5 billion airport and seaport expansion project, including new terminal and boarding areas, parking and rental car facilities, new wharves and berths, harbor deepening, joint intermodal terminals and roadways, and potential mass transit extension. We provided legal services that include drafting, negotiating and providing bid, award and bid protest support for major contracts for design, construction, and construction management.
We represent a major metropolitan airport commission regarding design and construction phase related legal support for an approximately $2.4 billion airport construction project. We were rated at the top and selected over 100 full-service construction law firms competing for the engagement.
We represent several Bay Area counties, cities, and special agencies, and Northern California Hospital Districts in connection with capital improvement programs involving new construction and renovations, with one project exceeding $100 Million. Our scope of services included drafting and negotiating design and construction contracts, and advising on bidding issues and construction claims.
