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William L. Darby

Principal

  • Telephone: (510) 835-9100
  • Facsimile: (510) 451-2170
  • Email: wdarby [at] wulfslaw [dot] com

Biography

William L. Darby has been practicing complex litigation for over twenty years. After spending the first years of his practice with a large San Francisco law firm, Mr. Darby joined Wulfsberg Reese Colvig & Firstman in 1992, where he is now a principal. He has focused his practice in the area of complex commercial litigation, with a special emphasis within the areas of construction and contracts law and trade secrets. Mr. Darby's practice has involved cases in virtually every area of the law, including many types of business contract disputes, insurance, unfair competition and trade secrets. Within the field of construction law particularly, Mr. Darby has represented a wide variety of public and private entities in all types of construction disputes. He has extensive experience in representing clients in the resolution of complex disputes through litigation, trial, arbitration and mediation.

Education

  • B.A. cum laude, Carleton College, Northfield, Minnesota, 1983
  • J.D. cum laude, University of Minnesota, School of Law, 1987

Affiliations

  • American Bar Association
  • Alameda County Bar Association
  • Admitted to practice in the United States District Court for the Northern, Southern and Eastern Districts of California
  • Admitted to practice before the United States Court of Appeals for the Ninth Circuit
  • AV Peer Review Rated (Highest Rating), Martindale-Hubbell

Professional Experience

  • Major Bay Area Steel Fabricator / Structural Steel Engineering Represented fabricator/provider of 1000-ton off-shore work platform for large public works project in Southern California.In representing a subcontractor on a $500 million public works project, advanced claims against the general contractor for breach of contract and to enforce stop notice rights; additional claims advanced against surety on Project payment bond. Matter involved complex scheduling and delay analysis. Following an abbreviated discovery period set-up in support of early case mediation, the case settled in mediation, on favorable terms, less than four months after filing of the complaint.
  • Local School District Represented public entity owner in multi-million dollar breach of contract/negligence action relating to public school construction. Assisted school district in resolving complex contract dispute, related insurance claims and action against Project performance bond surety. After achieving significant settlement for the school district through its separate insurance, successfully pursued claims against general contractor and Project surety in proceedings before the American Arbitration Association. Following discovery and prior to formal arbitration hearings, the case settled in mediation.  The client obtained complete reimbursement of all costs and damages suffered on the Project, plus recovery of most of its incurred attorney fees and costs.
  • Large Construction Management Firm Defense from multiple personal injury claims. Represented nationally known construction management firm in personal injury litigation arising from alleged design deficiencies/construction defects in $60 million municipal transportation project; following nearly two years of active litigation, succeeded in obtaining summary judgment resulting in avoidance of lengthy and costly trial.
  • Representation of Large Construction Materials/Equipment Supplier Advanced claims for breach of contract, interference with prospective business advantage and for misappropriation of trade secrets on behalf of a large construction materials and equipment supply firm against former employees who had started competing firm. The case involved significant counterclaims and several complex issues regarding insurance coverage. After favorably settling the insurance coverage issues, the entire case was settled through  mediation, resulting in a substantial client recovery plus payment of the vast majority of client’s incurred fees and costs.

Speaking Engagements and Publications

  • Wiley Construction Law Update, "Expanding the Owner's Remedy for Property Damage", (Aspen Law & Business 1998)
  • “Nuts and Bolts of Mechanic’s Liens and Stop Notices”, Continuing Legal Education Program Speaker, January 2009