Construction Matters

Tamborelli Law Group has significant experience handling all types of construction matters. This representation usually begins with the early phases of a construction project.  We assist our clients from the inception of contract negotiation by reviewing the applicable contracts, including the prime contract and the design professional(s) contract and continue with advice on how to resolve, mechanics lien and stop notice claims, change-order claims, delay, disruption and acceleration claims, performance and payment bond disputes, and patent and latent construction defect claims.

We have ongoing representation for informally resolving/litigating numerous construction disputes in both public and private works (multi unit residential and commercial) during and at completion of the construction process and as against construction lenders.  Also successfully resolve multiple commercial and residential construction defect matters on behalf of the owner, general contractor and subcontractors.

Our services also include:

  • Drafting and upgrading construction contracts and front-end documents
  • Public bidding and bidding disputes
  • Pre-qualification implementation
  • Contract administration
  • Labor compliance management
  • Change order review and analysis
  • Consultant interface and oversight
  • Dispute review, analysis and resolution
  • Project close-out
  • Defective and non-conforming construction
  • Claim preparation and analysis (prosecution and defense)
  • Private dispute resolution
  • Mediation
  • Arbitration
  • Jury and administrative trials

Representative Matters

Represented a school district that sustained a multi-million dollar loss regarding mold in a school building after a contractor failed to timely and properly complete the terms and conditions of its contract and abandoned the project.  After lengthy negotiations with its property insurer and the contractor’s surety bonding company proved unsuccessful, and explaining the District’s right to recovery under the policy of insurance, as well as the surety’s bond obligation to complete the workwas successful in recovering 1.4 million dollars for  the District’s monetary losses.  Remaining 500k was paid voluntarily without filing suit.

Represented a large school district in connection with various improvements on an existing facility.  The improvement work was bid through the public contract code requirements.  The low bidder challenged the award of the contract to the second lowest bidder by bringing an ex parte writ of mandate seeking to shut down construction of the project.  Prepared opposition papers and appeared in court arguing that the contractor’s bid was non-responsive by failing to properly submit mandatory information on its bid submittal which deemed the bid non-responsive.  In addition, argued that the contractor’s delay in seeking the extraordinary relief from the court would only prejudice the school district if a peremptory writ was issued.  The court agreed with position and denied the ex parte claim for relief.  Thereafter, the contractor dismissed the petition.

Represented a large private construction company in connection with a new public recreational facility and adjoining buildings.  During the course of the project, multiple change orders were negotiated and approved for payment.  However, the sums that were agreed to be paid in the change orders did not fully compensate our client for all of its overhead and extended hours to complete the project.  We were successful in demonstrating that the construction contract, while it did identify and purportedly limit the sums allowable for a mark up on the change orders, contained certain ambiguities that legally would allow additional sums of recovery for the change orders to fully compensate the company for the increased costs. Filed a complaint and a demand for arbitration. After reviewing the legal briefing and consulting with its own consultants, the public entity agreed with analysis and claim presentation.  The owner approved the settlement with our client and the matter was concluded, avoiding a costly protracted litigation.

Work with private multi-state residential, retail and commercial developer in redrafting and redefining underlying architectural and  project manager contracts with a view towards eliminating inconsistencies, tightening language on standards of care, shifting legal responsibilities and required insurance endorsements amongst other items.