Construction

The Construction Practice Group is comprised of seasoned trial and contracts lawyers with the depth and breadth of experience necessary for resolving the simplest to the most complex construction legal problem. The Group represents construction clients of all sizes and types including general contractors, subcontractors, suppliers, construction managers, owners, sureties and design professionals. Our lawyers are involved in sophisticated contract formation and negotiation, litigation, and dispute resolution/avoidance on a daily basis.

RJO’s Construction Practice Group brings together an unusual and valuable mix of experience in both the public and private construction arenas. The Group includes lawyers with years of experience in addressing construction contract issues and disputes with public entities, including bid protests, claims, administrative hearings and trials related to federal, state and local entity construction projects. In addition, RJO has lawyers with particular insight into the special issues related to private construction projects, including financing and lender issues, mechanic’s liens, and land use. Together, RJO’s Construction Practice Group can effectively handle any combination of legal challenges facing construction projects, such as extra work and delay claims, liens and stop notices, surety relationships, disputes between general contractors and their subcontractors, and terminations for convenience and default. Further, teaming with RJO’s Environmental Law and Labor and Employment Practice Groups, RJO can respond to construction related environmental as well as labor and employment issues before or during a project.

The Construction Practice Group’s lawyers have extensive trial experience in state and federal courts and a variety of administrative and arbitration forums and are ready to go to trial when necessary. Our all-litigation firm has the support structure of a much larger office, including the latest in litigation technology and electronic document management, to handle trials or arbitrations of any size. We are also committed to seeking expeditious and economical resolution of construction disputes, including the use of alternative dispute resolution whenever appropriate.

Representative Cases and Issues

RJO represented CB&I AREVA MOX Services on the MOX Fuel Fabrication Facility project for the U.S. Department of Energy/National Nuclear Security Administration (“NNSA”), a nuclear mega-project; RJO assisted MOX Services in a series of requests for equitable adjustment (“REA’s”), certified claims, and Court of Federal Claims appeals to recover unallowed costs and contractor fee and also represented MOX Services in the termination proceedings after NNSA terminated the project, ultimately mediating and negotiating settlement of MOX Services’ and the Government’s claims (the latter originally over $500 million) for a payment to RJO’s client of $186 million
RJO represents Alstom, a major subcontractor on a Caltrain project for the design and implementation of a Positive Train Control (“PTC”) System in the multi-party litigation that has arisen out of Caltrain’s termination of the prime contractor/system integrator and the prime’s suspension of Alstom’s contract; RJO attorneys conducted a 12-week bench trial and guided Alstom through three multi-day mediations; RJO previously advised Alstom regarding termination and claims issues and assisted Alstom in negotiation of a post-termination time-and-materials agreement directly with Caltrain
RJO represents the Presidio Trust in connection with the ongoing negotiation and mediation of issues arising from the construction of the $1 Billion Presidio Parkway Project by the California Department of Transportation and the San Francisco County Transportation Agency, providing new approaches to the Golden Gate Bridge across the Trust’s land; the firm continues to represent the Trust in project closeout, including the negotiations of easements, and in labor and employment matters associated with its work
RJO has represented several clients, including Ashbritt, Aptim Environmental and Infrastructure, and Arcadis, on federal, state and local government projects for major disaster recovery (debris removal, housing reparation, and other services) after wildfires, hurricanes and other natural disasters; RJO has handled bid protests, contract claims and compliance issues
RJO is representing Obayashi Corporation, a large international heavy civil contractor, in connection with its work on the Uinta Basin Railway Project, in Utah as part of a joint venture to design and build tunnels for a new 85-mile single track rail line to provide transportation for energy, agricultural, mineral, and other construction and manufacturing projects in the Uinta Basin; RJO is providing advice regarding contract negotiations, compliance issues, and wide-ranging issues during performance of the contract
RJO has represented clients in many other rail and transit project matters, including RailWorks and its subsidiary, HSQ Technologies, in a multi-party lawsuit regarding the BART Berryessa extension; Alstom and Bombardier on projects with Caltrain (PTC, Electrification and Broadband Telecom.), BART, Amtrak, LACMTA, LAX, and Oakland Airport); Keller on the San Francisco Central Subway Project stations work; Watts Construction on the Honolulu Light Rail Project; several contractor, construction management and design professional clients on California High Speed Rail contracts/disputes; PGH Wong on a BART project; and B&C Transit on multiple projects, including Caltrain and a commuter train line in San Diego County, California
RJO represents one of the country’s largest construction contractors, Kiewit Construction Co., in a variety of matters both in California and elsewhere. Matters have included disputes with owners and subcontractors on projects throughout California as well as a number of bid protests and advice on a series of contracts, totaling well over a billion dollars, which Kiewit is performing in the New Orleans area as part of the construction of the post-Katrina hurricane protection system
RJO represents ACCO Engineered Systems, Inc., a major mechanical contractor, in a variety of litigation matters in Northern California involving tens of millions of dollars in claims arising from public and private sector construction projects, including claims for nonpayment, delay, disruption, extra work, mechanic’s liens, and bond claims
RJO represented an architectural metal panel contractor in a lawsuit related to the construction of a toll booth and administration building project for the California Department of Transportation. After a two-week trial, the court returned a judgment for a full recovery of our client’s claim
RJO represented Stanford University in multi-million-dollar litigation with the construction manager for the new LCLS Experimental Facility at the Stanford Linear Accelerator Facility
RJO has represented general contractors, subcontractors and major equipment suppliers on alternative energy, power plant and water treatment plant projects throughout the country