Construction Law Group

Clapp Moroney’s Construction Law Group counsels and represents hundreds of clients, including developers, general contractors, design professionals, subcontractors and suppliers, on all aspects of the construction process.  Whether negotiating and drafting contracts, handling Calderon claims, or defending clients in construction defect litigation and administrative board proceedings, the Group emphasizes the aggressive defense of clients’ interests to resolve disputes efficiently and cost-effectively.

Contract Negotiation

Avoidance of costly construction disputes begins with a well drafted contract. Clapp Moroney’s attorneys work in tandem with clients to understand and implement their construction and development plans through careful and aggressive negotiation and drafting of contracts designed to prevent problems from arising once work has begun.  The Group includes attorneys widely respected for their expertise in indemnity and tenders of defense, and can draw upon the firm’s Insurance Law Group to assist where necessary to minimize uninsured risks and in the pursuit of coverage and defense obligations if a claim is received.

Litigation

In today’s construction environment, lawsuits are frequent.  Clapp Moroney’s attorneys emphasize aggressive and cost effective litigation solutions, designed to identify and evaluate issues and claims early in the process.  Drawing upon their extensive litigation experience developed from defending thousands of lawsuits since 1980, the Group’s attorneys are able to quickly analyze a claim and to develop creative defense plans on a case by case basis, minimizing defense costs.

Unlike many other law firms, our Construction Law Group’s attorneys represent the full range of parties to construction defect litigation, which provides the Group with the additional experience often required to defend complex claims.  The Group represents some of California’s largest developers and general contractors, managing complex multi-party litigation to achieve efficient case resolution without disruption to the client’s ongoing business goals.  Likewise, the Group’s attorneys represent  virtually all  types of subcontractors  and suppliers, individually tailoring defense plans and budgets to meet each clients’ particular needs and requirements.

The Group’s litigators defend all sizes and types of cases, from single-family residential to huge residential and commercial developments, covering a wide variety of issues and claims.  Some recent examples include the defense of developers, general contractors and subcontractors and design professionals in cases involving structural defects, water intrusion and mold, defective products including siding, ABS and polybutylene pipe, landslides, soils, subsidence, sulfates, fire resistive construction issues, delay claims and contract disputes.

Whatever the claims, the Group’s attorneys are skilled in resolving disputes.  Representing clients in all the state and Federal courts in northern California and Nevada, the Group’s litigators have longstanding excellent relationships with all of the frequently appointed construction law special masters and mediators.  Where appropriate, the Group also can draw upon the Firm’s expertise in other legal specialties to assist in managing and resolving construction law disputes.

Design Professionals

The Group’s attorneys are highly experienced in the representation of design professionals, including architects, civil, structural, geotechnical, electrical, mechanical and acoustical engineers and landscape architects.  Clapp Moroney’s attorneys also have a firm understanding of the design process and the particular responsibilities of design professionals in that process.  This provides an understanding of the design professional’s unique role in the construction process and specific standard of care issues applicable to these parties.

Calderon Phase Representation

The Group’s leaders have a thorough familiarity with the Calderon process promulgated by California Civil Code §1375.  This first-hand knowledge of the process includes a thorough understanding of the deadlines, options, requirements and costs associated with and imposed by §1375.  This experience is utilized by the Group’s attorneys to counsel and advise clients as they navigate this complex process.

Administrative Agency

The Group also represents contractors in State Contractor Licensing Board proceedings, and before administrative courts, law judges and tribunals.  Moreover, the Group successfully works with licensing board officers, case workers and claimants to resolve claims made against contractors before they reach to hearing stage, resulting in significant defense cost savings.

Conclusion

With the skills and expertise which can come only from experience, Clapp Moroney’s Construction Law Group is committed to providing Northern California’s construction industry with consistent excellent legal results that are innovative, effective, and cost efficient.