Between the artist's rendering and ribbon cutting, there's a mountain of red tapeThe flow of investment funding of ambitious development projects has slowed to a trickle, leading to silence at construction sites that were once hailed as dream projects. With the abrupt shutdowns come a host of new and thorny legal issues including stop notices, cost overruns, foreclosures, contractor licensing issues, and mechanics’ liens. Active projects by nature are litigation magnets, including lawsuits for eminent domain issues, defective design, and timeliness of construction. Keeping your project back on track from blueprint to completion requires a legal team that can work closely with the engineers, contractors, and government agencies involved.
When disputes arise between contractors, subcontractors, and public and private owners regarding construction, public works, and infrastructure and transportation projects, Manatt litigators resolve them. We understand the importance of documenting contract modifications and change orders during contract performance, and use our experience to resolve liability in claims involving:
Within each setback, there lies opportunity. The release of federal stimulus funds is providing a badly needed jolt to “shovel-ready” infrastructure projects. With the public pushing for investment in innovative transportation solutions, there are big opportunities in lucrative public/private partnerships, provided that a myriad of legal issues are fully addressed.Calling upon extensive contacts in the government and real estate sectors, we have been intimately involved in the details of some of the most significant construction projects of the last several years, including hospitals, rail systems, and skyscrapers. Our attorneys can help you make the most of the coming opportunities, as well as help to turn around existing projects that have encountered roadblocks.
Manatt in Action
The Peninsula Humane Society & SPCA (PHS). PHS needed to build a new home for its animal adoption services; however, the project was at a virtual standstill due to eight lawsuits that were filed by well-funded, neighboring property owners trying to stop the project. Within 14 months of being retained, Manatt attorneys had coordinated the successful defense of those lawsuits, including an appeal, and the sale of the property in question had closed. PHS broke ground on construction of its facility in 2009.
Union Pacific. We represented Union Pacific in five related lawsuits involving the proposed reconstruction of a section of the I-880 freeway in Oakland following structural damage from the Loma Prieta earthquake in 1989. There are three condemnation suits, a quiet title dispute, and a breach of contract dispute.
Anthony Forest Products. We are special counsel to Anthony Forest Products in a construction defect action brought by LPC Union Apartments, the developer of a downtown Los Angeles apartment project, against dozens of defendants, including our client. Anthony Forest Products is an Arkansas forest products company that owns approximately 90,000 acres of timberland and sells lumber and engineered wood products.
Local Historical Trust & Prominent Recording Artist. We represented a local historical trust and prominent recording artist in a California state court action that we filed against an out-of-state property developer, who had violated a restrictive covenant in its construction of a large commercial complex The case went to mediation and we convinced the defendant property developer to make all nine construction/design changes demanded by the covenant, which we were litigating to enforce.
Turkish Construction Company. Our lawyers successfully resolved a criminal investigation on behalf of a Turkish construction company in connection with a very high-profile project—a new park in Manhattan—that the company is building.
© 2013 Manatt, Phelps & Phillips, LLP. All rights reserved.