Construction Law

Hopkins & Carley's Construction Law Practice is comprised of lawyers who are skilled, experienced, and comfortable in the job trailer, the board room or before a judge and jury.

Broad Range of Services

Hopkins & Carley construction lawyers provide a broad range of services to public and private construction owners, contractors, subcontractors, design professionals, construction managers and suppliers in connection with the planning, financing, development, design and construction of public and private projects throughout Northern California.

Our construction group has gained a reputation for successfully negotiating and drafting construction contract documents for any application and project delivery system. 

The firm’s deep knowledge of the construction industry and its experience in the resolution of complex disputes that can arise on projects has also given us a strong reputation in representing clients throughout the dispute resolution process, whether in court, arbitration or using ADR techniques.

Types of projects

Types of matters we handle include:

  • Construction litigation
  • Contract negotiation, review, and enforcement
  • Enforcement of statutory remedies
  • Litigation avoidance
  • Property damage claims
  • Prevailed in complex construction defect trial resulting in $7.5 million verdict plus attorney’s fees and interest.
  • Represented a general contractor in a successful binding arbitration of a $1 million claim for additional payment against an owner of a commercial development project.
  • Represented a design/builder regarding a bid protest in the construction of a $6 million public facility.
  • Represented a materials supplier in a $643,000 breach of contract claim.  We won at trial, successfully defended the verdict on appeal, and obtained full payment of the judgment.
  • Prevailed at trial and on appeal for a general contractor in a large claim against a landlord and tenant in a commercial restaurant cost overrun claim.
  • Represented a landlord in a $14 million claim by a tenant arising out of the construction of Internet data centers.  The dispute was resolved successfully at mediation.
  • Negotiated construction management and architectural services contracts for the construction of a $25 million facility.
  • Successfully represented a subcontractor in a $400,000 claim for payment in a residential high-rise construction project. 
  • Represented a regional bank in the sale of three problem construction loans valued at more than $15 million in principal to an investor.
  • Obtained a multi-million dollar settlement for a client, in a claim involving significant defects in the construction of their new, 11,000 square foot home in Pebble Beach.
  • Represented the prime contractor on a multi-million dollar claim brought by a subcontractor on a national underground cable telecommunications network project.  The matter was resolved favorably in mediation.
  • Represented the general contractor claiming additional compensation due from the owner of a large multi-family residential project.  The case was resolved successfully in a confidential settlement after mediation.
  • Represented the general contractor in a two week binding arbitration against the owner of a condominium project.  Client was awarded 100% of the claim, plus interest and all attorney’s fees.
  • Advising a prime contractor for a high visibility, multi-billion dollar infrastructure project on a variety of construction issues, including negotiating change orders, dealing with an international steel supplier, and defending against claims by subcontractors.
  • Represented general contractor in a $2 million breach of contract claim against the owner.  The matter was successfully resolved at mediation.

Update on Mechanic's Lien and Private Works Stop Notice Laws

On July 1, 2012, the Mechanic's Lien and private works Stop Notice laws in California changed. Read more »

Preserving The Right To Foreclose After Accepting A Deed In Lieu

When a lender seeks to foreclose under a deed of trust, often a borrower who does not have the resources or incentive to resist the foreclosure will offer the lender a deed in lieu of foreclosure. Read more »

October 30, 2014 Subordination Agreements with General Contractors are Enforceable

Lenders know that recording their construction deeds of trust after the commencement of construction is risky because of the possibility of losing priority to mechanic's liens. Read more »

Recent Decisions Highlight Severe Consequences To Contractors Working Without A License

Two recent decisions highlight the severe penalties imposed against contractors who failed to closely follow the license requirements. Read more »

"A victory for property owner rights": How the Supreme Court's Waters of the US-related ruling impacts builders

In an effort to define, once and for all, what that means exactly, the EPA finalized its Clean Water Rule in 2015, which lays out which bodies of water are considered "waters of the United States (WOT... Read more »

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