Construction claims are complex. In order to prevail in mechanic’s lien claims, a contractor or other lien claimant must establish with certainty the value of the materials supplied and the work performed. This evidentiary requirement results in a large number of evidentiary documents in mechanic’s liens cases. Even when no lien claim is made, claims for nonpayment can be fact intensive, especially when cross-claims are made for incomplete or defective performance. Experts testify about work performed and industry standards. Change orders are fact and document intensive. Construction contracts are lengthy and complex. Unknown conditions, unexpected delays and work stoppages can complicate the completion of construction projects.
When owners, contractors, subcontractors and design professionals cannot agree on the scope of thecontract work, the nature or extent of change orders, responsibility for construction delays or the amount or quality of work performed then litigation is often an inevitable result.
Robert Jacobs draws on his top-tier mediations skills and his construction law experience of more than 30 years to settle such cases through mediation.
Throughout his legal career of 30 years Robert Jacobs consistently advised on and litigated matters for construction clients. His clients have included:
- Several major Northern California homebuilders
- A general engineering contractor
- Several general building contractors
- A grading contractor
- A drilling contractor
- A mechanical contractor
- A plumbing contractor
- A framing contractor
- A masonry contractor
- Several painting contractors
- Commercial property owners
- Residential property owners
Robert Jacobs’ construction advice and litigation work includes all of the following:
- A five week trial to judgment in Alameda county on a mechanic’s lien claim in connection with a retrofit to a petroleum filling station
- A jury trial to judgment in San Diego county on nonpayment claims by a subcontractor against a general contractor in connection with the construction of a restaurant
- A bench trial to judgment by a corporate property owner for damages against a drilling contractor
- A binding arbitration to award of claims by a general contractor against a restaurant owner for nonpayment of work performed and materials supplied in connection with construction of a restaurant
- A binding arbitration by a general contractor against a California public benefit corporation with respect to unpaid change orders issued in connection with work done on a public housing project
- A seven figure claim by a general contractor against a long term commercial tenant for significant construction improvements constructed to commercial property
- Claims by a general contractor against owners of shopping malls for nonpayment of work performed and materials supplied
- Strict Liability claims against several major Northern California homebuilders in connection with water contamination in culinary water supplies
- Dozens of litigated claims for construction defects (representing owners on some claims and contractors/subcontractors on others)
- Multiple claims (including mechanic’s lien claims) by contractors and subcontractors against owners and other contractors for nonpayment of work performed and materials supplied
Construction cases mediated by Robert Jacobs include the following:
- Suit by a bonding company against a public works contractor who allegedly did not comply with terms of bonds and related documents issued to the public works contractor