Editorial: Construction in California

01 August 2007

Among these firms, one stands out. Thelen Reid Brown Raysman & Steiner LLP sees five of its partners in this chapter, more than any other. Recognised as Who’s Who Legal’s ‘Construction Law Firm of the Year’ in the recent international awards, the firm “stands alone in this field”. Its pedigree stretches back to the 1930s, when it was involved in the construction of the Hoover Dam, the largest project in the world at the time, as well as the Golden Gate Bridge and the San Francisco-Oakland Bay Bridge. The firm’s recent representations worldwide include Eurotunnel and the Jamnagar refinery complex in India, and acting for the Korea Electric Power Corporation.

John Heisse chairs the construction department, and was rated a “shining star” who occupies one of the highest positions overall. A former chair of the American Bar Association (ABA) forum on the construction industry, he has experience representing builders, owners, developers and engineers in all stages of the construction process, and “stands comparison with anyone in this field, in California, the US and internationally”. David Buoncristiani is “phenomenal for disputes work” in this field, especially well known for his representation of contractors both in court and in front of arbitration tribunals. Stephen O’Neal is firm co-chair. Known also for his dispute resolution expertise – he is on the construction industry panel of arbitrators of the American Arbitration Association (AAA) – he is a “veritable goldmine of information” in this area. John Ralls is an “absolute star”, known for his disputes work across the United States, especially on behalf of contractors. Robert Thum is the firm’s fifth inclusion in the chapter, and the only one not to be based in the San Francisco office. Practising in LA, he was highly recommended for his disputes work for owners, contractors, subcontractors and engineers, as well as his arbitration expertise in this field.

Farella Braun + Martel LLP is the only other firm to provide more than one expert for this chapter. The firm is known for its work across a range of sectors – recent commercial construction clients include San Francisco Giants baseball club, Sony Corporation of America and Coca-Cola, as well as a range of energy clients, utilities such as Pacific Bell and AT&T, public bodies including the Port of Oakland and transportation related work for clients such as the San Francisco Airport Commission.

All three of the firm’s partners we list are based in San Francisco. Former chair of the ABA forum on the construction industry Deborah Ballati counts the University of California and the Port of Oakland among her clients. “One of the best and the brightest”, she combines her construction litigation practice with insurance coverage work, and as an arbitrator for the San Francisco Superior Court and the AAA. Charles Sink is “truly outstanding” in the eyes of our sources. “If I have a conflict then I send work to him,” said one. Skilled in all forms of dispute resolution in this field, Sink has represented clients from across the industry in litigation, as well as policyholders in insurance coverage issues, and he has also served as mediator and arbitrator in over 50 cases with the AAA and the Office of Administrative Hearings. Alan Harris is of counsel to the firm, and he counts the State of California among his clients. Fêted for his dispute resolution work, he is also highly regarded for his “immaculate contract review skills”.

Elsewhere in the research, several other individuals performed well enough to be included in the following pages. Howard Ashcraft at Hanson Bridgett Marcus Vlahos & Rudy is “on top of the game”, recognised for his “excellent dispute resolution work” on behalf of design professionals in particular. He has tried over 15 construction jury trials, including representing California in a prison construction delay claim, and is also a member of the AAA panel for large and complex construction cases for California and Nevada. In addition, he is a member of the governing board of the American College of Construction Lawyers, and his profile was further raised by his tenure as governing committee member of the ABA forum on the construction industry.

Across the bay from San Francisco, James Wulfsberg is senior principal of the Oakland firm Wulfsberg Reese Colvig & Firstman PC and “clearly one of the top guys around”. “Impressively well-informed about all facets of construction law”, he has represented clients in mediation, arbitration and litigation, and is known for his work in Latin America and the Middle East as well as the US. In Irvine, Randall Erickson of Crowell & Moring LLP is chair of the firm’s construction group. A “highly qualified individual”, he is very experienced in construction claims and construction defect disputes, as well as disputes relating to public contracts and bids, and he is also on the large and complex case panel at the AAA.

Frank Hughes at Miller Morton Caillat & Nevis LLP is also well regarded by his peers. One source said, “he is very smart, I always refer work to him,” and he was commended for both his litigation and contract work. He is particularly well known for his work for local clients, and he counsels several of the largest general contractors in and around San Francisco. Gordon Hunt of Hunt Ortmann Palffy Nieves Lubka Darling & Mah Inc was described as “the dean of Californian construction lawyers”, who would be “on everyone’s list of the best around”. At McInerney & Dillon, Robert Leslie is the “real deal”. Recognised for his heavy construction project and engineering-related expertise, he has experience of highway projects, railways, dams and bridge-related matters.

Peter Ippolito of McKenna Long & Aldridge LLP is the sole nominee in San Diego. He is a “pillar of the construction legal community”, known for his litigation work on behalf of a full range of industry clients, as well as for his work as an arbitrator in this field for the AAA and as a “top-class” mediator. Richard Holderness of Seyfarth Shaw LLP’s San Francisco office is a “strong attorney” in both public and private construction matters. Like many of his contemporaries on this list, he has been selected by the AAA to serve on its large complex case panel, and he is also seen as “an authority on contract matters”. Monteleone & McCrory LLP’s Michael Minchella has an “outstanding reputation as a tenacious and skilled litigator, a reputation which is well deserved”, and he is especially well known for his court work in relation to infrastructure projects. Also in Los Angeles, Timothy Truax at Cox Castle & Nicholson LLP is an “excellent lawyer” recognised for both his dispute and contract work.

Stephen Zovickian co-chairs Bingham McCutchen LLP’s construction and project finance litigation group and is a “fabulous lawyer”. His extensive litigation practice has encompassed claims arising from public projects including public areas, transportation and hospitals, as well as heavy civil projects and general commercial construction projects. Robert Hendrickson at Duane Morris LLP is a veteran of over 50 arbitrations, mediations and other forms of alternative dispute resolution as an advocate, and is “indisputably in the top tier” for this type of work. His representation of design professionals in particular attracted admiring comment. Eileen Diepenbrock of Diepenbrock Harrison is thought to be a “fantastic litigator” by her peers, and her work on behalf of contractors in particular was held in high esteem. Our sources had “nothing but good things to say” about Glenn Turner of Gibbs Giden Locher & Turner LLP. The firm has litigated numerous delay and disruption cases in this field, including those relating to various Metro Rail Transit projects, San Francisco International Airport and the Los Angeles County Central Jail Expansion Project, as well as representing public agencies and contractors, and Turner is “one of LA’s finest in this field”.

Ronald Kahn is of counsel to Kimble MacMichael & Upton and member of the American College of Construction Lawyers. His “encyclopedic knowledge” and the high standard of his contract and litigation work both impressed our interviewees. Roger Hughes of Bell Rosenberg & Hughes LLP was praised for his “result-oriented approach” by our corporate sources, and his dispute avoidance and dispute resolution expertise were also much admired. Daniel McMillan is co-chair of Jones Day’s multidisciplinary construction practice and numbers the Children’s Hospital of Los Angeles, the Los Angeles County Metropolitan Transportation Authority and the Los Angeles Unified School District among his clients. He also impressed with his international work in this area, and is a “fitting inclusion on a list of the leaders in the field”.

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