Construction Litigation

Newmeyer & Dillion LLP is one of the preeminent California law firms in the area of construction litigation. We counsel our clients at every stage of the construction process from the negotiation of construction agreements to the administration of the contracts and develop risk management and warranty plans in order to avoid litigation. The Firm represents many of the major real estate developers, as well as contractors and design professionals in all aspects of complex claims and litigation.

The Firm has pioneered the defense of developers in construction defect matters and has been involved in numerous appellate matters that have positively impacted the construction industry, such as Aas v. Superior Court (2000) 24 Cal.4th 627. In Aas, the California Supreme Court ruled that the economic loss rule precludes homeowners from recovering on a negligence theory for construction defects that have not caused appreciable and non-speculative property damage.

Newmeyer & Dillion LLP’s attorneys are knowledgeable not only in the details of construction necessary to handle these claims, but also in the nuances of construction law and the construction business, such as insurance, warranty, indemnity, licensing, alter ego and regulatory matters, required to fully protect our clients. The Firm is proud to include among its clients Centex Homes, Fieldstone Communities, Inc., KB Home, Standard Pacific Corp., William Lyon Homes, and W.L. Homes LLC.

Newmeyer & Dillion LLP has extensive experience in alternative dispute resolution and looks for creative and cost effective approaches to resolve construction claims. In the event a dispute must be resolved by trial or arbitration, the Firm has substantial trial experience. The Firm’s attorneys have successfully tried cases involving a wide range of projects, from large multi-family developments to single family homes. The Firm also has the expertise to litigate with the insurance industry when our clients are wrongfully denied insurance coverage.

Our Firm has the resources to handle the largest construction claims, but also recognizes that not all matters require a team of attorneys and paralegals. The Firm’s attorneys work with our clients to develop cost effective methods to resolve any issue.

The Firm’s attorneys are active in construction industry associations and frequently present seminars and lectures on construction issues.

  • Construction defects
  • Insurance coverage analysis and negotiations
  • Complex multi-party actions
  • Class actions and "representative" Association actions
  • Slope failure cases
  • Concrete failure cases
  • Mold cases
  • Land subsidence
  • Contract disputes
  • Environmental/Toxic issues
  • Land use planning and regulatory matters
  • Delay Claims
  • Site accidents
  • Errors and Omissions
  • Title insurance claims and quiet title actions
  • Debtor bankruptcy
  • Judicial foreclosures
  • Mechanic's liens and Stop Notice actions
  • Financing and security issues
  • Collections