Executive Summary

  • 25 years of experience resolving high-risk, complex construction and surety disputes totaling nearly $1B at issue.
  • Proven expertise in construction industry bond claims; performance bonds, payment bonds, license bonds, and more.
  • Veteran of numerous mediations, arbitrations and trials involving performance and payment bond claims, project defaults, delay and productivity claims, mechanics liens, and a host of other construction performance and payment disputes.
  • Frequent speaker and lecturer throughout the US on a variety of legal issues, including effective strategies for resolving construction disputes.
  • Provided testimony to the California State Legislature on the potential impacts of proposed indemnity legislation.

 

Experience Overview   

Mr. Phillips represents and advises a wide range of construction industry clients in dispute resolution proceedings involving construction claims on public works and private projects, including performance bond actions, project defaults resulting from performance failures and bankruptcies, delay claims, payment bond claims, mechanics liens, lien release bond claims, license bond claims, contract disputes, change order and extra work claims, differing site conditions, bid mistakes, bid protests and bid bonds, among others. His clients have included contractors, subcontractors, universities, hospitals, developers, international banks, airports and port authorities, cities, energy and utility companies, and destination resort developers, to name a few.

Mr. Phillips has served as a lead or co-lead counsel some of the nation’s largest disputes, including representing a prominent university in connection with a bankrupt contractor’s default on a design-build powerplant project and an international infrastructure developer in litigation arising out of a public-private-partnership (P3) infrastructure project and delay, payment and performance disputes with more than one-half billion dollars at risk. His experience with hospital disputes is unparalleled. In that regard, Mr. Phillips has represented both hospital owners and contractors that rank among the largest in the United States.

Specific areas of Mr. Phillips’ expertise and experience in construction dispute resolution include: litigation, mediation, and arbitration, construction performance disputes, project defaults, performance bond claims, delay claims and CPM analysis, payment disputes and payment bond claims, mechanics liens, lien release bond claims, license bond claims, contract interpretation and breaches, damage calculations and analysis, force majeure claims, architectural and engineering failures, water intrusion and mold claims, civil and criminal penalties arising out of alleged government procurement and billing fraud, and a broad scope of negligence disputes, among others.

To learn more about Mr. Phillips’ construction & surety law experience, please call us (925) 934-6102 or click here to view our website and Mr. Phillips’ biography.

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