CONSTRUCTION LAW

Since its formation, Sweeney, Mason, Wilson & Bosomworth has had an active full service construction law practice. We represent individuals and businesses at all levels of participation in construction projects, including owners, developers, lenders, general contractors, subcontractors, material suppliers, and design professionals involved in both public and private works of improvement. SMWB represents clients involved in both commercial and residential projects ranging in size from home remodel disputes of less than ten thousand dollars to commercial disputes involving millions of dollars. Our construction attorneys have extensive experience assisting and advising clients in all aspects of construction law from contract review and negotiation through project real time assistance and ultimately through dispute resolution whether litigation, mediation or arbitration.

Contract Review, Negotiation and Real Time Assistance

We regularly assist our clients with the preparation and negotiation of a full range of construction contracts, including Owner-Builder Agreements, Design-Build Agreements, Subcontracts, Home Improvement Contracts and Material Purchase Orders. Our lawyers are not only familiar with major professional and industry forms, including those of the American Institute of Architects (AIA), the Associated General Contractors (AGC) and the Design Builders Institute of America (DBIA) but are also experienced in drafting project specific agreements unique to the particular needs of our clients. We are available for guidance not only during the course of negotiations but also during the project itself as needed to preemptively eliminate or mitigate disputes.

Bid Protests

We have represented clients at every level of public project development, including prosecuting and defending bid protests. We have documented protests, appeared before various California state and local government agencies as well as litigated protests.

Dispute Resolution

Our lawyers have handled all aspects of dispute resolution from negotiating resolution prior to formal litigation to mediation, litigation and/or arbitration. We pride ourselves on endeavoring to resolve disputes in the most efficient and practical manner. We have litigated at the State court and Federal court levels in California. We have extensive experience with private tribunals including the American Arbitration Association and JAMS. We have strong working relationships with the most experienced mediators in California who are active in construction law disputes. We have often assisted our clients in resolving construction disputes without the necessity of initiating litigation or arbitration.

Construction Claims

We handle all types of construction claims from the enforcement and defense of mechanic's liens, stop notices, bond claims, government code claims and contract disputes to sophisticated claims involving delay analysis, critical path scheduling, substantive change order claims and productivity analysis. We have extensive experience working with consultants and experts in the areas of defect litigation and construction claims.

Prevailing Wages and Labor Disputes

Our construction team works closely with our labor and employment section with respect to prevailing wage issues, Section 132a claims and labor disputes including picketing. We assist clients in developing comprehensive employee policy manuals and employment agreements specifically tailored to their unique needs. We counsel clients with respect to employee issues on an on-going basis and have represented clients before the California Labor Commissioner. We have extensive experience in defending contractors in disputes with union trust funds throughout the State of California.

Business Formations and Licensing

Our construction team also works closely with our corporate and business section with respect to the appropriate entity formation. We are very familiar with the rules and procedures of the California Contractors State Licensing Board, and have advised clients regarding compliance with licensing laws and have defended contractors in disputes with the CSLB. 

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