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  • Construction law and real estate litigation
  • Construction contract drafting for owners, contractors, construction managers and professionals
  • Professional design and engineering liability
  • Catastrophic claims management
  • Construction liens, stop notices, Miller Act and delay and disruption damage claims
  • Surety representation
  • SB 800 procedures and protections
  • Environmental/Toxic issues
  • Construction site accidents
  • Land subsidence, landslides, construction defect and professional liability
  • Employment/ independent contractor issues, harassment and hiring practices
  • Eminent domain and inverse condemnation
Construction

Balestreri Potocki & Holmes is recognized as a formidable California law firm in the area of construction law and real estate litigation. Our attorneys provide a broad range of legal services and counsel clients at every stage of the construction process, from advice at the planning stage, to resolution of any claims that may arise during construction and construction defect claims years later. We represent national and local homebuilders, prime/general contractors, architects and engineers, general engineering contractors, construction managers, subcontractors, landlords and tenants, municipalities, construction component part manufacturers and suppliers. We have experience in every facet of construction including design build, commercial, hospital, residential, skilled nursing facilities, resorts, casinos, offices, shopping centers, condominium conversions, universities, roads, bridges and highways, water reservoirs, and water supply and reclamation facilities.

Balestreri Potocki & Holmes attorneys have expertise in the details of the work performed by the firm’s clients and the details of construction necessary to understand the intricacies of these claims. With that expertise, our attorneys use the nuances of law and business, including that needed in connection with issues arising from purchase agreements, warranty and guarantees, surety, insurance, indemnity, licensing, alter ego, bonding, easement, mechanic’s lien and stop notice laws, Miller Act, delay and disruption rights, employment and independent contractor issues, and regulatory matters, all for the protection of our clients and achievement of their objectives.

Our attorneys have dealt with a variety of construction issues including complex catastrophic landslides, explosions, fires and building collapse, mold contamination and complex construction defect claims, including California’s Right to Repair Act (SB 800). Our attorneys are trained in legal and judicial handling of special issues associated with personal injury, real estate damage recovery, consequential economic losses of profit and other monetary damages, including punitive damages.

We practice before all Federal and California trial and appellate courts and are experienced with binding contractual arbitration, such as that conducted under several protocols published by Judicial Arbitration and Mediation Services and the American Arbitration Association. Our attorneys have extensive negotiation training and experience, and are encouraged to fully engage alternative dispute resolution methods.

Balestreri Potocki & Holmes are leaders in shaping aspects of construction law and have been involved in numerous appellate matters that have positively impacted the construction industry such as Mediplex of California v. Superior Court and later Aas v. Superior Court, as well as TSI Seismic Tenant Space, Inc. v. Superior Court.

The firm’s attorneys are engaged and active in construction industry associations and frequently present as speakers and authors on topics relevant to the industry and others.