Please note, Jeffrey D. Pearlman is now a member of Conkle, Kremer & Engel PLC. You may contact him by going to their site or calling 310-998-9100.
I represent general contractors, subcontractors, design professionals, construction managers, owners, sureties and real estate developers in resolving complex construction disputes through trial, arbitration, and the application of state and federal claims dispute procedures. Because construction projects face the challenges of high risk and tight profit margins, you can ill afford extensive litigation costs unless absolutely necessary to achieve your desired goals. Getting the best results for you is my main consideration.
As a member of the Legal Advisory Committee of the Associated General Contractors of California, I am at the forefront of developments in construction law. My handling of a partnership dispute involving a general contractor, Mayer v. Driver, was reported in the California Courts of Appeal. I use this same combination of industry knowledge and legal skills to serve construction industry clients statewide.
When the potential for a dispute arises, I work with your managers to analyze the issues involved, assess the paper trail from pre-construction to completion, and map out the best strategy. By helping you to preserve and analyze all project documents and correspondence, I can identify the responsibility for and pursue successful settlement of claims involving:
- Cost Overruns
- Defective Design
- Delay and Change Orders
- Payment and Performance
- Surveying Errors
- Breach of Contract
- Insurance Coverage
- Construction Defect Litigation
- Mechanic’s Liens
- Stop Notices
- Bond Claims
- Deceptive Trade Practices
- Warranty Issues
- Contractor Licensing
The foundation of my help is often an on-site analysis of all project documentation and correspondence (including change orders and their effect on other aspects of the work and the project schedule) and interviews with field managers to identify the causes of and responsibility for any costly project delays. This often leads to the settlement of claims and disputes through informal means such as mediation rather than costly litigation. I can apply the same techniques to help foremen, supervisors and project managers with record-keeping, documentation of labor scheduling, and similar issues that, when properly addressed, can minimize or eliminate later claims disputes.
Prior to the start of a project, I can negotiate contracts documents and undertake contract reviews for construction companies, contractors. owners and other industry participants. I’ll advise you with regard to errors and omissions coverage, government requirements and other legal factors that could affect the project, and provisions for resolution of disputes that may arise. I apply my knowledge of insurance and damage recovery to disputes involving performance and payment to design and construction defect claims. When necessary, I can pursue and collect payments on mechanic’s liens, stop notices and performance and payment bonds.