JOHN KLOTSCHE

John represents private and public clients, including owners, contractors, subcontractors, suppliers and sureties, in all aspects of construction law. John's practice includes bidding and protest issues, licensing, insurance coverage, surety bonds, mechanics' liens, stop notices and public and private contracting.

 

While earning his B.A. at the University of California at Berkeley, John walked-on and earned a scholarship to play linebacker on the Golden Bears' football team (1998-2002). John was a four-year letter winner at Cal.

 

Education

  • J.D., with distinction, Order of the Coif, University of the Pacific, McGeorge School of Law (2008)

  • B.A., University of California, Berkeley (2003)

 

Representative Work

Successfully defeated at the pleading stage a writ of mandate that sought to have a court vacate the award of a $65 million public works contract to a general contractor client. 

 

Defeated, by summary adjudication, claims against a contractor client for negligent and intentional impairment of security. The court ruled in the client's favor on all causes of action and completely dismissed the lawsuit, with prejudice.

Co-Counsel representing contractor against public school district in claims exceeding $6 million for delays, extra work, and unpaid contract balance.

Co-Counsel defending contractor against public agency for defective work claims exceeding $7 million arising from the construction of a public pipeline project. 

Represented public agency in design and construction defect claims exceeding $18 million arising from the construction of a health research center. 

 

Successful defense of a bid protest alleging non-responsiveness in connection with the award of a contract to construct a multi-million dollar wastewater treatment plant.

Experience negotiating and drafting various forms of construction agreements. 

 

Publications and Presentations

  • "Think There Is No Attorneys’ Fees Clause In Your Contract? It May Be Hidden In The Performance Bond," co-author, California Constructor Magazine (May 2014)

  • "Satisfaction Clauses: Do They Really Mean What They Say?," co-author Construction Law Alert (July 2011)

  • "Changes to California's Mechanic's Lien Laws," The Construction Financial Management Association (July 2012)

  • "Recent Developments in California Construction Law," AGC Construction Leadership Council (February 2015)

 

Professional Affiliations And Community Activities

  • Associated General Contractors of California – Legal Advisory Committee

  • Construction Leadership Council, Associated General Contractors of California, Delta-Sierra Region

  • National Rebuilding Day/Rebuilding Together San Francisco (repair deserving homes in San Francisco)

  • Volunteer for the Legal Aid Society of San Mateo

  • Volunteer for San Francisco Landlord-Tenant Negotiation Project

 

Honors

  • Northern California Super Lawyers, Rising Stars (2013 - 2020)