Sean focuses his practice on construction matters. He counsels clients and litigates disputes in most areas of construction law. Sean handles public and private contract drafting and negotiation, bid protests, insurance coverage, mechanic's liens, stop notices, surety bonds, licensing, false claims, mediation, arbitration, and trial.

 

Education

  • J.D., with distinction, Order of the Coif, University of the Pacific, McGeorge School of Law (2000)

  • B.A., Philosophy, University of California, Davis (1996)

 

Representative Work

Construction Contracts and Transactions
Co-lead counsel for owner in negotiation and administration of $125 million, 25-story, downtown Sacramento office building project.

Advised and negotiated on behalf of owner of large industrial food distribution facility on series of projects, including solar power installation and major facility expansion.

Negotiated and drafted numerous types of construction industry contracts, including design-build, lease-leaseback, construction management at-risk, tribal gaming, and design professional agreements.

Bid Protests and Legal Challenges to Contract Awards
Successfully defended construction manager in a legal challenge to the validity of construction management at-risk contracts. Received a judgment in the construction manager's favor, upholding the validity of the contracting method.

Defeated challenge to award of $63 million state agency construction project. The legal challenge, by a disappointed bidder, was defeated at the pleading stage and did not advance to trial.

Won writ hearing in which losing bidder challenged contractor client's compliance with Disadvantaged Business Enterprise requirements. Resulted in award of multi-year construction services contract to client.

Extensive experience and success pursuing and defending dozens of bid protests on public projects, securing multi-million dollar contracts on behalf of contractor clients.

Dispute Resolution
Co-lead counsel for specialty subcontractor in private arbitration arising out of construction of an industrial chemical facility, involving claims and counter-claims totaling more than $20 million. Matter settled favorably before final award after five weeks of arbitration.

Successfully prosecuted a claim on behalf of contractor against a public entity that claimed the contract was void due to a conflict of interest and that the contractor's work was entirely faulty. Reached a settlement in which the public entity paid the entire contract balance in exchange for limited repair work by the contractor. Also obtained insurance to contribute to the cost of defending the public entity's defective work allegations.

Defeated, at the pleading stage, complaint by an attorney who, as a qui tam plaintiff, sued a general contractor client for false claims and other causes of action arising out of a public works project. The complaint sought the recovery of more than $70 million in contract funds plus treble damages and civil penalties. The court ruled in our client's favor on all causes of action and completely dismissed the action, with prejudice. The court then awarded attorneys' fees in favor of our client.

Successfully prosecuted and defended cases in multiple court trials and binding arbitrations, including arbitrations with the American Arbitration Association and Office of Administrative Hearings.

Effectively mediated and settled scores of disputes for contractors, owners, subcontractors, and sureties.

 

Publications

  • "Impact of Recent Changes to Standard Additional Insured Endorsements," Construction Law Alert (January 2014)

  • "​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) featured in California Constructor (May/June 2012)

 

Presentations

  • "Construction Law Update," Construction Management Association of America (November 2013)

  • "Subcontractor Listings and Bid Books," co-presenter, Associated General Contractors of California Annual North State Construction Leadership Council Working Weekend (February 2012)

  • "Liens, Bonds, and Stop Notices," Associated General Contractors of California (October 2004)

 

Honors

  • Best of the Bar, Sacramento Business Journal (2015)

  • Northern California Super Lawyers, Rising Stars (2009, 2013-2014)

 

© 2017 by OTMK - Construction Industry Attorneys.

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