The litigation team at Lax & Stevens has a broad base of experience representing clients in a variety of construction matters. Our areas of practice include:

Included in our experience are cases in the Federal District Courts, United States Court of Federal Claims and the appropriate Board of Contract Appeals. While we work most often on behalf of general contractors, we have tried Miller Act cases and are familiar with the law governing those actions. In a recent trial, we successfully represented a subcontractor with a claim based on numerous design changes. Clients have relied on us for expert representation on a wide range of construction issues.

We have expertise and years of experience with all aspects of the process under the OAH. In particular, our experience with the panel and with choosing an arbitrator—one of the most important steps in the process—is invaluable to our clients.

Over the years, our attorneys have handled almost every issue that can arise in the public contracting setting, including bid protests, contract administration issues, prosecution and defense of claims. We have managed dozens of claims for contractors against the California Department of Transportation (Caltrans), the Department of Corrections and Rehabilitation and other agencies.

These claims have included issues from landscaping contracts to new highway construction and construction of new level III prisons. Most of the time, the matter resolves prior to the hearing. However, we have taken many claims all the way through the arbitration process. Having judgment entered on the award and handling appeals.

Lax & Stevens has the distinction of having won the largest award ever made to a contractor in an OAH proceeding (in a case arising from a contract with the California Department of Corrections). In addition to the award on the claim, our client recovered a substantial portion of the attorneys’ fees incurred in that case. We take particular pride in the planning and strategy in that case, which enabled our client to take advantage of a provision of the Public Contract Code that allows a successful claimant to recover attorneys’ fees.

Dealing with government entities can be complicated. Without proper legal counsel, a contractor may not have a mechanism to collect for his or her efforts, or to enforce the promises of the public owner because of special regulations or requirements. In addition to its other services, Lax & Stevens assists clients with pre-planning at the beginning stages of a project to avoid problems in the execution of the work, and—just as important—surprises when the client attempts to collect for its services.

With billions of dollars scheduled to be spent on school construction—both new projects and renovation—our firm is well-suited to advise clients on what can and cannot be done in school district contracts, particularly in the area of project labor agreements (PLA). Our experience includes offering advice and counsel in disputes for contractors or construction managers who have suddenly been subjected to union requirements.

Our attorneys have managed cases all the way through verdict or award in a wide variety of venues, including state court, federal court, the U.S. Court of Federal Claims, Board of Contract Appeals, the State Office of Administrative Hearings and private arbitration.

It is becoming common for public entity owners use federal and state false claim statutes to deter contractors from pursuing legitimate claims for unpaid compensation on public projects. Lax & Stevens has developed a strategy, including specialized pre-trial discovery and motion practices, that minimizes the risk of pursuing a claim in the face of a false claim cross-complaint from the public entity owner.

Paul Lax is recognized as a leading authority in the area of false claims litigation and has conducted seminars for attorneys and construction professionals on how to avoid false claims cross-complaints and how to handle such complaints when they are asserted.