Practice Areas
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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: |
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Federal Government Projects |
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. |
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State Government Projects |
Lax & Stevens attorneys have had
outstanding success resolving claims against the State of California.
Many of these claims are covered by the State Contract Act and,
therefore, must be pursued under the procedures of the Office of Administrative Hearings (OAH) under the Public Works Arbitration
Regulations. A firm with specialized experience in this forum is a key to success.
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. |
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Local Government Projects |
Lax & Stevens has represented contractors
in cases against a wide range of local government entities,
including the city of Los Angeles, special assessment districts
and public housing authorities. We are well-versed in the provisions
of the California Public Contract Code, federal statutes and
the Federal Acquisition Regulations, as well as local ordinances,
charters and regulations that can affect our clients’
rights and liabilities. 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. |
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Public School Construction Contracts |
The body of law governing public school construction
contracts is in a state of flux. School districts now have new project delivery options. Lax & Stevens attorneys possess substantial background knowledge in dealing with alternative
delivery models. This portion of our practice involves both
the litigation skills and the negotiation skills we can bring
to bear on behalf of our clients. 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. |
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Civil Projects |
Over their combined years of practice, Lax &
Stevens attorneys have represented a number of general contractors
on a range of civil projects, including oil refineries, power plants,
hydroelectric dams, solar generation plants and more.
We have also assisted clients dealing with
before the public utility commissions in the areas of procurement,
regulatory matters, and prudence audits.
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. |
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Hospitals |
Hospital construction is a significant specialty
among contractors, and Lax & Stevens has developed a specialty
in this field to support them. We represent hospital contractors
with a range of services, such as consultation, participation
in dispute resolution during the project and management of litigation
against both hospitals and subcontractors. We are familiar with
the special challenges posed by hospital construction, including
the complexity of hospital MEP systems and OSHPD regulations.
Our experience in this specialized field of construction includes
assisting the general contractor of a $300 million medical center
replacement project for San Bernardino County and providing
consultation services to the joint venture group that constructed
the Los Angeles County Medical Center. |
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Office Buildings |
Lax & Stevens has successfully handled a number
of cases related to construction of commercial buildings—high-rise,
low-rise, and public projects—including public and private
office buildings, courthouses, police stations and fire stations.
Our experience in disputes involving these structures includes
representing contractor clients in defect cases, such as water
intrusion, mold cases other types of alleged construction defects.
We also have substantial success in pursuing recovery on extra
work and delay claims for contractors against both public and
private owners. |
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Employment / Labor Relations |
Lax & Stevens is skilled in the intricacies
of employment cases and disputes involving prevailing wage issues
and related matters. We have defended a number of our construction
industry clients in wrongful termination, discrimination and
sexual harassment claims. Our attorneys have experience dealing
with the California Department of Labor Standards Enforcement
and the U.S. Department of Labor on wage and hour issues, prevailing
wage matters and Davis-Bacon requirements. We can advise and
represent clients regarding interactions with enforcement agencies,
owners, subcontractors and employees. |
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Defense of False Claims Allegations |
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. |
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