Mr. Pierce’s practice almost exclusively involves legal matters in the construction industry. He works with construction industry clients from the inception of a project and the formation of contracts to the resolution of claims in litigation. An experienced litigator, Mr. Pierce looks for unique solutions to construction disputes to achieve solutions that are efficient and cost effective for his clients. Mr. Pierce has had extensive trial experience in construction matters, most recently as trial counsel in five jury trials, each ranging from five to ten weeks in length. In 2005, Mr. Pierce obtained a $37 million judgment on behalf of a contractor on a power plant project after a ten week jury trial. The judgment was one of the top ten California jury trial verdicts in 2005. In 2006, Mr. Pierce successfully defended a contractor in a false claims case by the City of Los Angeles in which a unanimous jury found in favor of his client. The client also recovered its attorneys’ fees under the California False Claims Act. His construction experience includes prosecuting and defending construction contract, construction defect and design defect claims on behalf of owners, contractors and design professionals on both private and public projects. Mr. Pierce also has assisted contractors with bid protests and MBE and DBE matters.
In addition to his construction law practice, Mr. Pierce also focuses on insurance and risk management issues in the construction industry, with an emphasis on representing insureds to maximize coverage for construction claims. He also has substantial experience in the defense of ADA Title III public access claims and was trial counsel in one of the few Title III cases to go to trial in California. Mr. Pierce was named a Southern California "Super Lawyer" by Los Angeles Magazine in 2006 and 2008.
Representative Matters
Stronghold Engineering v. Western Steel (2009). Represented prime contractor in contract dispute with subcontractor on AAFES project. The matter was tried to a jury in the Riverside County Superior Court and a favorable verdict was returned for the client on its affirmative claim and against the subcontractor on its cross-complaint. Client was awarded attorney's fees and costs.
Balaton Homeowner's Association v. Balaton Condominiums LLC (2009). Represented condominium declarant on condominium conversion project in the Seattle, Washington area in defense of claims for breach of warranties under the Washington Condominium Act and other related claims. The case was tried to a jury in King County, Washington and after a five week trial, the jury returned a verdict awarding the plaintiff approximately 10% of the amount sought at trial. The case was the first condominium conversion defect case to be tried to a jury in King County.
Miramar Construction v. Cal Inc. (2008). Represented client in claim against prime contractor on federal prison renovation project in Los Angeles. The matter was tried before a jury in the Los Angeles Superior Court and after a three week trial, the client obtained a $2.4 million judgment including recovery of its attorney’s fees and prompt payment penalties.
Matt Construction v. Century City Doctor’s Hospital (2008). Represented general contractor in prosecution of claim for unpaid work on hospital renovation project. Client received an award of $5.3 million after a three week hearing in a AAA sanctioned arbitration which was over 90% of the claim amount.
City of Los Angeles v. Chicago Bridge & Iron (2006). Successfully defended a contractor against a claim by the City of Los Angeles under the California False Claims Act, with a 12-0 verdict in favor of the client after a five-week jury trial. The client was also awarded its attorneys’ fees.
Modern Continental v. Alstom Power (2005). Represented a contractor in claims against an EPC (Engineer/Procure/Construct) contractor on the La Paloma Power Plant Project in Bakersfield, California. Obtained a $37.1 million judgment after a 10-week jury trial, which was fully secured by bonds.
Sea Castle Partners v. Morley Construction (2004). Defended a contractor in construction defect litigation and assisted the client in maximizing additional insured benefits to fund a multimillion-dollar settlement from subcontractor policies; obtained substantial recovery of the client’s defense costs from subcontractor insurers.
Ray Wilson Co. v. GSA (2001). Negotiated an $18 million settlement on behalf of a general contractor client in a Board of Contract Appeals claim against the General Services Administration for claims on the Ronald Reagan Federal Courthouse in Orange County, California.
Ball, Ball & Brosamer v. Caltrans (OAH Arbitration, 2000). Successfully prosecuted a claim against the California Department of Transportation; this included taking a successful appeal from the original arbitration award and obtaining a full recovery in a second arbitration hearing.
Perini v. E.T. Whitehall (2000). Assisted a general contractor with a multimillion-dollar settlement on a hotel renovation project in Santa Monica, California; achieved an efficient settlement with minimal litigation expenses. The settlement resolved claims by the client and 10 subcontractors.
Denver International Airport (1995-1997). Represented a paving contractor in defense of claims pertaining to concrete runway construction, including defense of federal grand jury investigations under the Federal False Claims Act. No indictment was returned.
Representative Projects
Century City Doctors Hospital, Los Angeles California
Terminal Island Federal Bureau of Prisons, Los Angeles Californi
Gonpachi Restaurant, Beverly Hills, Californi
Illinois Street Intermodal Bridge, San Francisco, Californi
Meadows Field, Bakersfield California
2000 Avenue of the Stars, Los Angeles California
United States Federal Courthouse, Fresno, California
Palm Street Parking Structure, San Luis Obispo, California
Casa Del Mar Hotel, Santa Monica, California
Century Freeway, Los Angeles, California
Cinerama Dome, Hollywood, California
Clackamas High School, Clackamas, Oregon
Daniel Burnham Court Condominium, San Francisco, California
East Bay Municipal Utility District Pipe Extension, Oakland, California
Fantasy Springs Resort, Indio, California
Hyatt Regency, San Francisco, California
Hyperion Wastewater Treatment Plant, Los Angeles, California
La Canada Bridge Retrofit, Los Angeles, California
La Paloma Power Plant, Bakersfield, California
Los Angeles County/USC Hospital Project, Los Angeles, California
Los Angeles Superior Courthouse, Lancaster, California
Morgan Hill School District Renovation Project, Morgan Hill, California
Quail Point Condominiums, San Bruno, California
Ronald Reagan Federal Courthouse, Santa Ana, California
San Francisco Bay Bridge, San Francisco Bay Area, California
San Joaquin County Hospital Project, Stockton, California
Santa Monica High School, Santa Monica, California
Sea Castle Apartments, Santa Monica, California
Sherman Oaks Galleria, Sherman Oaks, California