We have negotiated contracts for all aspects of the design and construction process of major hospitality and leisure projects, including proprietary contracts developed by our attorneys as well as those standard form agreements most often utilized in the design and construction industry.
Our attorneys have significant experience in modifying and negotiating form agreements published by:
- American Institute of Architects (AIA)
- Engineers Joint Contract Documents Committee (EJCDC)
- Construction Management Association of American (CMAA)
- Associated General Contractors (AGC)
This allows us to minimize our clients’ risk exposure and maximize our clients’ rights and remedies during the design and construction process, including and especially with respect to delays and cost overruns.
Construction Litigation
Our primary goal is to minimize our clients' risk exposure and maximize our clients' rights and remedies in connection with any construction disputes. We are well-versed in the myriad design and construction contracts that have been developed for discrete hospitality and leisure projects as well as those standard form agreements most often utilized in the design and construction industry. We tackle every matter with the industry and litigation experience necessary to achieve the desired results for our clients.
We represent owners, developers, suppliers, contractors and design professionals in all aspects of construction defect claims, owner/contractor disputes, and mechanic lien cases. Our representation includes providing consultation and zealous representation in all pre-litigation flare-ups, alternative dispute resolution, arbitration, litigation, trials and appeals arising from the design, construction, development and maintenance of hotels, restaurants, clubs, resorts, themed shopping malls, parks, entertainment centers, and other providers of hospitality and leisure services.
EXPERIENCE
- Aladdin Hotel and Casino (Las Vegas, Nevada). Represented client on negotiating energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project.
- Hard Rock Hotel (San Diego, California). Represented client on the land use, mapping, and entitlement advice for the development of the new Hard Rock Hotel in downtown San Diego.
- KSL Resorts/CNL Hospitality (Coronado, California). Represented the hotel ownership (KSL Resorts/CNL Hospitality) in securing land use approvals for the redevelopment of the Hotel Coronado, including the construction of new condominium hotel units.
- LEGOLAND Carlsbad, Inc. (Carlsbad, California). Represented this Danish toy maker in obtaining land-use approvals for the first U.S. LEGO Family Park, a 125-acre park in Carlsbad, California. Our work included a state and local government incentive package, a specific plan amendment, rezoning, development agreements, a coastal development permit and an infrastructure financing district.
- Lowe Enterprises (Sunriver, Oregon). Represented Lowe Enterprises in the redevelopment of the Sunriver Resort in Oregon.
- Lowe Enterprises (Coronado, California). Represented this hospitality client to develop a Master Plan for renovating and expanding the Hotel Del Coronado in Coronado. This work included an EIR, entitlements, a Master Plan, and a Development Agreement.
- Lowe Enterprises (Palm Desert, California). Represented Lowe Enterprises and various affiliates in connection with the development of a 250 residential-lots and golf-course private luxury resort community project in Coachella Valley called The Reserve. We provided land-use guidance and our role included obtaining debt financing in the form of an acquisition and development loan, mezzanine financing, and revolving construction financing.
- Lowe Enterprises (Rancho Palos Verdes, California). Represented Lowe in the acquisition, development, construction, and financing of the Terranea Resort, a 582 room Hotel located on the former Marineland site. We also assisted with the complicated re-finance matters related to the hotel.
- Hotel Developer (Laguna Beach, California). Represented the developer of proposed resort hotel and residential project on local planning issues, CEQA compliance, California Coastal Commission approval, state and federal wetlands and endangered species issues, and variety of related development and entitlement matters.
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