Construction and Energy Efficiency

The Construction and Energy Efficiency practice group represents public and private owners, contractors, subcontractors, and design professionals in a broad range of pre-litigation, litigation and risk management matters related to commercial and residential construction and energy efficiency.

Commercial and Residential Construction

Our attorneys have successfully represented clients in transactions and claims including:

  •  Construction defects
  •  Schedule delay, disruption and acceleration
  •  Mechanic’s liens, stop notices and bonds
  •  Insurance coverage
  •  Construction risk management
  •  Development agreements
  •  Title 7 implementation and dispute resolution documents

We handle all aspects of the claims process, starting before any formal dispute resolution process commences and through and including mediation, arbitration, and court and jury trials up to the Court of Appeal and California Supreme Court. We have handled claims involving residential construction, mixed use projects, commercial and industrial.

Energy Efficiency

Renewable energy and sustainability issues are presenting new challenges and opportunities for the construction industry. Donahue Fitzgerald is on the cutting edge of “ZNE,” “green,” and energy efficiency marketing, disclosure obligations, and compliance with California’s mandatory solar laws and the Public Utilities Commission zero net energy building standards. We represent our clients’ interests in creating risk management strategies and in the event that a dispute arises concerning design, construction, certification, operation or purchase and sale of a green-built development or solar project. Our attorneys assist clients in all aspects of developing solar energy projects for single family residences and multi-family communities from negotiating agreements between builders and solar contractors to preparing and advising on marketing collateral, disclosures, lease and purchase documents for homebuyers, and developing CC&Rs and Solar Declarations customized for each community.