Construction Law and Litigation
Procopio represents owners, developers, public entities, contractors, subcontractors, sureties, and financial institutions throughout the construction lifecycle, from contract negotiation and risk management to the resolution of complex construction disputes through litigation, arbitration, or settlement.


Summary
Construction disputes carry unique legal, regulatory, and economic pressures, particularly on large and complex projects. Procopio’s construction lawyers bring decades of experience handling disputes arising from major infrastructure, commercial, and development projects throughout the country, representing owners, developers, contractors, and design professionals at every stage of the project lifecycle in California and across the United States.
Our team understands the realities of building in California, including public works requirements, prevailing wage obligations, environmental considerations, and the risk allocation challenges inherent in large-scale infrastructure and development projects. We combine that industry fluency with disciplined litigation and dispute resolution experience in courts, arbitrations, mediations, and administrative proceedings. When disputes arise, we focus on protecting project value, controlling cost exposure, and minimizing disruption, whether through early resolution or decisive advocacy.
Procopio has been recognized by Chambers and Partners in Construction Law in California for more than a decade and is annually named to the Top 50 Construction Law Firm list by Construction Executive.
- Construction litigation and arbitration involving defects, delays, extra work, disruption, and termination
- Drafting and negotiation of construction contracts, including AIA, ConsensusDocs, design-build, and custom agreements
- Delay, acceleration, inefficiency, and change order claims
- Mechanics’ liens, stop notices, and payment and performance bond disputes
- Public works, infrastructure, and procurement disputes, including bid protests and prevailing wage compliance
- Construction insurance and risk transfer disputes
- Environmental and regulatory disputes arising from construction and development projects
- Trial and appellate advocacy in construction matters
Large Infrastructure and Public Works Projects
- Represented contractors, public agencies, and utilities in disputes arising from major infrastructure projects, including water treatment facilities, pipelines, transit systems, wastewater facilities, and energy projects.
- Handled claims involving differing site conditions, delay, acceleration, and change orders on large public works projects subject to complex regulatory and procurement requirements.
- Defended and prosecuted construction claims on transportation, bridge, utility, and municipal infrastructure projects involving multiple stakeholders.
Commercial, Mixed-Use, and Development Projects
- Represented owners, developers, and contractors in disputes arising from large commercial, mixed-use, hospitality, residential, and high-rise development projects.
- Prosecuted and defended claims involving construction defects, non-conforming work, design issues, and contractor default on complex private development projects.
- Advised project participants during distressed construction projects, including contractor replacement and contract restructuring.
Data Center Projects
- Represented a Fortune 500 data center company in an arbitration against a project owner in connection with the design and construction of a 6-megawatt data center in Sacramento, California. The issues in dispute include delay claims, extra work claims, contractor’s license issues, and intellectual property and trade secret issues relating to data center equipment.
- Represented the general contractor and equipment supplier in an arbitration arising from the construction of a data center.
- Counseled clients on the preparation and negotiation of construction, consultant, and supplier agreements for hyperscale data center projects totaling more than $1 billion in contract value.
- Represented the designer and builder of data centers and the supplier of power and temperature regulation products for data centers in cases involving trade secret misappropriation, patent infringement and breach of contract.
Delay, Extra Work, and Change Order Disputes
- Prosecuted delay, disruption, inefficiency, and acceleration claims on behalf of contractors and subcontractors across public and private projects.
- Defended owners and contractors against large delay and extra work claims involving defective plans, specifications, sequencing, and coordination issues.
- Resolved complex change order disputes through arbitration, litigation, and negotiated resolution.
Payment, Lien, and Bond Claims
- Handled mechanics’ lien, stop notice, and payment and performance bond claims on behalf of owners, contractors, subcontractors, and suppliers.
- Prosecuted lien foreclosure and bond claims to recover unpaid contract balances on commercial, industrial, and infrastructure projects.
- Defended payment bond and lien claims asserted in connection with public works and private development projects.
Construction Defect and Bodily Injury Claims
- Defended developers, contractors, and trade partners in construction defect litigation involving commercial, residential, and mixed-use projects.
- Represented project participants in bodily injury and site accident claims arising from construction activities.
Environmental, Regulatory, and Compliance Matters
- Represented developers, contractors, and owners in construction disputes involving contaminated soil, groundwater issues, hazardous materials, and environmental compliance.
- Advised and litigated prevailing wage, bid protest, licensing, and public contracting compliance issues affecting construction projects.
Arbitration, Trial, and Appellate Advocacy
- Served as lead counsel in jury trials, bench trials, and arbitrations involving high-stakes construction disputes.
- Handled construction appeals and post-award proceedings involving delay claims, fee disputes, and enforcement of arbitration awards.
When should we involve a construction lawyer on a California project?
Earlier than most teams expect. In California, issues around contract terms, prevailing wage, licensing, and risk allocation can determine the outcome of a dispute long before a claim is filed. Involving construction counsel during planning or early project execution often reduces exposure and avoids disputes that are far more expensive to fix later.
As a project owner or developer, how can construction counsel help protect our investment?
Construction lawyers help owners manage risk across contracts, insurance, scheduling, and claims strategy. When disputes arise, the goal is not just legal resolution, but protecting project value, minimizing delay, and avoiding outcomes that jeopardize financing, operations, or future development plans.
As a general contractor, when does a project issue rise to the level of a legal dispute?
In California, issues such as differing site conditions, change order disputes, delay impacts, and scope disagreements often become contentious quickly if they are not documented and addressed properly. We help contractors evaluate when an issue should be escalated, preserved, or resolved early to avoid downstream claims and cost overruns.
How do California’s public works and prevailing wage laws affect construction disputes?
Public works projects carry unique statutory and regulatory requirements. Prevailing wage compliance, bid protests, prompt payment laws, and False Claims Act exposure can significantly increase risk. Construction counsel familiar with California public works helps navigate these issues while minimizing compliance-related disputes and enforcement actions.
What should subcontractors consider before pursuing a lien, bond, or payment claim?
Timing, leverage, and cost matter. California lien and bond laws are technical and unforgiving. We help contractors, subcontractors and suppliers assess the strength of their claim, preserve rights properly, and pursue recovery in a way that maximizes leverage while avoiding unnecessary legal spend or disruption to future work. We also assist owners in distressed project close-out, which often includes coordination of payment and releases of multiple liens among the contractor, subcontractor, and lenders.
How do you prevent construction disputes from becoming overly expensive or open-ended?
Cost escalation is one of the biggest risks in construction disputes, particularly in California where projects often involve multiple parties, extensive documentation, and technical issues. We address this proactively by defining strategy and budget expectations early, narrowing issues to what actually drives resolution, and reassessing approach at key inflection points. The objective is sustained leverage and forward momentum without allowing legal spend to outpace the value of the dispute.
How do construction lawyers help control costs while still advancing a strong position?
Effective construction litigation is focused and disciplined. We prioritize claims and defenses that actually move the dispute forward, limit discovery to what matters, and align legal effort with business objectives. This approach reduces waste, shortens timelines, and protects the project’s financial outcome.
When does arbitration make sense for construction disputes in California?
Arbitration can be efficient, but it is not always faster or less expensive. The right forum depends on contract terms, project complexity, number of parties, and discovery needs. We help clients at contract formation evaluate whether arbitration, litigation, or early resolution best aligns with schedule, budget, and risk tolerance.
How do you handle disputes involving large infrastructure or multi-party projects?
Large infrastructure disputes require coordination, clarity, and control. We help clients manage overlapping contracts, multiple stakeholders, insurers, and regulatory considerations while keeping the dispute focused on outcomes that protect schedule and project economics.
As an in-house counsel or project executive, what should we expect from outside construction counsel?
You should expect proactive strategy, clear communication, and no surprises. We flag risks early, explain tradeoffs in business terms, and adjust strategy as projects and disputes evolve so legal decisions support the business rather than distract from it.
How does trial and arbitration experience benefit us even if a case resolves early?
Credible trial readiness influences outcomes long before a hearing or trial occurs. When opposing parties understand a case is being prepared efficiently and seriously, disputes often resolve sooner and on better terms, reducing prolonged litigation and unnecessary cost.
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