James C. Earle

Representative Matters

• Prosecuted and defended multi-million dollar defects claims brought against regional and national developers and builders involving thousands of single family residences
• Drafted and negotiated construction contracts for owners of multi-million dollar shopping center projects
• Served as national litigation coordinating counsel for a nationally known pipe material supplier in nationwide cases
• Successfully defended roof coating manufacturer in lengthy trial (30 days) involving claim by owner of 400,000 square foot HVAC manufacturing center alleging defective materials and failure to warn
• Represented developer in prosecution of land subsidence claims against adjacent property owners where we obtained $1.4 million dollars in damages
• Represented general contractor with project in Southern California construction involving defect and delay claims on a $7.3 million dollar manufacturing center
• Defended hundreds of general contractor and subcontractor claims and disputes, including construction defects, default and termination, mechanic’s lien disputes, claims under performance and payment bonds, and liquidated damages clauses
• Prosecuted and defended claims involving HOAs in disputes with developers, general contractors and subcontractors over the construction of various single family and condominium projects
• Represented developer of large apartment complex in land subsidence lawsuit by tenants which resulted in a $14.5 million dollar settlement
• Successfully defended general contractor in lengthy trial (30 days) and appellate courts in multi-million dollar claim involving construction negligence and water intrusion claims
• Prosecuted and defended mold and water intrusion claims by business owners and homeowners
• Defended developers/builders, general contractors and subcontractor of large multi-tract home projects in multi-party litigation alleging construction defects and mold claims
• Represented commercial property owners in Federal and State courts defending Americans with Disability Act (ADA) lawsuits
• Represented commercial property owners in litigation against construction and design professionals involving professional negligence, breach of contract, breach of warranty and Uniform Building Code violations
• Represented international construction material manufacturers in cases throughout the United States involving products liability, construction defects and compatibility issues
• Represented waste hauling business in dispute with municipality regarding contracts
• Represented national plumbing company in a California statewide class action that resulted in dismissal of the class action, a determination that Plaintiff was not the prevailing party and a further determination that Plaintiff was not entitled to attorney’s fees and costs
• Represented City of Malibu in soils subsidence case involving eminent domain, flooding and fire related claims alleging preparation of construction contract on behalf of municipality and property owners
• Structured a development agreement on behalf of design professionals
• National litigation counsel for construction material product manufacturers
• Involved in multi-party construction and products liability litigation in numerous state and federal courts
• Negotiations with federal, state and local administrative agencies related to building code compliance and proposed modifications to the state and local building codes and regulations
• Development of agreements for mass tract housing projects and single-family residential homes
• Construction material product manufacturers and is involved in multi-party construction and products liability litigation in numerous state and federal courts
• Represented construction pipe manufacturers, roofing manufacturers, tire manufacturers in defect and breach of warranty claims
• Negotiated favorable settlement for nutrition supplement manufacturers in a contract dispute
• Represented medical device suppliers and telecommunication companies with contract disputes, facility defect claims and regulatory issues
• Defended developers/builders, general contractors, subcontractor and construction product manufacturers involving high rise apartments, condominiums and office buildings in multi-party litigation alleging water intrusion toxic tort and mold claims
• Successfully represented high end homeowner in construction defect and failure to disclose litigation involving a $25 million dollar plus residence

Publications/Presentations

• Author, “Necessary Steps,” Construction Today, October 2018
• Moderator, American Arbitration Association® Construction Conference, March 23, 2018
• Presenter, “Effective Discovery in Construction Arbitration—What is really necessary? Keeping Arbitration Lean,” American Arbitration Association Construction Conference, March 2015
• Presenter, “New Building Products and Technologies,” Construction SuperConference, December 2008
• Presenter, “An Overview of New Building Technologies: What Owners and Developers Should Know,” The Association of Owners and Developers (AOD) Seminar, May 2008
• Author, “California Construction Law, Winners and Losers,” Claims Magazine, Published by the National Underwriter Company, May 2000
• Author, “Expert Fees and Construction Defect Issues,” The California Construction Law Reporter, March 1996