Judge Ryan has arbitrated and mediated numerous breach of contract cases arising out of specific construction contracts. The cases have involved a broad range of issues including negligent design and construction, disruption, change orders, delay damages, changed site conditions, cost overruns and insurance issues. Judge Ryan is familiar with the standard contract forms and has dealt with a wide variety of issues arising under the standard contract and specialized contracts.
In addition, Judge Ryan has arbitrated matters involving specific environmental and site clean-up issues.
Some representative construction cases are summarized below.
- Arbitration of breach of land development agreement (including claims of fraud and breach of fiduciary duty) arising out of development of mixed use commercial/residential project.
- Arbitration of dispute arising out of major municipal sewer pipe installation after failure of sewer pipe.
- Arbitration of dispute over construction project for federal government (contract in excess of $5M) where principal issue was claim for delay damages.
- Arbitration of hillside grading case where sub-contractor sought compensation for change orders and delay damages in excess of $1.25M; also involved coverage and bonding issues.
- Arbitration arising out of construction of medical laboratory clean room with issues specifically involving the installation of the HAV system and the entire electrical system; damages at issue in excess of $3 million.
- Arbitration of a contract dispute between NASA’s oversight contractor and the contractor for the construction of a major NASA project which included construction of the large screen and projector in the space center. The dispute included issues as to whether the project was in conformance with all contract requirements and very specific governmental technical standards, negligent design, and delay issues. There were also major issues regarding contract overruns and change orders. There were damages at issues in excess of several million dollars.
- Arbitration of breach of contract dispute arising out of large residential multi-tract development between developer and grading subcontractor; issues of differing site conditions, disruption and delay; claim for damages in excess of $6 million exclusive of costs and fees.
- Arbitration of dispute between project developer and grading contractor on a hillside mass grading project; dispute included issues of performance under the contract regarding proper removal, change orders, and delay damages. Included issues of changed site conditions and bonding issues. Damages at issue were in excess of $5 million.
- Arbitration of major tenant improvement dispute over the installation of luxury improvements; tenant alleged faulty installation and the installation of inferior products with damages at issue in excess of $8 million. (An example of one of the products was the installation of bird’s eye maple flooring.)
- Arbitration of public works project which involved state highway; involved issues of proper surveying, boundary disputes, sewage installation, and issues of delay damages. Damages at issue were in excess of $3 million.
- Determination of development dispute between two public entities over construction of major commercial project which included determination of rights and obligations pursuant to the applicable state environmental laws.
- Determination of dispute between the state of California and private developer/landowner over recreational development which required determination of issues involving tidelands, entitlements and title.
- Determination of responsibility/allocation for liability for toxic cleanup and liability for damages arising out of construction project on property previously utilized as car dealership.