HON. JAMES A. STEELE (RET.)

LOS ANGELES SUPERIOR COURT, JUDGE (RET.)

Construction  

HON JAMES A. STEELE

Arbitrated as Panel Chair and sole Arbitrator, and mediated:

Numerous Owner-Contractor, Contractor-Subcontractor, Owner-Architect/Engineer disputes including those relating to delay, scope (change orders), payment, bond/stop notice claims, etc. involving private works (e.g., multi-family, offices, shopping centers, commercial buildings, etc.) as well as public works (e.g., hospitals, public and private university buildings, schools, power generation projects, etc.).  The amounts in dispute have ranged up to approximately $90 million. 

Other examples include:

Numerous disputes involving unpaid project suppliers on single family and multi-family residential construction projects.

Numerous disputes involving unpaid project suppliers on commercial construction projects.

Dispute involving claim by contractor performing mold abatement work on homeowner’s water damaged premises and cross-claim by homeowner for breach arising out of contractor’s allegedly negligent packing/storing homeowner’s personal belongings including valuable art works.

Dispute between general contractor and subcontractor pertaining to framing and drywalling work on multi-family complex.  Subcontractor claimed non-payment while general contractor asserted that subcontractor was not a duly licensed contractor, both pursuant to Business & Professions Code 7031 and also by operation of law in that subcontractor failed to maintain certain bonding and insurance coverages.  General contractor also sought disgorgement of amounts already paid.

Dispute involving owner of commercial property and environmental (soils) engineer alleging engineer breached contract and engaged in professional negligence relating to land which had formerly been utilized as a dry cleaning business.

Dispute between owner of business/industrial park and tenant relating to tenant’s use of property for manufacturing purposes leading to alleged soil contamination.

Dispute involving general construction contractor alleging that owner of a high-end residence failed to pay for remodeling services.  The matter included a cross-complaint for improper work and failure to finish the project.  

Dispute between popular sports figure, who was assisted by his architect, engineer and other consultants during planning stage, and contractor, involving claim that contractor misled sports figure as to ultimate cost of project which included construction of basketball court, therapy pools and guest rooms adjacent to sports figure’s residence.  Sports figure terminated contract before completion and refused to pay for substantial amount of work which had by then been completed.

Dispute in public works project involving subcontractor and original contractor, and also surety, as to payment, payment bond and stop notice release bond.   The date of completion became the critical issue pertaining to whether or not a stop notice had been timely and had been complicated by prior cessations in the work as well as by purported representations by the surety as to the subcontractors’ claim and that the claim was timely and was being processed thereby constituting possible waiver of the defense.  

Dispute involving alleged breach of owner-original contractor construction contract relating to a multi-use commercial facility which included an underground parking garage and retail condos.  Questions arose as to entitlement of contractor to compensation for extensive design and pre-construction services and amounts chargeable therefor in absence of written agreement for same.  

Dispute involving claim by union fire/life safety sub-subcontractor on major entertainment venue structure against upper tier electrical contractor who allegedly guaranteed payment to sub-subcontractor when sub-subcontractor’s next tiered contractor went bankrupt.   Sub-subcontractor incurred seven figure debt owing to it as a result of continuing oral promises of payment which were later denied.  Dispute also included claim against project surety.

Dispute involving claim by general contractor against developer of Westside residential condominium project for unpaid extras necessitated by extensive re-design mandated by authorities as well as owner initiated changes.

Dispute involving claim by general contractor performing extensive tenant improvement work at multiple locations within newly completed Orange County business/industrial park and developer’s termination of contractor on eve of contractor receiving certificates of completion.  Dispute included breach of contract, wrongful termination and statutory wrongful withhold.

Dispute involving developer’s sudden termination of framing contractor working on 100+ unit multi-family apartment complex, hiring of general contractor’s foreman, sponsoring formation of new construction company headed by contractor’s former foreman and wholesale hiring of contractor’s entire framing crew. 

Dispute involving contractor’s work on executive jet hangar, claims of defective construction and for unpaid work.   

​​Dispute between Owner/Developer of luxury condominium project and allegedly terminated/resigning General Contractor based on alleged delays in payment, delays in contractor’s performance compared to initial and updated CPM schedules, and numerous line-item allocation disputes.  General Contractor claimed wrongful termination by Owner or alternatively, that Owner’s termination was “for convenience” entitling General Contractor to cost of the work and other damages as to remaining portion of project.  Mediation involved extensive review of project and scheduling history to resolve delay claims, and detailed examination re: amounts and propriety of items chargeable including for profit, overhead, supervision and contingency based on differing allegations regarding extent of completion at time of cessation, etc.

Dispute regarding sale of entire residential/commercial electrical subcontracting business (including pending work, equipment, tools and goodwill).  Buyer ceased making payments based on alleged breaches by Seller in not adequately working during transition period, not timely surrendering phone numbers or client lists, in continuing to work in competition with the Buyer and in intercepting payments due Buyer claiming payments pertained to prior, pre-sale work.