Timothy M. Truax

Experienced construction and real estate attorney, practicing all aspects of construction law, including litigation, arbitration and alternative dispute resolution, contract drafting, and general advice.  Recognized for more than 10 years as one of the leading construction lawyers in Southern California.  Matters handled involve commercial, industrial, infrastructure, residential, retail, hospitality, educational and other projects; both public and private.  Comprehensive understanding of construction industry.  Emphasis on negotiated resolution of disputes without the expense of litigation.  Service as arbitrator/mediator and expert witness in construction disputes.

Representative matters include contract drafting and negotiation of construction and design contracts for major commercial, entertainment, residential and mixed-use projects, for both owners and contractors.  Regularly advise developers, general contractors and others concerning legal, contract and insurance issues.  Serve as personal counsel for clients in construction and design defect cases, overseeing work of defense counsel, working with insurance carriers and advising as to strategy.  Participate in lobbying for and against legislation affecting construction industry, including revising pending bills and testifying before legislative committees.

Experience includes numerous construction defect (residential and commercial), professional liability (error & omission), delay and disruption, mechanic's lien and stop notice, and disputed change order matters.  Tried or arbitrated 12 construction cases to judgment/award, almost all as first chair.

Extensive general litigation experience, including products liability, personal injury, real estate, environmental, commercial and employment matters, with four such cases tried to judgment/award.

Transactional experience includes real estate purchase and sale, land use/entitlements, loan documentation, and leasing matters.

Bar Admissions

California, 1985
U.S. District Court Central District of California, 1986
U.S. Court of Appeals 9th Circuit, 1999
U.S. District Court Southern District of California, 1986


Education

University of Southern California Law Center, Los Angeles, California
J.D., Doctor of Jurisprudence - 1985
San Jose State University, San Jose, California
B.A., Bachelor of Arts - 1982
Honors: With Distinction
Major: Journalism


Representative Cases

Basura v. U.S. Home Corp., 98 Cal.App.4th 1205 (CA Ct. Appeal 2002)
Brooklyn Navy Yard Cogeneration Partners v. Superior Court (Parsons Corp.), 60 Cal.App.4th 248 (CA Ct. Appeal 1999)


Representative Clients

The Whiting-Turner Contracting Company
Centre Builders, Inc.
Cannon Building Services, Inc.
DKN Hotels LLC
Sanchez Bros. Construction, Inc.
AEW Capital Management, L.P.
The Carlyle Group
Thompson Metal Fabrication, Inc.
PCL Construction Services, Inc.
Kornwasser Shopping Center Properties, LLP


Classes/Seminars

Presentation, Lorman Education Services: Design-Build/Construction Management
Presentation, Lorman Education Services: Managing Construction Project
Presentation, ABA Forum Committee on Construction Law: Local Hiring Ordinances
Presentation, AGC of California: Insurance and Indemnity
Presentation, Lorman Education Services: California Construction Lien Law
Presentation, Los Angeles County Bar Association: Indemnity & Insurance
Presentation, Lorman Education Services: 2007 Version of AIA Contracts
Presentation, PCL Construction Services, Inc.: Labor Compliance Under California Law
Presentation, Bond Companies: Construction Law in California


Honors And Awards

Associated General Contractors of California Associate Achievement Award
Super Lawyers, 2004 - 2015
America's Leading Lawyers for Business, Chambers USA, 2004 - 2014
Best Lawyers, 2007 - 2015
Who's Who Legal: Construction


Professional Associations And Memberships

American Bar Association (Forum on Construction Law), Member, 1993 - Present
Los Angeles County Bar Association (Real Property Section, Construction Law Subsection), Member, 1986 - Present
Associated General Contractors of California (Legal Advisory Committee, Legislative Committee, State Board of Directors, Building Division Board of Directors, AGCC PAC), Member, 1992 - Present

222 North Sepulveda Boulevard
El Segundo, CA 90245

P: 310-662-4755
E: [email protected]