Overview.

Mr. Shaughnessy’s practice includes mediating, prosecuting and defending civil claims and actions including construction claims, construction collection actions, professional negligence and personal injury. Mr. Shaughnessy has an extensive network of colleagues with specialized practices which he can draw upon when additional expertise is needed.

Mr. Shaughnessy has extensive experience in mediating, arbitrating and trying civil cases in the California courts, both in northern and southern California. Mr, Shaughnessy has litigated matters in the following counties: Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Sacramento, San Diego, San Francisco, San Mateo, Santa Clara, Solano and Sonoma. He has also served as counsel in lawsuits in the Eastern, Northern and Southern Federal District Courts in California.

The primary focus of his 20 year legal career has been construction. Mr. Shaughnessy has participated in the construction industry from almost every possible perspective, as a lawyer with a national law firm, as in-house counsel for a large California general contractor, and as general counsel for a major international general contractor. He has represented owners, developers, general contractors and subcontractors in drafting and negotiation of joint venture agreements, contracts and subcontracts and in construction related disputes and litigation. He has substantial experience with mechanic’s liens, stop notices and payment bonds, construction defects and traditional construction claims for recovery for extra work, lost productivity, delays, extensions of time, and related claims.

Mr. Shaughnessy has extensive experience in real estate law, including representing buyers and sellers of real property in the negotiating and drafting of purchase and sale agreements and in litigation, as well as representing landlords and tenants in the negotiation and drafting of commercial leases and in litigation.

Mr. Shaughnessy has extensive experience in insurance coverage, primarily representing parties seeking benefits under their insurance policies. He has represented insureds in numerous bad faith coverage actions in first party and third party claims.

Mr. Shaughnessy has mediated literally hundreds of cases and more recently has drawn upon his substantial experience to serve as a mediator, attempting to assist parties to resolve their disputes before incurring substantial legal expenses and before trial. Mr. Shaughnessy also serves as an arbitrator though his membership as a panelist on the Commercial Panel of the American Arbitration Association.

The following is a brief description of representative cases which Mr. Shaughnessy has recently handled:
Mixed-Use Commercial/Residential Project Lawsuits

Represented a general contractor on a 70 unit apartment complex over commercial space in several lawsuits arising out of three property damage claims on the project. Litigation involved a lawsuit against the project’s builder’s risk insurer, a lawsuit against the contractor’s pollution liability insurer, two separate lawsuits against subcontractors responsible for two of the claims, and a lawsuit against the project owner for breach of contract and foreclosure on a mechanic’s lien.

Represented general contractor on $30,000,000+ project in connection with claims arising out of damage which occurred when new public building “floated” out of the ground due to a high water table and building uplift, including pursuing claim against the builder’s risk insurance policy and litigation with responsible subcontractors.

Prosecuted lawsuit against issuer of Subguard insurance policy on behalf of general contractor who was terminated on a $20,000,000+ condominium project due to subcontractor defaults

Served as coverage counsel for several general contractors on large condominium construction defect cases, with settlements of in excess of $10,000,000 collectively

Filed lawsuit against City of San Francisco on a large public works project on behalf of a general contractor with a disputed claim for approximately $1,000,000 for lost productivity, delay damages and wage rate increases.

Filed lawsuit against homeowner on behalf of general contractor on luxury home in Marin County for breach of contract and foreclosure of mechanic’s lien on a claim for approximately $1,000,000 of extra work.

Engaged in an arbitration before the American Arbitration Association on behalf of a general contractor who was wrongfully terminated on a project to construct a wine cave in St. Helena, California, for damages of approximately $200,000.

Defended general contractor and developer on a construction defect lawsuit by homeowners’ association for damages of approximately $20,000,000 arising out of the construction of a 225 unit high rise condominium project in Long Beach, California.

Defended a developer on a construction defect lawsuit by a homeowners’ association arising out of a 20 unit condominium project in Berkeley, California

Pursued insurance coverage on a claim on behalf of general contractor against a subcontractor’s insurance company, under which the contractor was a named additional insured, for damages arising of numerous windows that the subcontractor scratched on a $20 million property in Atherton, California

Pursued insurance coverage for general contractor on a project in San Francisco where, during excavation, a portion of the foundation supporting a commercial building was undermined, causing a partial collapse of the building.

Filed and prosecuted lawsuit on behalf of general contractor against insurance company issuing builder’s risk insurance policy for bad faith arising out of the settlement of several concrete slabs on a residential construction project in San Francisco and the costs of the resulting repairs (approximately $500,000).

Prosecuted lawsuit on behalf of owner against insurance company issuing builder’s risk insurance policy for bad faith arising out of rainfall and resulting damage to a theater under construction in Monterey, California.

Filed and prosecuted lawsuit on behalf of tenant in large commercial office building in Palo Alto for breach of lease and improper charges for operating expenses

Defended lawsuit by landlord of large commercial office building in Redwood City attempting to terminate lease of tenant for engaging in improper activities at the leased premises

Filed and prosecuted two lawsuits by different sellers of high-end residential properties in Atherton, California against same buyer who backed out of both agreements to purchase the properties.

Filed and prosecuted numerous lawsuits for breach of contract and foreclosure on mechanic’s liens on behalf of subcontractors for the balances due on many private and public works construction projects.

Defended developer of 45 unit condominium project in Oakland, California against complaint by owner of adjacent commercial real property for trespass arising out of the installation by the developer of “soil nails” under the parking lot of the adjacent landowner.

Prosecuted lawsuit against adjoining residential landowner for trespass arising out of encroachment of redwood trees onto client’s property