Edward B. Lozowicki is of counsel in the Business Trial practice group in Sheppard Mullin's San Francisco office.
Areas of Practice
Mr. Lozowicki is a full-time neutral arbitrator and mediator. He has been a member of the National Panel of Commercial/Construction Arbitrators of the American Arbitration Association for over thirty years, and serves on AAA's Large Complex Case Panel. He has served as a neutral arbitrator in a variety of arbitration cases, including construction, energy, real estate and commercial contract disputes. Ed is also a member of the FINRA, CPR and California Public Works arbitration panels. Previously, while in private practice, he represented clients in the arbitration and litigation of cases involving construction, energy, real estate and commercial contract disputes. While in private practice he tried numerous cases for over 35 years before federal and state courts, juries, arbitration panels and administrative agencies.
Ed's previous construction cases involved diverse private and public works projects and disputes over delay, disruption, acceleration, extra work, changed conditions, construction defects, mechanic's lien and bond claims, bid protests, and other matters. His project experience includes highways, bridges and undersea tunnels; nuclear, geothermal, hydroelectric, fossil and cogeneration power plants; oil pipelines and power transmission lines; prisons, hospitals, schools and other institutional structures; refineries, chemical and industrial plants; high-rise office, apartment and condominium projects; and military bases, ship-building and missile projects.
In previous energy cases, he represented clients in the litigation and arbitration of power purchase, fuel supply, wheeling, interconnection, EPC and other contract disputes, and regulatory proceedings before the California Public Utilities Commission. His experience included issues involving PURPA, FERC and California PUC regulations, contract law, the UCC, business fraud and unfair competition law. Relevant projects included power plants, pipelines, refineries and LNG plants.
In previous commercial cases, he represented owners, developers and technology companies in a variety of real estate and commercial contract disputes involving such issues as unfair competition, business fraud, Uniform Commercial Code, letters of credit, leases, and technology and specific performance of real estate contracts.
•Adjunct Professor of ADR Law, School of Law, Santa Clara University, 2013-current
•Award for Distinguished Service in Pursuit of Justice, St. Thomas More Society of Santa Clara County, 2013;
•Recommended Lawyer, Construction Law, PLC Which Lawyer, 2010-2012;
•Who's Who Legal: California, 2009.
Published Appellate Decisions
Morris v. Horton, 27 Cal. Rptr. 2d 585 (1994); Owens Corning Fiberglas Corp. v. Center Wholesale, Inc., 788 F.2d, 541 (1986); In Re Center Wholesale, 759 F. 2d 144 (1985); Nickinello v. Roberson, 23 B.R. 804 (1982)
Representative Matters Arbitration
Adjudicated numerous construction, energy, real estate and commercial cases for American Arbitration Association. A partial listing of representative matters follows:
•Geothermal Drilling Project, The Geysers, California: Acted as sole arbitrator in contract dispute between owner and developer of geothermal wells.
•Shopping Mall, San Francisco: Member of three-arbitrator panel in dispute between owner/ builder and contractor regarding claims for delay and acceleration on new shopping mall project.
•Cogeneration Plant, Long Beach, California: Chair of three-arbitrator panel in dispute over tax and contract issues between the Seller and Purchaser of Cogeneration Plant
•Gas Fired Power Plant, Chicago, Illinois: Member of three-arbitrator panel in dispute over termination and damages between EPC contractor and subcontractor.
•Juvenile Detention Center, Los Angeles, California: Sole arbitrator in dispute over claims and damages for change orders, delay and disruption between public owner and general contractor.
•Energy Marketing Contract: Chair of three-arbitrator panel on dispute over termination of power supply contract between Energy Service Provider and manufacturer/customer.
•Industrial Building, Hayward, California: Sole arbitrator in dispute between lessor and lessee of real estate regarding specific performance of lease/option and related damages
•Big Box Superstore, Antioch, California: Sole arbitrator in dispute between general contractor and subcontractor regarding termination and defective workmanship issues on Superstore project.
•Shopping Center, Fremont, California: Sole arbitrator in dispute over change in site conditions between contractor and subcontractor.
•Residential Subdivision, San Jose, California: Sole arbitrator in dispute over development losses between joint venture partners.
Publications & News
• Parsing Arbitration Provisions In Construction Contracts, Law360, January 20, 2012
• Special Advisory: New Mechanics Lien Act in California, Sheppard Mullin, 2012
•Co-Author, Can the Spearin Doctrine Survive in a Design Build World, Journal of the American College of Construction Lawyers, Winter 2008
•Author, A Model Litigation Plan for Construction Claims, Managing Construction Litigation: Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges, (Aspatore 2009)
•Author, Energy Contracts: Negotiating Strategies for Added Value, Energy Law Client Strategies: Leading Lawyers on Litigation, Negotiating, and Industry Regulations, (Aspatore 2007)
•Author, Contracts, Claims, and Dispute Resolution, Construction Accounting Deskbook (CCH 2005)
•Author, Electricity Restructuring - A New Ball Game, (Geothermal Energy Association, 1997)
•Author, Binding Arbitration of Contract Disputes in California, (American Arbitration Association, 1988)
•Author, Contracts, Claims and Dispute Resolution, Construction Accounting Deskbook (CCH 2005)
•Co-author, Mechanics' Liens, Construction Bonds and Stop Notices, (Sheppard Mullin 2012)
•Co-author, Presenting and Defending Construction Claims In California, (Lorman 2004)
•Co-author, Design-Build/Turnkey Construction in California, (Lorman 2002)
Construction & Infrastructure Law Blog Posts
•Revised Construction Industry Arbitration Rules Adopted by American Arbitration Association, July 2015
• Arbitrators Can Decide Validity of Arbitration Clause in Construction Contract, December 2, 2011(Co-author)
• Special Advisory: New Mechanics Lien Act in California, July 31, 2012
• Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims, June 11, 2012.
• Public Private Partnership Upheld For Construction of Presidio Parkway, September 2011 (Co-author)
• Mechanics Lien Update: Lien Claimants Must Give Owners Notice Of Mechanics Lien, December 8, 2010 (Co-author)
• Contractors Can Recover For Public Agency's Failure To Disclose Material Information, August 31, 2010 (Co-author)
• Breach of Contract May Lead To False Claims Liability On Public Works Contracts, July 14, 2010 (Co-author)
• Modified Total Cost Method Of Proving Damages: Approved For California Public Works, April 28, 2010 (Co-author)
• Trust But E-Verify: A Cheat Sheet For Mandatory Employment Eligibility Verification By Federal Construction Contractors, January 5, 2010 (Co-author)
• New Legislation On Wrap-Up Insurance And Indemnity Clauses, December 28, 2009 (Co-author)
• General Contractors' Liability To Subcontractors Employees On Public Infrastructure Projects, October 28, 2009
• New California Law Prohibits Retention on CalTrans Transportation Projects, January 23, 2009
Real Estate, Land Use and Environmental Law Blog Posts
• Public-Private Partnerships: P3s and Competitive Bidding Laws (Part III), March 23, 2009
• Public-Private Partnerships: Potential Conflicts With Prevailing Wage Laws (Part II), March 10, 2009
• Public-Private Partnerships: A Growing Trend (Part I), February 26, 2009
• Dispositive Motions in Arbitration, American Bar Association Dispute Resolution Section, Annual Meeting, April 8, 2016
•“Construction Arbitration: Significant Changes in Rules of the American Arbitration Association, AGC of California, February 2016
•“Game Changing Cases in Arbitration Law: Impact on Construction Arbitration, American Arbitration Association, March 2015
• Recent Developments in Arbitration Law and Impact on Commercial Cases, American Arbitration Association, March 2014
• Prevailing Wage and Misclassification Disputes, Sheppard Mullin, November 2013
• Recent Developments in Arbitration Law and Impact on Construction, AGC of California October 2013
• Impacts of Senate Bill 474 on Indemnity Agreements, Aon Risk Services 2012
• Pitfalls of Public Works Contracting, Sheppard Mullin 2010
• Public-Private Partnerships: The New Wave in Infrastructure Construction, Construction Superconference, December 2008
• Defective Specifications: Can the Spearin Doctrine Survive In A Design-Build World, CLE International Public Works Seminar, February 2008
• Mechanics Liens, Stop Notices and Construction Bonds: Special
•Remedies in California, Associated Builders & Contractors Seminar, November 2007
•Construction Claims in Public Works Disputes, Lorman Education Services, August 2007
• Presenting and Defending Construction Claims in California, Lorman Education Services, October 2004
•Game-Changing Arbitration Cases: Impacts on Construction Arbitration
American Arbitration Association Webinar
March 19, 2015
•Pitfalls of Public Works Contracting (And How to Avoid Them) Seminar
Presented by Sheppard Mullin and Heffernan Insurance, May 2009
•Public-Private Partnerships: New Authority and New Rules for Construction and Infrastructure Projects
Presented by Sheppard Mullin and Heffernan Insurance, April 2009
CLE International, January 2009
•Construction Claims in Public Works Disputes
CLE International, August 2007