Harold E. Hamersmith is a partner in the firm's Los Angeles office specializing in design and construction contracts, claims, and defects litigation, and public contract law.
Areas of Practice
Construction Contracts, Claims, and Construction Defect Litigation :
Mr. Hamersmith represents public and private owners, contractors, architects, and engineers, in a wide range of contexts: He regularly negotiates, drafts, and advises on contracts (design-build, EPC, construction, architectural and engineering services, construction management services, project control services, procurement of materials and systems, etc.) for commercial, industrial, residential, hospital, school, highway/bridge, airport, railway, transit, hospitality and leisure, including hotels and casinos, power plant and other projects, including Public Private Partnership (PPP) projects. He provides advice on public contract bidding laws and disputes, including issues of bidder responsiveness, and on stop notice and lien laws, contract obligations and remedies, performance and payment bonds, issues concerning termination of contracts, etc. as well as advice on Contractors’ State License Law issues. His areas of expertise include litigation, arbitration, and mediation of disputes on public and private works involving construction defects, professional liability of architects and engineers, latent and patent defects in real property, strict products liability, extra work claims, changed conditions claims, delay claims, defective work claims, mechanic’s liens and stop notice claims, prompt payment penalties, surety bond claims, bid protests, equipment failures, Uniform Commercial Code rights and remedies, and issues regarding state and federal false claim laws.
Public Contract Law:
Mr. Hamersmith has substantial experience advising contractors, designers, and public agencies on a variety of public law matters, in addition to those summarized above. Advice regarding California Public Records Act and issues related to same. Advice regarding application of state and local building codes and ordinances. Advice regarding RFP’s for engineering and related services, and state laws pertaining to competitive procurement for same. Advice on conflict of interest laws and policies applicable to officials and employees. Advice on various dispute resolution alternatives including arbitration, mediation, required meetings of principals, dispute review boards, etc. Advice on California local-agency dispute resolution statutes. Advice regarding insurance programs and coverages including professional errors and omissions, builder’s risk, owner-controlled insurance programs, etc. Advice regarding DBE/MBE/WBE and equal employment opportunity laws, regulations, issues, and contract provisions. Advice regarding federal laws and regulations applicable to grantees of federal funding, including FTA third-party contracting guidelines, Buy America laws and regulations, Davis-Bacon, F.A.R. requirements on cost and pricing data, etc.
Real Estate Litigation:
Mr. Hamersmith has handled a variety of real estate-related litigation, including lease disputes, purchase-sale agreement disputes, including issues regarding required disclosures, and broker/realtor issues.