Jay R.Houghton

Representative Transactional Experience

• Drafted and negotiated $169 million design-build contract to add 135,000 sq. ft. and an additional production line to a food production facility in Wisconsin.
• Drafted and negotiated $17 million contract to construct a 75-unit multifamily condominium project in Cambridge, Massachusetts.
• Assisted owner, architect, and contractor in drafting and negotiating a $73 million integrated project delivery contract to construct a 100,000 sq. ft. out-patient, full-service health care facility in Nevada.
• Assisted owner, architect, and contractor in drafting and negotiating a $64 million integrated project delivery contract to construct an out-patient, full-service health care facility in Nevada.
• Represented developer in drafting and negotiating a $156 million contract to construct a residential and office mixed-use project in Millbrae, California.
• Drafted and negotiated assignment contracts to construct public utility’s $21 million service centers throughout the Bay Area, California.
• Drafted and negotiated contract to construct a 54-unit residential development in Venice Beach, California.
• Drafted and negotiated three design contracts to renovate a corporation’s global headquarters.
• Drafted and negotiated numerous design, engineering, and construction contracts to renovate a national law firm’s offices in Chicago, Los Angeles, Boston, and Sacramento.
• Drafted and negotiated contract to renovate and upgrade a 186,000 sq. ft. industrial warehouse in Pennsylvania.
• Drafted and negotiated numerous design, engineering, consulting, and construction agreements to construct a high-rise, mixed-use office/commercial project in San Jose, California.
• Drafted and negotiated grading/excavation and core/shell contracts to construct a $9.5 million custom luxury home in Wisconsin.
• Drafted and negotiated contract to construct a 72-unit mixed-use residential/commercial development in Los Angeles, California.
• Represented homeowners association to draft and negotiate four construction contracts and a construction management contract to replace the siding and roofs of a 600-unit common-interest residential development.
• Drafted and negotiated $3.1 million construction contract to renovate and add to a manufacturing plant’s office facilities in St. Albans, Vermont.
• Drafted and negotiated $15 million design-build contract to construct a logistics center in Kansas City, Missouri.
• Drafted and negotiated contract to construct 40-unit mixed-use residential/retail apartment complex in Los Angeles, California.

Representative Litigation Experience

• Litigated and obtained a significant settlement in favor of highway-construction contractor client against highway designer regarding claims arising out of the designer’s deficient design of the multiphase project that caused months of delays and significant cost overruns.
• Part of team that obtained a favorable settlement for owner of a 21-story, 347-unit apartment construction project which filed claims against its subcontractor which installed defective HVAC equipment.
• Litigated and defeated all claims against the lead architecture firm of the design team retained to complete an $8 million design contract to renovate and upgrade the General Services Administration’s National Historic Landmark Federal Building at 50 U.N. Plaza, Federal Building, 50 United Nations Plaza, San Francisco, California.
• Litigated and successfully represented owner renovating and upgrading its industrial facility against personal injury claims related to plaintiff’s catastrophic injuries cause by plaintiff’s failure to wear OSHA-required fall protection.
• Litigated and obtained a significant settlement in favor of an out-of-state contractor client against its California labor subcontractor on claims related to that subcontractor’s defective work that delayed contractor’s work and cost client more $1.3 million to remediate the defects.
• Represented owner/developer of a 197-unit development in Denver, Colorado regarding claims against its general contractor which supplied and installed defective cabinetry throughout the project.  Obtained favorable resolution of all claims in favor of client.
• Litigated and obtained summary judgment in favor of construction-material supplier and against plaintiffs who alleged such products caused catastrophic injuries.
• Litigated and obtained significant settlement in favor of client homeowner against neighbor regarding claims that neighbor breached their easement agreement and defeated neighbor’s claims that client’s construction of a driveway through the easement failed to conform with the local building code and the relevant industry standards.
• Project counsel for the design-build joint venture constructing the $450 million Oakland Airport Connector BART Project. Assisted with numerous labor and public works law issues, as well as negotiation of major subcontracts including the principal guideway and traction system subcontract.
• Project counsel to the design-build joint venture that designed and constructed phase two of $1.045 billion Park Presidio public-private partnership project that is now the gateway into San Francisco from the Golden Gate Bridge. Assisted client with contract administration-related claims and contract management issues.

Reported Case

• Center for Biological Diversity v. FPL Group, Inc. et al. (2008) 166 Cal.App.4th 1349 (Represented defendant company that owned and operated wind turbines in the Altamont Pass, California pursuant to Conditional Use Permits issued by the County of Alameda.  Successfully defeated the plaintiff’s appeal of the trial court’s order granting client’s motion to dismiss the plaintiff’s claims on the ground its claims could only be made against Alameda County which issued the CUPs permitting the operation of wind turbines in the Altamont Pass).