Construction Disputes
Gavrilov & Brooks represents owners, developers, public entities, general contractors, construction managers, subcontractors, suppliers, design professionals, joint ventures, and sureties in complex construction and infrastructure disputes throughout California and internationally. The Firm’s construction lawyers appear in state and federal courts, in domestic arbitration before the American Arbitration Association and JAMS, and in international arbitrations administered under the rules of the International Chamber of Commerce, the International Centre for Dispute Resolution, and the Dubai International Arbitration Centre.
The practice is grounded in the proposition that construction disputes are resolved on the project record. Entitlement in a delay claim is established through schedule analysis and contemporaneous documentation; a defect claim turns on the specifications, the applicable standard of care, and the technical evidence developed by qualified experts. The Firm’s lawyers approach each engagement accordingly, working closely with schedulers, engineers, cost consultants, and forensic specialists to develop the evidentiary record from the outset, and preparing each matter for adjudication before a court or tribunal. That preparation informs the Firm’s settlement posture as well as its trial posture.
Gavrilov & Brooks combines this technical discipline with two capabilities that are uncommon in construction practices of comparable size: a dedicated international arbitration practice, permitting the Firm to represent clients in cross-border project disputes without referral to outside counsel; and an established insolvency and creditors’ rights practice, which the Firm deploys when a contractor’s financial failure or an award debtor’s conduct converts a construction claim into a question of recovery.
The practice is chaired by Giorgio A. Sassine, who has been recognized in Best Lawyers: Ones to Watch in America for Construction Law from 2023 through 2026, and whose construction practice extends to arbitrations seated in California, New York, London, Paris, Doha, and Dubai.
Capabilities
Construction Litigation and Arbitration
The Firm prosecutes and defends claims involving delay, disruption, and acceleration; extra work and change order disputes; defective construction and design defects; differing site conditions; scope-of-work disputes; terminations for default and for convenience; and professional negligence asserted against or on behalf of architects, engineers, and construction managers. The Firm also handles payment disputes, mechanic’s lien and stop payment notice proceedings, payment and performance bond claims, bid protests, and public works claims, together with the insurance coverage and indemnity disputes that commonly accompany construction losses.
Construction Arbitration
Because the majority of construction contracts provide for arbitration rather than litigation, the Firm treats arbitration as a discrete discipline rather than an adjunct to its litigation practice. The Firm devotes particular attention to arbitrator selection, the scope of document production, and the presentation of schedule and quantum evidence, each of which frequently bears more directly on the outcome of a construction arbitration than motion practice.
International Construction and Infrastructure
Cross-border projects give rise to disputes involving foreign counterparties, multiple governing laws, parallel proceedings in more than one jurisdiction, and awards that must ultimately be enforced abroad. Through its International Arbitration Practice, the Firm represents clients in such matters directly, including on projects situated in the Middle East, Europe, Asia, and Australia, and advises on the recognition and enforcement of arbitral awards under the New York Convention.
Contract Negotiation and Risk Allocation
The Firm advises clients at the contracting stage on the provisions that will govern any subsequent dispute, including dispute resolution and arbitration clauses, selection of seat and governing law, arbitrator qualification requirements, multi-tier mediation and dispute board procedures, consolidation and joinder mechanics on multi-party projects, notice and claims provisions, and limitations of liability.
Recovery and Enforcement
Through its Insolvency and Debt Restructuring practice, which is led by a former staff attorney of sixteen years’ tenure at the United States Bankruptcy Court for the Eastern District of California, the Firm pursues recovery where a contractor’s insolvency, an intervening bankruptcy, or the transfer of assets threatens the value of a construction claim or judgment, including through non-dischargeability actions, fraudulent transfer proceedings, and asset investigations.
Industries and Project Types
The Firm’s construction lawyers have handled disputes arising from aviation and airport infrastructure; automated transit and people-mover systems; highways, bridges, and heavy civil work; water and wastewater treatment facilities; dams and flood control works; power generation and energy facilities; renewable energy and offshore wind development; data centers and related infrastructure; industrial and process manufacturing facilities; mining and resource infrastructure; hospitals and healthcare facilities; educational and university facilities; stadiums, arenas, and athletic facilities; high-rise commercial construction and curtain wall systems; hospitality, resort, and mixed-use development; and public works projects of every description.
The practice encompasses each principal project delivery method, including design-bid-build, design-build, engineer-procure-construct (EPC), engineering, procurement and construction management (EPCM), construction manager at risk, integrated project delivery, public-private partnerships, joint venture and consortium arrangements, and guaranteed maximum price and cost-plus contracting.
Representative Matters
◆ Represented joint venture in a series of California state court actions against subcontractors arising from delay and disruption claims on the $2.5 billion automated people mover project at Los Angeles International Airport. Included was a complete dismissal of claims exceeding $3 million and a recovery of approximately $5 million due to subcontractor not being licensed at all times during the project.
◆ Represented top five global EPCM firm in an international arbitration concerning the design and construction of a multibillion-dollar polysilicon manufacturing facility in the United States.
◆ Represented water district in California state court action against general and subcontractors concerning design and installation of pumphouses necessary to bring water from the Colorado River to residents of Southern California.
◆ Represented joint venture in a dispute arising from a multibillion-dollar highway construction contract in Southern California.
◆ Represented Lebanese subcontractor in an ICC arbitration seated in Qatar arising from delay and breach of contract claims on a major international airport security installation.
◆ Represented top five global EPCM firms at bench trial in a dispute involving wrongful termination, fraud, and design claims concerning a high-rise curtain wall system.
◆ Represented French engineering firm in an international arbitration concerning the design of water treatment infrastructure at a uranium mine in Australia.
◆ Represented architectural firm in a AAA arbitration involving complex structural issues in the design of an athletic facility.
◆ Represented owner in a AAA arbitration involving the construction of a $50 million residence in Los Angeles concerning breach of contract and fraud.
◆ Defended a global construction firm in litigation in California concerning the design and construction of a dam.
