Wallace E. Smith

Construction and Real Property Litigation

• Representing owners, contractors, design professionals and manufacturers in a wide variety of government, commercial, and residential projects.
• Handling construction claims disputes involving government, commercial, and multi-unit residential projects, including:
• Delay and impact claims
• Change order and payment disputes
• Lien, stop payment, and bond claims
• Efficiently resolved hundreds of multi-party construction defect claims, ranging from large governmental and commercial projects, to class actions and single-family residences, including:
• Defending contractors and others in defect actions
• Recovery actions against responsible parties
• Architectural and engineering design disputes
• Construction insurance coverage issues
• Represented clients in various real estate disputes:
• Fraud, misrepresentation and failure to disclose claims
• Commercial lease and sub-lease disputes
• Disputes with adjoining landowners – boundary, easements, trespass, nuisance, lack of lateral and subjacent support
• ADA physical access claims
• Eminent domain
• Represented lenders, commercial borrowers and personal guarantors in litigation involving non-judicial and judicial foreclosures, work-outs and substitute security agreements.

Construction and Products Transactional and Regulatory Practice

• Prepares and updates transactional documents for his construction and products clients:
• Construction contracts (risk allocation, insurance requirements)
• Product sales agreements
• Warranties, warnings, catalogs and marketing materials
• Assists his construction clients with regulatory compliance, including CSLB investigations, OSHA citations and prevailing wage claims.

Products Liability

• Litigated claims arising out of a wide range of products and equipment, including:
• Construction products such as structural elements, glazing, plumbing and mechanical systems, and electrical components
• Corrosion problems involving coatings, fasteners, plumbing, water chemistry
• Represents manufacturers in the food, chemical and construction product industries in mass tort personal injury, property damage and Proposition 65 claims.

Commercial and Business Litigation

• Commercial and business litigation experience includes:
  • Complex contractual disputes
  • Fraud/misrepresentation claims
  • Interference with business relations
  • Breach of non-compete agreements
  • Unfair business practices (California B&P Code § 17200)
  • RICO actions

Intellectual Property Litigation

• Handled a variety of intellectual property disputes including misappropriation of trade secrets, trademark disputes and unfair competition.

Insurance Coverage Litigation

• Represents insurers in coverage disputes involving first and third party claims. Focus on liability claims related to products liability, construction and intellectual property litigation.