Profile

Mr. Smith specializes in construction and real estate litigation, general commercial and business litigation, intellectual property disputes and defense of products liability actions.

He utilizes his technical background and his experience in forensic accounting issues to achieve effective results for his clients through mediation, arbitration or trial.

Mr. Smith has also handled a variety of intellectual property disputes including:

• misappropriation of trade secrets
• trademark disputes
• unfair competition

Real Estate and Secured Transaction Litigation

Mr. Smith is also experienced in mediation, arbitration and trial of construction claims disputes involving government, commercial, and multi-unit residential projects, including:

• fraud, misrepresentation and failure to disclose claims
• commercial lease and sub-lease disputes
• disputes with adjoining landowners - boundary, easements, trespass, tree removal, nuisance, lack of lateral and subjacent support
• ADA physical access claims
• eminent domain

Mr. Smith has also represented lenders, commercial borrowers and personal guarantors in litigation involving non-judicial and judicial foreclosures, work-outs and substitute security agreements.

Presentations and Publications

Protect Yourself From Subcontractor Default, published in Correctional News (November 2008)

Getting Paid in California: Know Contract Law and Contractor Payment Rules Before Entering the Market, published in Correctional News (July 2008)

Don’t Be Caught in the Late Notice Trap, published in Correctional News (July 2007)

Product Liability

Mr. Smith has litigated claims arising out of a wide range of products and equipment, including:

• Construction products such as structural elements, plumbing systems and electrical components
• Corrosion problems involving coatings, fasteners, plumbing, water chemistry
• Mechanical equipment failure and resulting damage
• Representation of manufacturers in chemical and construction product industries in mass tort personal injury and property damage claims

Commercial and Business Litigation

Mr. Smith's practice encompasses commercial and business litigation including:

• complex contractual disputes
• fraud/misrepresentation claims 
• interference with business relations 
• breach of non-compete agreements
• unfair business practices (California B&P Code § 17200)

Real Property/Construction Litigation

Mr. Smith represents owners, contractors, design professionals and manufacturers in a wide variety of government, commercial, and residential projects.

He is experienced in handling construction claims disputes involving government, commercial, and multi-unit residential projects, including:

• change order and payment disputes
• lien, stop payment, and bond claims
• delay and impact claims

Mr. Smith has efficiently resolved over 100 multi-party construction defect claims, ranging from large governmental and commercial projects, to class actions and single-family residences. His experience includes:

• defending contractors and others in defect actions
• recovery actions against responsible parties
• architectural and engineering design disputes
• mold claims
• construction insurance coverage issues

Mr. Smith has represented his 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, tree removal, nuisance, lack of lateral and subjacent support;
• ADA physical access claims; and
• eminent domain.

Mr. Smith has also represented lenders, commercial borrowers and personal guarantors in litigation involving non-judicial and judicial foreclosures, work-outs and substitute security agreements.