Ian Feldman and Tyler Costanzo Secure Victory in a High-Exposure Construction Delay Claim
Clausen Miller shareholder Ian Feldman and senior associate Tyler Costanzo successfully defended their client against a massive construction delay claim that arose from a hotel owners’ complaint against its general contractor.
In a high-exposure matter, Ian and his team obtained a major victory for their client, a pool subcontractor, in a case involving the expansion and remodel of the Hilton Waterfront Hotel in Huntington Beach, California.
The hotel owner brought a $13 million construction delay claim against the general contractor, who, in turn, cross-complained against several subcontractors, including Ian’s client, alleging it caused 84 days of delay. This client had the highest alleged allocation of compensable delay damages amongst all of the subcontractors. Under a liquidated damages provision in the prime contract, potential damages exceeded $2.5 million.
After nearly five years of litigation and more than 1 million documents and photos disclosed, Clausen Miller was victorious when the judge granted a Motion for Judgment under Code of Civil Procedure Section 631.8 after the close of the general contractor’s case.
Ian Feldman is a shareholder and the managing partner of the firm’s California offices. He has extensive litigation and trial experience defending contractors, design professionals, property managers, retail businesses, manufacturers, landowners, lawyers, accountants, brokers and healthcare professionals in all areas of professional, products, premises and construction liability matters.
Tyler Costanzo is a senior associate in the firm’s California offices. He has extensive civil litigation experience in a variety of practice areas, including personal injury, employment, and intellectual property and unfair competition.
Ian R. Feldman
Tyler M. Costanzo