Douglas M. McManamon
Douglas (Doug) McManamon counsels clients in all aspects of construction, including project planning, delivery method selection, bidding and procurement, contract negotiation, issues that arise during construction, claim analysis and disputes, project close-out, and post-construction warranty and construction defect claims.
Doug’s background is unique. He studied architecture and practiced as an architectural designer for several years on public school and hospitality projects. He has firsthand experience in the design and construction process and understands the process from start to finish. As an attorney, Doug has represented public and private project owners, contractors, subcontractors, and material suppliers. His architectural training and industry knowledge allow him to quickly understand the complex factual issues involved and provide clients with practical and legal advice.
Doug is admitted to practice in the Northern, Eastern, and Central Districts of California.
Doug’s areas of expertise are summarized below.
Construction Procurement – Assist clients in selecting project delivery methods and drafting and developing construction contracts for public and private projects, from small home remodels through multi-million dollar water treatment plants, hospitals, and schools. Develop Division 00 and 01 specifications for public agencies on design-bid-build, construction manager at-risk projects, and design-build projects and design services agreements based on manuscript and common industry forms. Counsel clients on all steps in the procurement process.
Bidding and Bid Protests – Help public and private clients on hundreds of bid protests. Advise public clients on evaluating and responding to protests, attend hearings, and handle all aspects of writ proceedings pursued by the disappointed bidder. Successfully defended writ proceedings on several multi-million dollar public projects.
Advice During Construction – Provide ongoing support to clients throughout the construction process, from the notice to proceed to the final punch-list and project closeout. Advise clients on delay and disruption claims, work performance issues, contract termination, subcontractor substitutions, disputes over time and money, change orders requests and warranty and close-out issues.
Post-Construction Claims – Assist clients with the evaluation and pursuit of remedies for defective construction in completed projects, including warranty claims and tort and contract based remedies for faulty construction. Secured multiple favorable settlements that allowed clients to undertake repairs and get the quality of building that they paid for and expected.
Trial Practice – Trial experience includes complex construction disputes to final judgment in arbitration and state court on commercial facilities, hospitals, community college facilities, and multi-family housing projects.
Trial and Arbitration
- Hospital Design Build Default Termination – Member of the team that represented a hospital owner in a complex arbitration following a default termination of a design build contractor on a $300 million hospital construction project approximately 30% complete. The case required more than 50 depositions and 20 full days of testimony from more than 30 witnesses, including 20 engineering, design, schedule and damage experts. The final award granted the contractor zero on $130 million in lost profit and quantum meruit.
Litigation and Mediation
- Affordable Housing Developer – Lead counsel for a Bay Area affordable housing developer facing multimillion-dollar damages for defective construction at a 171-unit complex. After extensive litigation involving 13 parties, more than 40 depositions, and ten days of expert witness depositions, the case settled favorably for the client, including costs to repair, investigation costs, and a significant portion of the client’s attorneys’ fees.
- Water District – Part of the team that served as lead counsel for a water district in litigation arising from the design and construction of a water treatment plant. The litigation before the Disputes Review Board overseeing the plant project involved alleged owner-caused delay claims (zero days awarded on 1000 days claimed under four separate time impact analysis claims).
- Community College – Part of the team that represented a community college in affirmative claims regarding serious construction defects that resulted in the closure of a new Child Development Center, rendering the facility a total loss. The team obtained recovery of $4.8 million (98% of demand) after expert discovery through settlement reached at judicial settlement conference.
- Hospital Default Termination – Part of the team that successfully represented a major hospital owner through contract termination. After the default termination of a design-build contractor on a multi-phase $360 million hospital construction project, the assertion of more than $100 million in contractor claims, and commencement of litigation by the project owner, the matter was settled by the parties, avoiding years of construction delay and litigation. The project is now completed.
- Major Nationwide Industrial Developer – Represented the real estate investment arm of a national insurance company pursuing construction defect claims against a general contractor on the construction of a one million square foot warehouse facility in Northern California. He successfully recovered a significant settlement for the owner after locating evidence of contractor fraud involving the installation of a non-fire-rated roof assembly. His architectural background was essential to locating the key evidence.
- Airport Construction Matter– Represented a large California general contractor on construction of multimillion-dollar Bay Area airport facility. The complex case involved defending the contractor against improper subcontractor substitution claims and pursuit of unpaid change orders and delay damages.
Structuring Construction Projects and Contracts
- Bay Area Hospital District – Developed CM-at-risk, design-build, and design services agreements for a Bay Area hospital district for a major, systemwide construction program to rehabilitate vulnerable OSHPD facilities in advance of state-mandates deadlines for seismic improvements.
- Bay Area City Design-Build – Drafted and assisted in contract negotiations for a large Bay Area City developing a new civic center and police facility complex under new local agency design-build statutes. The project was the first of its kind to use a design-build delivery method.
Honors and Awards
- Recipient, Northern California Super Lawyers, Rising Star, Construction Litigation; 2013, 2014
Presentations and Publications
- Presenter, “Review and Comparison of Major Industry Forms: AIA v. ConsensusDocs,” 6th Annual California Construction Law Conference, The Seminar Group, 2020 (cancelled due to coronavirus pandemic)
- Presenter, “Public Contracting Requirements and Competitive Bidding in California,” Meyers Nave and Lorman Education Services seminars throughout California, 2017-2020
- Presenter, “Alternative Project Delivery Methods – Which One is Right for You?”, 4th Annual California Construction Law Conference, The Seminar Group, 2018
- Presenter, “Planning for, and Defending Against, Public Works’ Contractor Claims,” Lorman Education Services webinar, 2016, 2017
- Presenter, “Defending Against Construction Contractor Claims,” County Counsels’ Association Public Works and Contracts Spring Study Section Conference, 2016
- Presenter, “Current Issues On Bidding, Contracting and Claims on California Public Works Contracts,” Lorman Education Services webinar, 2015
- Presenter, “Public Law: Handling Contractor Claims on Public Works Construction Projects,” The State Bar of California 88th Annual Meeting, 2015
- Co-Author, “DBE or not DBE: Understanding the Disadvantaged Business Enterprise Program and Related Fraud Investigations,” 2013 Construction Law Update, (Sweeney, N., ed)
- Author, “Assigning Contractual Risk for LEED® Certification,” Bell, Rosenberg & Hughes News in Brief, 2009
- Author, “Is A Certificate of Insurance Really Worth Anything?,” Bell, Rosenberg & Hughes News in Brief, 2008
- Author, “The Role of Public-Private Partnerships in the Governors $220 Billion Infrastructure Spending Plan,” Bell, Rosenberg & Hughes News in Brief, 2006
- Member, The State Bar of California
- Member, Colorado Bar Association
- Member, U.S. Green Building Council
- Member, Associated General Contractors of California
- University of San Francisco School of LawJD, cum laude, 2004
- University of VirginiaBS, Architectural Design, 1996