Laurence R. Phillips

Represented a Fortune 500 data center company in a six-week arbitration against a project owner in connection with the design and construction of a 6-megawatt data center in Sacramento, California. The issues in dispute include delay claims, extra work claims, contractor’s license issues, and intellectual property and trade secret issues relating to data center equipment.

Represented a prime contractor in an arbitration arising from the construction of an apartment building project, successfully defeating claims brought by a subcontractor against the prime contractor and its project manager for fraud, punitive damages, and statutory prompt-payment penalties. The arbitrator awarded the subcontractor nothing on its fraud-based and prompt-payment penalty claims following a heavily contested evidentiary proceeding.

Represents data center developers in high-value construction and utility infrastructure matters for hyperscale facilities nationwide, including projects exceeding 75MW. Brings experience navigating utility interfaces and complex risk allocation across developments with estimated construction costs exceeding $1 billion, serving top-tier global technology and artificial intelligence companies.

Represents clients in complex commercial disputes, including cross-border arbitrations. Recently represented a U.S.–Mexican maquiladora in a highly contested arbitration with a product manufacturer under a manufacturing services agreement involving claims of production inefficiencies and conversion, while pursuing the client’s claims for unpaid receivables and employee severance costs, achieving a favorable resolution following a dispositive motion.

Successfully represented a tribal client in a three-week arbitration concerning the termination for cause of a design-build contractor on a federally funded project in Arizona. Defeated the contractor’s wrongful termination claim by establishing material breaches, including noncompliance with Davis-Bacon requirements, failure to procure required insurance, undisclosed conflicts of interest, and significant design and construction deficiencies. Secured a ruling upholding termination for cause and an award exceeding $6.3 million, plus interest—more than 60 times the contractor’s $100,000 settlement offer.

Served as lead trial lawyer in a 3-week jury trial on behalf of a project owner arising from a waste-water lift station replacement project. The issues in dispute included delay and inefficiency claims, liquidated damages, extra work claims, and alleged prompt payment violations. Despite being sued for millions of dollars, the firm’s client obtained a defense verdict and the client obtained a judgment in its favor in excess of $300,000; the client recovered its litigation costs and expert witness fees.

Served as lead counsel on behalf of the general contractor and equipment supplier in six-week arbitration arising from the construction of a data center.

Represented an international supermarket chain in litigation arising from the construction of its food processing and distribution plant. The issues in the litigation included the default of a prime contractor and corresponding management and resolution of numerous third party claims, government agency claims and assessments, and related indemnity and insurance claims.

Served as lead counsel on behalf of a hotel developer in the drafting and negotiation of a design-build contract in connection with a $450M hotel project to be constructed on the Las Vegas Strip.

Represented a national P3 developer in a two-week arbitration against an architect in connection with a 750-unit privatized military housing project. The arbitration resulted in an award in favor of the P3 developer.

Member of the litigation team that represented a public agency in a lawsuit against the project designer, major equipment manufacturer/supplier, and general contractor arising from a $100M Emergency Storage Project. The claims were in excess of $30M and included delay claims, cost overruns, and alleged violations of the California False Claims Act. The matter settled for $30M in favor of the public agency prior to trial.

Represented a public works general engineering contractor in arbitration against a public agency. The issues in dispute included delay, change order, differing site conditions claims. The arbitration resulted in an award in favor of the contractor, including attorneys’ fees, costs, and pre-award interest.

Represented public works contractors in a bid protest and corresponding writ of mandate proceedings throughout California.

Represented contractors and subcontractors in connection with claims brought under the Miller Act.

Prosecuted and defended claims brought under the California and Federal False Claims Acts.

Counseled a public agency in connection with the preparation and negotiation of a design-build contract relating to the design and construction of a $100M wastewater treatment facility.

Counseled a national P3 developer in the preparation and negotiation of prime contracts and design-build contracts in connection with privatized military housing projects throughout the United States.

Counseled public agencies concerning the application of the California Prevailing Wage Law to construction performed by private developers on land leased by the public agencies.

Counseled owners, contractors, subcontractors, and architects in connection with the preparation and negotiation of contract documents published by the AIA, DBIA, and AGC.