Doug M.
McManamon

Representative Experience

Transbay Joint Powers Authority (TJPA) – The Portal. Lead construction and transactional counsel on the estimated $7 billion downtown rail extension, including the $2 billion progressive design-build contract for the civil and tunnel work, the program’s organizational conflict-of-interest policy, and federal funding compliance under 2 CFR Part 200 and FTA Circular 4220.1G.

Santa Clara Valley Transportation Authority (VTA) – BART Silicon Valley Extension Litigation. Lead litigation counsel defending delay claims and prosecuting counterclaims on the nearly $1 billion design-build extension from Fremont to North San Jose. After four years of litigation and more than 100 depositions, the case resolved with a $20 million payment to the Authority, release of all claims, and forfeiture of $5 million in retention, a $25 million affirmative recovery, with contractor claims exceeding $50 million fully defended.

Toll System Contractor Default Arbitration. Led a government transportation client through a high-stakes arbitration arising from a contractor’s failure to perform on two major toll system projects. Managed pre-arbitration disputes, 17 depositions, review and production of more than 57,000 documents, multiple mediation sessions, and four testifying experts. The matter resolved with a multimillion-dollar settlement for the client.

Kaiser Hospitals – Design-Build Default Termination. Part of the trial team representing the hospital owner in the arbitration that followed default termination of the design-build contractor at roughly 30% completion of the $300 million project. The case required more than 50 depositions and 20 days of testimony, including testimony from 20 experts. The final award granted the contractor zero on $130 million in lost-profit and quantum meruit claims.

Hospital Owner – Multi-Phase Default Termination. Part of the team that carried a major hospital owner through default termination of a design-build contractor on a $360 million multi-phase construction program and the assertion of more than $100 million in contractor claims. The parties settled, avoiding years of delay; the project is now complete.

City of Oakland – Flatiron Construction Litigation. Represented the City in a construction dispute that began with the City facing millions of dollars in potential liability. Through strategic negotiation and litigation management, Doug helped reverse the outcome, resolving the matter with a $250,000 payment to the City.

City of San Carlos – City of San Carlos v. Rajappan & Meyer. Represented the City in professional negligence litigation against a design firm. Through early arbitration and mediation, the matter settled at the full $2 million insurance policy limits, without discovery or depositions and without erosion from attorneys’ fees.

Warehouse Defect & Fraud Recovery – National Industrial Developer. Represented the real estate investment arm of a national insurance company pursuing defect claims on a one-million-square-foot Northern California warehouse. Doug’s architectural background located the key evidence of contractor fraud, a non-fire-rated roof assembly, driving a significant settlement for the owner.

Affordable Housing Developer – 171-Unit Defect Litigation. Lead counsel for a Bay Area affordable housing developer facing multimillion-dollar damages for defective construction at a 171-unit complex. After litigation involving 13 parties, more than 40 depositions, and ten days of expert depositions, the case settled favorably, recovering repair costs, investigation costs, and a significant portion of attorneys’ fees.

Santa Clara Valley Water District – Rinconada Water Treatment Plant. Part of the team serving as lead counsel for the District in Disputes Review Board litigation over the plant’s design and construction, where roughly 1,000 days of claimed owner-caused delay were denied in full across four time-impact-analysis claims.

City College of San Francisco – Child Development Center. Part of the team representing the College in affirmative claims for construction defects that rendered the new Child Development Center a total loss. The team recovered $4.8 million, 98% of the demand, through settlement at a judicial settlement conference after expert discovery.

City of Newark – Civic Center & Police Facility Design-Build. Drafted the RFP and complete Division 00 and 01 specifications and assisted in design-builder selection and contract negotiation on the first project of its kind under the then-new local agency design-build statutes. The project finished on time and within budget, with no significant claims.

Novato Sanitary District – Energy Recovery & Efficiency Project. Primarily responsible for the Public Contract Code section 22170 progressive design-build procurement and the Division 00 and 01 contract documents for the District’s estimated $20 million project, including the guaranteed-maximum-price development process, with design and construction expected to begin in 2026.

County of Riverside – Children & Youth Wellness Center. Primarily responsible for the Public Contract Code section 22185 progressive design-build procurement documents, with continuing advice as the project moves through early design.

Bay Area Hospital District – OSHPD Seismic Program. Developed CM-at-risk, design-build, and design services agreements for a systemwide construction program rehabilitating vulnerable OSHPD facilities ahead of state-mandated seismic deadlines.