Eric J.
Firstman

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.

California Department of Water Resources – Dyer Reservoir. Defended $14 million in contractor claims for delay, differing site conditions, extended overhead, and lost productivity through State Contract Act arbitration, more than 30 depositions, 32 days of testimony, and appellate proceedings, culminating in a ruling denying the contractor’s substantial-compliance theories under California contractor licensing law.

Kaiser Hospitals – South Bay Medical Center Design-Build Default. Represented the hospital owner after default termination of the design-build contractor at roughly 30% completion of the $300 million project. Tried claims by and against the contractor to final judgment through more than 50 depositions and 20 days of testimony. The final award denied $130 million in contractor claims for lost profits and quantum meruit.

City of Santa Barbara – Estero Wastewater Treatment Plant. Represented the City against the design firm responsible for the plant’s replacement tertiary filtration system. A month-long, expert-driven jury trial produced a $2.25 million design negligence verdict, with total recovery by settlements exceeding $2.5 million.

City of Hayward – State Route 238 Reconstruction. Secured summary judgment on a contractor’s affirmative claims, more than $14 million in disputed changes, delays, and lost productivity on the $60 million highway contract, by enforcing the contract’s administrative dispute procedures. The owner retained the contract retention; the contractor recovered nothing on its claims.

City of Berkeley – Central Library Litigation. Resolved before a third trial with the contractor taking zero on affirmative claims exceeding $10 million and zero on more than $2 million in claimed retention, by enforcing the contract’s claim procedures. The matter produced two published opinions, Arntz Builders v. City of Berkeley (2008) 166 Cal.App.4th 276 and Westamerica Bank v. City of Berkeley (2011) 201 Cal.App.4th 598.

Los Angeles International Airport (LAX) – Litigation Counsel. Lead litigation counsel on matters including closeout of the CM-at-Risk Bradley West projects, settlement of $23 million in delay and differing-site-conditions claims on Taxilane S, Runway 25L concrete deterioration litigation, and prevailing wage enforcement disputes settled the first day of trial.

City of Monterey – Convention Center Renovation. Secured a full defense of contract delay and disruption claims exceeding $15 million on the City’s $60 million convention center renovation five days before the start of trial. The matter continues after reversal on appeal.

City College of San Francisco – Child Development Center & Chinatown Campus. Recovered $4.8 million, 98% of the demand, for construction defects that rendered the new Child Development Center a total loss, through settlement at a judicial settlement conference after expert discovery. Continues to represent the College in affirmative defect claims on the Chinatown campus.

Washington Hospital Healthcare System – Master Plan. Ongoing counsel on the three-phase master plan exceeding $500 million, now in design on Phase Three. Work spans advance contracting for base isolation, contract development, contractor and design professional procurement and replacement, contract administration, closeout, and dispute resolution.

County of San Mateo – Capital Improvement Program. Provided template general, design-build, and CM-at-risk contracts and advised on OSHPD renovation contracts, Labor Code compliance, and construction claims across the $631 million, five-year program covering hospital and jail facilities and a new county office building.

County of Santa Clara – Construction Contract Templates. Revised and revamped the County’s standard construction contracts, including new templates for design-bid-build, CM-at-risk, and design-build, after serving as litigation counsel on claims arising from the County’s design-build medical center program.

Kaiser Hospitals – Hospital Construction Program. Lead transactional counsel on 11 new hospital construction projects with a combined value exceeding $2 billion, using design-bid-build, CM-at-risk, design-build, and target-cost delivery. The group’s reusable contract manuals for Kaiser span 13 hospitals and remain in use.

Port of Oakland – Airport & Seaport Expansion. Lead transactional counsel on an expansion program exceeding $2 billion, including the $1.5 billion Vision 2000 airport program’s new concourse, gates, and baggage facilities, procured through a Master Builder approach with design-build contracts, followed by reusable design-build procurement templates.

San Francisco International Airport (SFO) – Terminal Expansion. Lead transactional counsel on the $2.4 billion expansion, delivered through more than 40 contracts, including the 2.5-million-square-foot international terminal, the design-build AirTrain system, two parking garages, and access improvements from Highway 101 and BART.