333 West Santa Clara Street, Suite 910, San Jose, CA 95113
408-280-2160

Elliott & Elliott’s construction litigation practice focuses on representing commercial, multi-family residential, townhome, condominiums, and custom single-family home property owners and Home Owners Association managed properties in defect, delay, and insurance-related disputes.  Our broad civil litigation experience also allows us to handle a variety of other civil matters, from partnership conflicts and business torts to bad faith insurance denial.

CONSTRUCTION
DEFECTS

Elliott & Elliott Practice Areas
  • Water intrusion
  • Structural defects
  • Soil subsidence
  • Interior vapor drive and condensation
  • Construction material product defects
  • Owner-Controlled Insurance Program (OCIP) litigation

INSURANCE COVERAGE
AND BAD FAITH

  • Improper denial of policy benefits
  • Improper claims handling
  • Primary and excess commercial general liability policies
  • Warehouse & logistics polices
  • Carrier for hire – cargo policies
  • Life insurance policies

ARCHITECTURAL & ENGINEERING
ERRORS AND OMISSIONS

  • Design errors
  • Construction administration errors
  • Misrepresentation/improper billing practices

BUSINESS TORTS &
FRAUD/MISREPRESENTATION

Elliott & Elliott Working
  • Breach of fiduciary duty
  • Breach of the covenant of good faith and fair dealing
  • Intentional/negligent interferences with economic relations
  • Unfair competition
  • Commercial lease disputes
  • Partnership disputes
  • Fraud

CONSTRUCTION DELAY
CLAIMS

Construction Delay Claims
  • Contractor delay
  • Architect / engineer delay
  • Liquidated damages

BREACH OF
CONTRACT

Breach of Contract
  • Real estate purchase agreement
  • Joint venture agreements
  • Construction contracts
  • Sales and purchase agreements