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H. James Wulfsberg

Senior Principal

  • Telephone: (510) 835-9100
  • Facsimile: (510) 451-2170
  • Email: jwulfsberg [at] wulfslaw [dot] com

Biography

H. James Wulfsberg, the Firm's senior principal, is a nationally recognized expert in construction law. He has over 30 years' experience in all phases of the construction process, including design, bid build, design build, engineering procurement construction contracting, construction management, and public works projects. He has assisted EPC contractors, project owners, contractors, architects and engineers, construction managers and developers in finding procurement and evaluation methodologies, developing procurement documents, negotiating and drafting contracts, negotiating and administering contract claims, and developing claims avoidance and dispute resolution strategies and procedures.

Mr. Wulfsberg has represented clients in mediation, arbitration, and litigation. He has represented EPC contractors, public and private owners, architects and engineers, in variety of major private, public works, and power process projects throughout the United States, Latin America, Europe and the Middle East.

Education

  • B.A., magna cum laude, University of Southern California (1966)
  • J.D., Boalt Hall School of Law, University of California (1969)

Affiliations

  • Fellow, American College of Construction Lawyers
  • Member, ABA Forum Committee on the Construction Industry
  • Member, ABA Construction Litigation Committee
  • Member, ABA Section of Public Contract & Insurance Practice
  • Member, ABA Fidelity and Surety Law Committee
  • Member, Alameda County Bar Association
  • Member, San Francisco City and County Bar Association
  • Member, International Bar Association
  • Certified Arbitrator, California State Construction Contract Arbitration Committee

Professional Recognition

  • Selected to The Legal 500
  • Selected to The International Who’s Who of Construction Lawyers, 2008
  • Selected to The International Who’s Who of Business Lawyers, 2009
  • Listed in Northern California Super Lawyers®, editions 2005, 2006, 2007, 2008, 2009
  • Listed in Corporate Counsel Super Lawyers®, edition 2009

Professional Experience

  • Combined Cycle Power, Co-Generation Power and Petro-Chemical Facilities
    Represented major EPC Contractors in disputes involving several Combined cycle, Co-Generation Gas Fired and Oil Fired Power Facilities throughout the United States, Latin America and the Middle East. These disputes involved design, procurement, construction and start up of facilities and included evaluation of delay, disruption and performance issues. Additionally, represented Major EPC Contractors in disputes involving petro-chemical plants in the United States and Latin America. These disputes involved delayed performance, design, procurement and operating performance issues including distributed controls and process flow requirements.
  • Low Sulfur Diesel Refinery
    Successfully represented a major EPC Contractor in disputes arising out of the design and construction of a low-sulfur diesel refinery in the Southwest.  Assisted in securing negotiated settlement of multi-million dollar changes to contract price.
  • Port Authority
    Assisted a major Port Authority in a billion dollar plus expansion of major port authority facilities involving planning, contracting strategies, contract documentation and owner controlled insurance programs
  • Combined Cycle Co-Generation Power Facility
    Represented a major EPC Contractor in disputes involving in excess of $500 million arising out of the design, construction and commissioning of a major EPC combined cycle co-generation power facility in the mid-west.  Successfully defended claims in arbitration to final award in excess of $450 million against the EPC Contractor.
  • Latin American Natural Gas Liquids
    Successfully represented a major EPC Contractor in connection with an off-shore platform natural gas liquids facility in Latin America.  Defeated claims in excess of $70 million while obtaining a multi-million dollar ICC award against a major petroleum producer in Latin America.
  • European Wastewater Facility
    Coordinated claims and defenses in connection with one of the largest design build Wastewater facilities in Europe resulting in approved multi-million dollar claims and recoveries against responsible parties of multimillion dollar settlements.
  • Mexican LNG Facility
    Represented major EPC venture in disputes arising from the design, construction and commissioning of an LNG Facility in Mexico.  Successfully defended claims in excess of $70 million resulting in settlements below recognized change order entitlement values.
  • Middle East Power Facility
  • Represented a major EPC Contractor in disputes arising out of a combined cycle power facility in the Middle East.  Successfully arbitrated disputes in international arbitration for a multi-million dollar award.
  • Airports Commission
    $2.4 billion airport expansion, including new international terminal, boarding areas, parking and rental car facilities, inbound and outbound roads, light rail facilities, and public transit extension. Provided design and construction-related legal services for ten major design contracts and 50 major construction contracts.
  • Waste-to-Energy Projects
    Represented major EPC contractor in complex design and construction litigation in connection with several waste-to-energy projects.
  • Local Sports Complex
    Represented local joint powers authority in connection with $100 million renovations project for two major sports facilities. Oversaw contract drafting, bidding, award, administration, claims resolution, claims analysis, and dispute resolution.
  • Local School Districts
    Assisted with multi-million dollar school renovation and construction programs for large, local school districts.  Acted as lead counsel, drafting and negotiating design and construction contracts, and advising districts on bidding issues, CEQA compliance, and claims resolution and avoidance strategies.
  • Owner-Developers High-Rise Office Buildings
    Represented private office building owner-developers in several curtain wall and other design and deficiency cases that resulted multi- million-plus in settlements, arbitration, and jury awards against contractors and designers.
  • Local County
    $170 million design and construction of a maximum-security detention facility. Drafted and negotiated contracts, and resolved bid protests and design and construction claims involving in excess of $66 million via pre-litigation negotiations and mediation in the initial phases of discovery. Obtained multi-million dollar settlement for owner of a series of design-related issues.
  • International Engineering Procurement Contractor
    Represented a construction manager in connection with a $250 million convention center facility in defense of over $150 million in claims. Secured dismissal and a favorable judgment on over $100 million of the claims; asserted and successfully litigated contractual indemnity issues and defense obligations on the remaining $50 million.

Insurance Coverage

  • Owners, Design Professionals, Construction Managers
  • Represented clients in connection with major wastewater collection and treatment plants, disposal systems, coal-fired power plants, bio-mass fueled co-generation plants, roadway projects, earthen dam reservoirs, numerous public housing projects, public administration and courts buildings, theatres, and other large public and private works.
  • Insurers and Insureds
    Represented insurers and insureds in numerous insurance coverage disputes from design professional insurance policies, environmental insurance policies, to CGL, marine, builders risk and all-risk insurance policies. Defended numerous major environmental claims throughout the United States.

Speaking Engagements and Publications

Lecturer

  • American Bar Association
  • Construction Litigation Super Conference
  • New York University Continuing Education Program on Real Property
  • United States Department of Housing and Urban Development
  • Lorman Educational Services, Construction Contracting for Public Entities
  • California County Counsels Association, Public Works Section
  • Frequent lecturer and in-house seminar provider for major construction industry organizations

Co-Author

  • The Deskbook of Construction Contract Law, Prentice-Hall, Inc.
  • Avoiding Liability in Architecture, Design and Construction, Wiley-Interscience
  • Alternate Dispute Resolution in the Construction Industry, John Wiley & Sons
  • The Wiley Guide to Handling Construction Disputes through Arbitration, Mediation and Mini Trials, John Wiley &Sons
  • "Key to Avoiding Litigation is Performing Defensively," Architectural Record (1979)

Author

  • "Prepared Defense of Delay Claims," Architectural Record (1980)
  • "Construction Contracts and Litigation 1987: The 1986 Commercial General Liability Insurance Program," Practicing Law Institute (1987)
  • "Managing Insurance Claims in a Claims-Made/Cost Inclusive World," Construction Litigation Superconference, San Francisco, 1990
  • "Construction and Design Agreements: Negotiation, Drafting & Litigation/Surety Claims Factual Summary," Prentice Hall Law & Business (1990)
  • "Strategy and Tactics In Environmental Insurance Litigation (From the Insurer's Perspective)," The Environmental Law Institute (1990)
  • "Advantages of Arbitrating Construction Disputes: Alternative Dispute Resolution in the Construction Industry," John Wiley & Sons, 1991

Contributing Author

  • "Design and Construction Contracts-New Forms-New Realities," American Bar Association, 1987
  • "Construction Contracts and Litigation 1990 - What Every Owner/Contractor Should Know About Hazardous Waste and Toxic Torts," Practicing Law Institute (1990)
  • 1992 Supplement to Construction Subcontracting: A Legal Guide for Industry Professionals, Chapter 7, Subcontracting and Insurance: Protection and Sources of Recovery, John Wiley & Sons, 1992.