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Timothy A. Colvig

Principal

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

Biography

Timothy A. Colvig, a principal with the Firm, is recognized as an expert in the fields of insurance, environmental, and construction law. He has over 25 years of legal experience litigating and resolving disputes in a broad range of disciplines, including real estate, landlord-tenant, business transactions, corporate, and employment law matters.

Education

  • B.S., University of California, Davis (high honors and departmental citation), 1979.
  • J.D., Boalt Hall School of Law, University of California, 1984

Affiliations

  • Forum Committee on the Construction Industry, American Bar Association
  • Natural Resources & Environment Section, American Bar Association
  • Tort and Insurance Practice Section, American Bar Association
  • Section of Litigation, American Bar Association
  • Committee on Insurance Coverage Litigation, American Bar Association
  • Environmental Law Section, State Bar of CaliforniaLitigation Section, State Bar of California

Professional Experience

Insurance

  • Environmental Impairment Liability Insurer
    Represented major insurance company in numerous complex environmental insurance coverage actions involving Fortune 500 policyholders and scores of insurers, with potential exposure to the client of well over $250 million. The coverage actions involved notorious contaminated sites, including Times Beach Missouri and Stringfellow Acid Pits, and the interplay between the client's environmental impairment liability policies and general liability policies issued by other carriers.
  • Bay Area School District and Nevada School District
    Represented school districts in claims against first party property carriers involving catastrophic losses arising out of water, smoke, mold and asbestos damages at three different schools
  • Major Insurance Company
    Assisted company in drafting several form endorsements, one to provide limited coverage for subsidence damages, one to provide limited coverage for continuing damage, and one to exclude coverage for Exterior Insulation and Finish System (EIFS)-related claims.
  • Port District
    Represented the port district in connection with interplay between its owner controlled insurance program and proper form of construction documents for multibillion dollar capital improvement project involving airport and port facilities.

Construction

  • Highrise Building Owner
    Represented owner of high-rise building in action against contractor and architect arising out of defective curtain wall. Settled action against contractor, then tried action against architect. Received $8 million jury verdict against architect, after which matter was settled on confidential terms.
  • Construction Subcontractor
    Represented subcontractor against prime contractor in mistaken bid action involving government contract. Tried case in Superior Court to verdict in favor of client.
  • Various Clients
    Represented private owners, public owners, contractors, subcontractors and design professionals in a myriad of construction disputes in all courts, in arbitration and in mediation regarding high-rise buildings, sewage treatment plants, schools, public housing, condominiums, hospitals, subdivisions, and roadways, to name a few.

Environmental

  • Multinational Holding Company
    Steering committee chairperson of potentially responsible party group responding to California Department of Toxic Substances Control consent order with PRP Group. Matter involves contaminated site on which School District constructed a $54 million middle school. Represented client in federal court litigation with other parties involved at the site and nearby sites. Negotiated interim resolution during mediation, and negotiated terms of consent order with the DTSC.
  • Large Corporation
    Represent company in connection with six-acre industrial property and adjoining lands in Oakland, California, that have been occupied by numerous heavy industrial companies since the 1860's. Represented the company in a multi-party federal court action to allocate liability among potentially responsible parties. Currently represent company in connection with regional water quality control board proceedings.
  • Large Corporation
    Represent client in regional water quality control board matter involving a mine site discharging acid mine drainage. Interface with environmental engineering firm involved in investigating and remediating the site. Previously represented client in defending a citizen's suit brought by a public interest group for alleged Clean Water Act violations at the mine site.
  • Bay Area School District
    Represented school district which was ordered by a regional water quality control board to investigate and clean up soil and groundwater contamination under adult education center. Successfully persuaded the board to name district secondarily liable party.
  • Bay Area School District
    Represented school district in connection with acquisition of contaminated property for use as school bus facility. Provided advice re potential liabilities, indemnity, transactional, due diligence and brownfields issues.

Speaking Engagements and Publications

Employment

  • Various Clients
    Represented several clients in employment-related matters, including internal investigations, California Department of Fair Employment and Housing investigations, and state court actions involving alleged sexual harassment, racial harassment, racial discrimination, wrongful termination, false imprisonment, battery, disputes with union, minority contracting requirements, and wage and hour issues.

Lecturer

  • “Insurance and Bonding Issues”, PSE Construction Law Seminar, Orlando, FL, February 1991.
  • “Coverage For Environmental Claims Under the Personal Injury Endorsement”, Executive Enterprises Seminar on Insurance Coverage for Environmental Claim, San Francisco, CA, 1993.
  • "Who Pays for Defective Design?", The Construction Superconference, San Francisco, CA, December 8, 1995 (Panel Speaker).
  • "Insurance Claims, CLE International Construction Law Conference", Las Vegas, NV, December 5, 1997.
  • "Catastrophic Claims Handling: Reducing Litigation Costs and Influencing the Outcome of Large Liability Claims", Business Strategy Network Conference on Claims. Management, Litigation Cost Control & Information Technology Congress for the P/C & Reinsurance Industries, New York, NY, December 3, 1997.
  • "Show Me the Money! Pursuing Insurance Coverage in What Appear to be Contract Disputes", The Construction Superconference, San Francisco, CA, December 12, 1997(Panel Speaker).
  • "Catastrophic Claims Handling: Reducing Litigation Costs and Influencing the Outcome of Large Liability Claims", IBC Group Conference on Claims Management & Litigation Cost Control, New York, NY, July 24, 1998.
  • "Construction Defects Litigation: Insurance and Coverage Issues", CLE International Construction Law and Litigation Conference, Denver, CO, September 25, 1998.
  • "Handling Construction Insurance and Indemnity Claims in Construction
  • Defect Litigation", CLE International Construction Law and Litigation  Conference, Denver, CO, September 16, 1999.
  • "Is Your Expert "Expert" Enough? Getting Past the Judicial Gatekeeper (or Closing the Gate) after Daubert, Joiner and Kumho", CLE International Construction Law and Litigation Conference, Las Vegas, NV, October 15, 1999. 
  • "California County Counsels Association, Public Works Section”

Author, Co-Author, or Contributing Author

  • "The 1986 Commercial General Liability Program", in Construction Contracts and Litigation 1987, Practising Law Institute, 1987 
  • What Every Owner/Contractor Should Know About Hazardous Waste and Toxic Torts", in Construction Contracts and Litigation 1989, Practising Law Institute, 1989
  • "Subcontracting and Insurance: Protection and Sources of Recovery", in Construction Subcontracting: A Legal Guide for Industry Professionals, John Wiley & Sons, Inc., 1991
  • "Insurance Coverage and Availability", in 1992 Wiley Construction Law Update, John Wiley & Sons, Inc., 1992
  • "Emerging Insurance Coverages for the Construction Industry", in 1996 Wiley Construction Law Update, John Wiley & Sons, Inc., 1996
  • "The Liability Gap Between Owner and Architect", in 1997 Wiley Construction Law Update, John Wiley & Sons, Inc., 1997
  • "The Liability Gap: Owner Liability for Defective Project Plans, Water Environment & Technology," January 1997.
  • "Expanding the Owner's Remedy for Property Damage", in 1998 Wiley Construction Law Update, John Wiley & Sons, Inc., 1998
  • "Evidence Issues: Getting Expert Opinions Past the Judicial Gatekeeper and Into Evidence", in Practical Environmental Forensics, Process and Case Histories, John Wiley and Sons, Inc., 2001.