Jill N. Jaffe

Jill Jaffe leads Nossaman’s Construction Claims team. Jill focuses on disputes involving construction claims, public procurements and infrastructure projects. She is experienced in all phases of litigation in both federal and state courts, including pre-litigation government investigations, pleadings, e-Discovery, dispositive motions, mediation and trial. Jill has successfully obtained verdicts for her clients as a lead trial attorney, including for the Texas Department of Transportation.

Jill has particular experience counseling clients on myriad aspects of public contracting, contract administration and procurement disputes, including defending bid protest challenges and litigating construction claims. Her construction claims experience includes representing clients before dispute review panels and boards in multiple states and in high-stakes disputes on numerous issues that arise in the context of a complex infrastructure project, including utility adjustments and relocations, right-of-way acquisition, environmental permitting, differing site conditions, design modifications, force majeure events and delay and disruption claims.

Jill provides construction claims counsel to a wide range of public agencies, including the San Francisco County Transportation Authority (SFCTA), the Los Angeles World Airports (LAWA), the City of San Diego, the City of Modesto, the Los Angeles Department of Water and Power (LADWP), LA Metro, the Transportation Corridor Agencies, the Los Angeles County Sanitation Districts (LACSD), the California High-Speed Rail Authority (CHSRA), the Metro Gold Line Foothill Extension Construction Authority (Gold Line), the East County Advanced Water Purification Joint Powers Authority (ECAWP JPA), Stanislaus County, the City of Modesto, the Nevada Department of Transportation (NDOT), the Indiana Department of Transportation (InDOT), the Texas Department of Transportation (TxDOT) and the Arizona Department of Transportation (ADOT).

Jill is a contributing author for Construction & Claims, Nossaman's periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes.

Experience

CONSTRUCTION CLAIMS & LITIGATION

Los Angeles County Sanitation Districts – Dispute with OHLA re Valencia Water Reclamation Plant Advanced Water Treatment Facility. Currently representing client in dispute with contractor (OHLA) related to completion of construction of Valencia Water Reclamation Advanced Water Treatment Facility, including numerous pieces of stop notice litigation.

Texas Department of Transportation – U.S. 181 Harbor Bridge Replacement. Member of the legal team advising on replacement of the nearly 60-year-old Harbor Bridge spanning the Corpus Christi shipping channel with a new structure that will be the longest cable-stayed bridge in North America. Jill’s services include contract administration and advice and counseling in connection with an arbitration hearing.

Texas Department of Transportation – Grand Parkway, Segments H, I-1 and I-2. Member of the legal team that advises on a contractor dispute on the $1 billion, 52-mile portion of the Grand Parkway (SH 99). Jill’s focus was assisting with contract administration and claims management in connection with a Dispute Board process – the first of its kind in the State of Texas. The Disputes Board issued a full defense verdict in favor of TxDOT.

Arizona Department of Transportation – South Mountain Freeway. Member of the legal team advising on a dispute pertaining to the first P3 project in Arizona – the Loop 202 South Mountain Freeway Project. The dispute centered on purported cost overruns associated with utility relocations necessitated by the Project. Our services included advising on determination of risk allocations with respect to the cost of utility relocation costs, advising on the viability of loss of productivity and delay claims, and representing the client in mediation. The dispute settled without the need for litigation.

Transportation Corridor Agencies – Oso Bridge Project. Team lead representing TCA in complex construction claims cases involving disputes regarding the scope of the highway construction work, obligations to implement requirements of environmental approvals and other issues. The dispute resolved favorably for TCA.

Custom House v. City of Monterey. Represented client in dispute stemming from damage to hotel due to City’s construction activities, and potential impacts to hotel’s property rights due to City’s activities. The dispute resolved in successful settlement between the parties.

Federal Deposit Insurance Corporation. Represented the FDIC in a variety of commercial litigation matters resulting from the negligent approval of ADC loans. Assisted in investigations of professional liability claims against officers and directors and outside professionals.

Telecommunications Company. Represented tenant in dispute related to impact of tenant’s equipment on roof of building. Dispute resolved in successful settlement between the parties.

West Coast v. SANDAG et al. Represented SANDAG in bid protest proceeding. The court denied the protester’s request for a preliminary injunction to halt SANDAG’s award of the contract, and the case resolved favorably and quickly for SANDAG. As a result, SANDAG was able to move forward with awarding the contract within the time frame set forth in the bid documents.

Indiana Department of Transportation. Advised INDOT in the context of a mediation regarding a claim on INDOT’s reconstruction of the Shermon Milton Bridge.

COUNSELING

City of San Diego – Pure Water Program. Serves as team lead providing contract administration and construction claim counseling to the City in connection with the $1.1 billion Pure Water Program. The Pure Water Program consists of 11 construction contracts and is the first of its kind in the state of California. As such, this innovative Program and its projects face novel challenges. Nossaman provides advice to the City in connection with the construction contracts and the associated design contracts on issues pertaining to differing site conditions, geotechnical issues, electrical engineering issues, change order requests, claims for time-related overhead and claims for disruption damages.

Los Angeles County Sanitation Districts. Provides advice and counseling to the Districts on all aspects of their construction program, including construction claims advice on nearly $1 billion in projects. Advice and counseling includes pre-litigation strategy to mitigate claims pertaining to differing site conditions, subcontractors/vendors and facility commissioning.

California High-Speed Rail Authority. Serves as team lead providing contract administration and construction claim counseling to the Construction Package (CP) 4 project team. In this capacity, Jill provides advice and counseling regarding disputes regarding utility relocations, delay and disruption claims. 

San Francisco County Transportation Authority. Serves as general counsel to SFCTA. Provides advice on Brown Act and administrative code matters at public agency and committee meetings. Negotiates construction services contracts on behalf of SFCTA with construction firms, design firms and technical consultants. Provides pre-litigation counseling regarding bid protests, potential contract award disputes and stop notices.

San Francisco Bay Area Water Emergency Transportation Authority (WETA). Member of the Nossaman team that served as general counsel to WETA. Provided advice on Brown Act matters at public agency meetings. Provided pre-litigation counseling regarding bid protests and contract disputes.

Port of Long Beach. Member of team that assisted the Port with pre-litigation issues related to the Long Beach International Gateway Bridge replacement project and various anticipated construction claims. Provided advice on California Public Records Act issues and pre-litigation counseling regarding potential construction disputes.

Publications

Blog Posts

Speaking Engagements

News

Community & Professional

Urban Land Institute (ULI), NEXT

Berkeley Real Estate Alumni Association, Member

Transportation Research Board (TRB), Member

Honors & Recognitions

Selected to the Northern California Rising Stars list, 2020-2021