Overview

Nicholas Fortino counsels clients on construction matters across the full lifecycle of disputes and transactions, representing owners, developers and contractors on complex public and private projects. Nicholas focuses on litigation concerning distressed projects, including large-scale infrastructure, commercial and high-end residential developments, while also advising on risk mitigation, compliance and pre-litigation strategy. He has extensive experience managing all phases of litigation including pre-litigation investigations, pleadings, discovery, dispositive motions and mediation. Nicholas provides construction claims counsel to a wide range of clients, including public agencies, non-profits and private commercial entities.

Experience

Experience

Secured a multi-million-dollar settlement for a software company whose custom office park buildout was fraught with electrical and mechanical defects.

Regularly represents myriad owners, developers, and contractors across industries in breach of contract and construction defect actions, both commercial and large-scale residential.

Successfully obtained summary judgment in favor of multiple developers and contractors defending against various multi-million-dollar general liability claims, including defending one such ruling on appeal.

Represented large developers on standard and mixed-use residential developments across California in post-construction litigation.

Counseled private owners and public entities on prevailing wage compliance triggered by the use of public funds, lease requirements, dedication of land to the public and/or other situations triggering compliance for a non-public owner, including counseling on required language for project documents, DIR compliance, Certified Payroll Records requirements and negotiating with contractors unsophisticated with prevailing wage requirements.

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Organizations

Community & Professional

Orange County Bar Association, Member

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