Construction Litigation


Tarkington, O’Neill, Barrack & Chong has been involved in the resolution of construction defect claims for over 30 years. The Firm has represented developers, general contractors, sub-contractors and materialmen in claims involving projects from high end single family dwellings to developments with several hundred units.  


Representative matters handled by the Firm include:

  • Defense of Developer against construction defects in Bay front multiunit, multi-family condominium - townhouse project

  • Defense of Builder against slope instability claims in development of hundreds of high value homes

  • Defense of General Contractor against multi-million dollar construction defect claims in high end Napa Valley single family dwelling

  • Defense of key subcontractor against $50 million damage claim arising out of alleged construction defects in high rise, luxury time-share development

  • Defense of breach of contract, delay claims arising from construction of key component of new school facilities

We have been deeply involved with the representation of our clients as the nature of the construction defect litigation has changed over the years; however, it has never altered our focus on delivering efficient practical legal services in coordination with our clients. The attorneys of the Firm have a reputation for representing their clients with tough integrity while keeping our client fully informed of potentially adverse issues affecting liability and economy of resolution.

Efficient, cost-effective and comprehensive handling and management of construction defect claims on behalf of developers and contractors requires more than routine litigation skills. Today’s complex relationships between and among developers, contractors, subcontractors and their insurance carriers often calls for a thorough knowledge and familiarity with the intricacies of insurance law in addition to design and construction. The Firm has achieved outstanding results for our clients and principals by utilizing diligent and forceful strategies and tactics to promote and pursue our client’s goals.


A more detailed listing of the Firm’s Construction Defect cases is available Here.

A Short list of California Performance Standards for construction defects is available here.

a Syllabus from the firm’s Construction Defect Litigation Seminar is available here.

A presentation from the firm’s Construction Defect Litigation Seminar is available Here.