Biography

Jonathan T. Rodriguez specializes in complex construction claims and dispute resolution, including payment and performance disputes, impact and extra work claims, and lien and bond claims. He also drafts and negotiates contracts and other construction documentation to ensure proper risk and benefit allocation. He has successfully represented his clients during all phases of a construction project and in all forums, including mediation, arbitration and trial.

Mr. Rodriguez also counsels clients with respect to compliance with the federal American with Disabilities Act and related California legislation related to disability access and defends ADA and California Title 24 access claims in federal court.

Mr. Rodriguez is also one of only a few California lawyers who has achieved the Leadership in Energy and Environmental Design Accredited Professional (LEED AP) status, conferred by the United States Green Building Council. He counsels clients on LEED and other Green Building rating programs with respect to contract documents and the certification process.

Affiliations, Activities and Accomplishments

Mr. Rodriguez is a member of the American Bar Association, Forum on the Construction Industry and Public Contract Law Section and the San Francisco Bar Association, Litigation Section. He is also a member of the Associated General Contractors of America, Consensus Documents Committee, the U.S. Green Building Council, Northern California Chapter, and the San Francisco Planning and Urban Research Association, Sustainable Development Committee.

Publications & Presentations

• Author, “Managing the Challenges of Climate Change Regulation for the Built Environment,” Inside the Minds: The Legal Impact of Climate Change, Aspatore Books, Thompson Reuters Publishing (March 2010).
• Author, “Appealing A LEED Certification,” Modern Contractor Solutions (February 2009).
• Author, “Green Building – California and the Bay Area’s Leadership Role,” Building the Bay (February 2009).
• Speaker, “The Role of The Construction Claim Consultant and Expert,” KPMG Annual Retreat (April 2008).
• Speaker, “Risk and Opportunities of Building Green,” Green California Summit and Exposition (April 2008).
• Speaker, “10 Reasons Why Contractors Fail – Contractors’ Ten Mistakes and How to Avoid Them,” Third and Fourth Annual Pacific Safety Expo, Construction Industry Training and Trade Show (March 2007, 2008).
• Author, “Getting Another Bite at the Apple,” California Real Estate Journal (June 2008).
• Author, “Contractors’ Top Ten Mistakes and How to Avoid Them,” California Real Estate Journal  (October 2007).
• Speaker, “Allocating Construction Project Risks, The Use of Insurance and Bonds on Construction Projects,” client group meeting.

Representative Matters

• Represented oil refinery against multi-million dollar extra work claims by prime contractor.
• Represented national specialty engineering design firm against multi-million extra work, delay, efficiency and lost-opportunity claims by the owner and contractors for 260,000 sq. ft. laboratory.
• Represented general contractor and prosecuted affirmative payment claims against owner for large condominium project.
• Represented national design firm in preparation of construction contracts and documents for national retailer.
• Represented developer in preparation of design and construction contracts for LEED commercial building.
• Represented general contractor in preparation of construction contract documents for large commercial renovation of a 22-story downtown San Francisco office building.
• Represented national manufacturer in successful bid protest for a large public project.
• Represented national manufacturer in class action litigation and defeated class certification.
• Prepared construction contract documents for oil and gas pipeline construction.
• Represented owner in Americans with Disabilities litigation involving large high-rise apartment and condominium building.
• Represented international equipment manufacturer in local government matters and commission hearings related to building code and American with Disabilities Act issues.