Rosemary K. Nunn

Partner, Orange County Office

PROFESSIONAL SUMMARY

Rosemary Nunn is a partner in the Firm's Orange County office and has over twenty years of experience in the construction field, including:

  • Business litigation (mediation, arbitration, trial);
  • Contract drafting/negotiation (AIA, ConsensusDocs, IPD, public and private);
  • Change order disputes;
  • Construction defect (commercial and residential);
  • Public works projects;
  • Bid Protests;
  • Mechanics liens, stop notices, performance/payment bond claims, prompt payment laws;
  • Green building construction;
  • Delay claims (differing site conditions, inefficiency, acceleration, suspension, impact, ripple); 
  • Claims surrounding plans and specifications;
  • Construction site accidents and related personal injury claims;
  • Environmental/safety regulations and issues (OSHA, SWPPP, Silica, mold, asbestos, bio);
  • Geotechnical and ground stabilization claims;
  • Labor and Union issues;
  • Insurance, surety and indemnification;
  • Minority contracting issues;
  • Collections and payment issues.

Ms. Nunn has represented owners, developers, design professionals, contractors and subcontractors on numerous and varied public and private projects. She counsels clients through every aspect of a construction project, from contracting to litigation, including: early assessment and minimization of liability exposure and risk; cost-effective dispute resolution; project counseling to work through claims and disputed change order requests; negotiating payment on projects with distressed parties, funding or bankrupt entities; and robustly representing her clients through mediation, arbitration, or trial.

Construction projects at issue have included multiple-story parking structures; underground pipeline systems; luxury hotels; ground-up and renovation projects; refrigeration plants; power plants; airport construction; concrete demolition, cutting and pouring for a utility company; resort construction and upgrades; geothermal power energy plants; Army barracks and associated campus; light-rail projects; community colleges; landscaping on public works; a large grocery-store chain's warehouse and distribution center; LAUSD renovations; micro-tunneling under a large river bed; and residential developments (homes, condos and townhomes); and high-end luxury homes.

Representative Experience

  • Representation of the prime contractor and various subcontractors in a highly-successful eight-week trial involving disputes against a County owner, the project engineer and the structural engineer concerning defective concrete specifications for a four-story parking structure causing a nine-month project delay.
  • Representation of a contractor in dispute with the U.S. Government wherein the latter sought to void multiple contracts and recoup all monies paid to the contractor based on alleged bidding errors for construction of military bases.
  • Counseled hotel owner on construction contracts and issues arising from substantial remodel of luxury hotel.
  • Successful bid protest for contractor against a local community college school district.
  • Counseled an owner replacing contractor in default with new prime, associated indemnities, assignment and new contracts.
  • Counseled a contractor regarding internal employment issues, including procedure for layoffs and severence agreements under California law.
  • Assisted contractor in collecting payment from a project developer in a financial crisis.
  • Counseled a contractor taking over a large commercial project from a financially distressed predecessor who terminated mid-project.
  • Defense of myriad construction defect claims against developers, general contractors and subcontractors.
  • Defense of personal injury lawsuits arising from accidents at construction projects.

 

RECOGNITION

Super Lawyers Rising Stars in the fields of Construction and Business Litigation 2011 through 2012.

EVENTS

ADMISSIONS & PROFESSIONAL ASSOCIATIONS

  • State Bar of California
  • United States District Court for the Central District of California
  • Associated General Contractors, Board of Directors, Orange County District
  • Associated General Contractors, Legal Advisory Committee, Vice-Chair 2019, Chair for 2020
  • Orange County Bar Association