JACK W. FLEMING
Jack W. Fleming is a partner in the Orange County office of Musick, Peeler & Garrett LLP, where he serves as Chairman of the firm’s construction law practice. He specializes in construction and real estate litigation.
Throughout the past 30 years, Mr. Fleming has handled numerous claims involving commercial, residential and public works construction projects. He has presented and defended cases involving issues related to construction defects, soil subsidence, extra work directives, design defects, delays, acceleration and default terminations. He has been personally involved in a wide variety of construction projects, including bridges and highways, university, school and government buildings, subway and light rail construction, power plants, hospitals, prisons, convention centers, airports, parking structures, hotels and office buildings.
Mr. Fleming has been lead counsel on a number of high profile construction cases involving public works projects. He recently concluded a matter for the Port of Los Angeles which resulted in a victory for his client. In this case, which involved more than $40,000,000 of contractor claims for extras and differing site conditions, the Port filed a cross-complaint alleging causes of action involving False Claims Act violations, among others. After successfully litigating the issues raised in the cross-complaint before the Court of Appeal, resulting in a published decision entitled Kajima Engineering and Construction, Inc. v. City of Los Angeles, 95 Cal.App.4th 921 (2002), the contractor decided to abandon virtually all of its claims.
Mr. Fleming also served as lead counsel in a complex case concerning the construction of the John Wayne Airport in Orange County. In this matter, the contractor asserted more than $30,000,000 of claims for extra work, design defects, delays and acceleration involving the construction of a new terminal building, an elevated roadway and an adjacent parking structure. Mr. Fleming represented the contractor in this case, and was able to successfully resolve the dispute through the mediation process.
Mr. Fleming has obtained favorable results for his clients in numerous other cases. In one matter which resulted in a reported Court of Appeal decision entitled Pacific Custom Pools, Inc. v. Turner Construction Co. and Universal City Studios, Inc., 79 Cal.App. 4th 1254 (2000), the Court dismissed a $2,000,000 claim brought by a subcontractor against a theme park owner, Universal Studios, and the general contractor due to a suspension in the contractor's license. In a similar case, the California Supreme Court dismissed a subcontractor’s claim valued at more than $l,000,000 due to the contractor’s failure to obtain a license prior to the start of the project. MW Erectors, Inc. v. Niederhauser Ornamental and Metal Works Co., Inc., 36 Cal.4th 412 (2005). This case has been widely publicized, and is cited as the definitive authority concerning the enforcement of the recently modified contractor licensing statute.
Mr. Fleming has had significant experience as a mediator of construction disputes. His background in engineering provides an added dimension, which enables him to provide incisive advice and input in the dispute resolution process. Mr. Fleming is also a member of the National Panel of Construction Arbitrators for the American Arbitration Association.
Mr. Fleming is currently serving on the Construction Board for the Diocese of Orange overseeing more than $100 million of construction work. Mr. Fleming is a member and past chairman of the Associated General Contractors Legal Advisory Committee. He is admitted before all state and federal courts throughout the State of California.
Mr. Fleming's publications include: "A Red Alert for Contractors: The Importance of Maintaining a Valid Contractor's License At All Times," California Construction Law Reporter (April 2006); "Total Cost Claims and the False Claims Act," CMAA Legal & Legislative E-News (Spring 2004); "The Coming of Age of the False Claims Act," CM Advisor, (March/April 2002); "Cardinal Changes," Construction Change Order Claims (1994); "Bid Protests on Public Works Projects in California" and "Coping with the New AIA 201: A Challenge for Contractors," Construction Law Manual, Volume III, AGC of California (1990); "Recent Developments Concerning the Liability of Architects and Engineers," Construction Law Manual, Volume II, AGC of California (1986); "Bid Protest Suits in Federal Courts," The Government Contractor Briefing Papers, No. 83-4 (April 1983); "A Practical Guide to the Estimation of Damages in Complex Litigation," Computer/Science Journal, Volume II, 1981; and "Calculating Damages in Complex Litigation," Legal Times of Washington, November 1979.
Mr. Fleming is a member of the Tau Beta Pi Honorary Engineering Fraternity.