Profile
Attorney H. James Wulfsberg is the senior principal of the Oakland, California, firm Wulfsberg Reese Colvig & Firstman Professional Corporation. A nationally recognized expert in construction law, Mr. Wulfsberg has more than 30 years' experience in all phases of the construction process, including design, bid build, design build, engineering procurement, construction contracting, construction management and public works projects.
Mr. Wulfsberg has assisted EPC contractors, project owners, contractors, architects and engineers, construction managers and developers, and public and private owners. He has represented clients in mediation, arbitration and litigation. He has assisted in finding procurement and evaluation methodologies, developing procurement documents, negotiating and drafting contracts, negotiating and administering contract claims, and developing claims avoidance and dispute resolution strategies and procedures. Mr. Wulfsberg has represented clients in a variety of major private, public works and power process projects throughout the United States, Latin America, Europe and the Middle East.
About James Wulfsberg
Law School: University of California Berkeley School of Law - Boalt Hall
Admitted: 1970, California
Professional Webpage: www.wulfslaw.com/professionals/jwulfsberg
Honors and Awards:
- Fellow, American College of Construction Lawyers
- The International Who’s Who of Business Lawyers, 2005 - 2010
- The International Who’s Who of Construction Lawyers, 2005 - 2010
- The Legal 500, 2007-2010
Bar/Professional Activity:
- Certified Arbitrator, California State Public Works Contract Arbitration (PWCA) Program
- Member, AAA's Construction Panel of Arbitrators
- Member, International Bar Association
- Member, San Francisco City and County Bar Association
- Member, Alameda County Bar Association
- Member, ABA Tort Trial and Insurance Practice Section
- Member, ABA Fidelity and Surety Law Committee
- Member, ABA Section of Public Contract Law
- Member, ABA Professional Liability Litigation
- Member, ABA Insurance Coverage Litigation
- Member, ABA Construction Litigation Committee
- Member, ABA Section of Dispute Resolution
- Member, ABA Forum Committee on the Construction Industry
Scholarly Lectures and Writings:
- Lecturer, California County Counsels Association, Public Works Section
- Lecturer, Lorman Educational Services, Construction Contracting for Public Entities
- Lecturer, New York University Continuing Education Program on Real Property
- Lecturer, United States Department of Housing and Urban Development
- Lecturer, Construction Litigation Super Conference
- Lecturer, American Bar Association
- Frequent Lecturer and in-house seminar provider for major construction industry organizations
- Co-Author, The Wiley Guide to Handling Construction Disputes through Arbitration, Mediation and Mini Trials, John Wiley & Sons
- Co-Author, Alternate Dispute Resolution in the Construction Industry, John Wiley & Sons
- Co-Author, Avoiding Liability in Architecture, Design and Construction, Wiley-Interscience
- Co-Author, The Deskbook of Construction Contract Law, Prentice-Hall, Inc.
- Co-Author, "Key to Avoiding Litigation is Performing Defensively," Architectural Record, 1979
- Author, "Prepared Defense of Delay Claims," Architectural Record, 1980
- Contributing Author, "Design and Construction Contracts-New Forms-New Realities," American Bar Association, 1987
- Author, "Construction Contracts and Litigation 1987: The 1986 Commercial General Liability Insurance Program," Practicing Law Institute, 1987
- Contributing Author, "Construction Contracts and Litigation, What Every Owner/Contractor Should Know About Hazardous Waste and Toxic Torts," Practicing Law Institute, 1990
- Author, "Strategy and Tactics In Environmental Insurance Litigation (From the Insurer's Perspective)," The Environmental Law Institute, 1990
- Author, "Construction and Design Agreements: Negotiation, Drafting & Litigation/Surety Claims Factual Summary," Prentice Hall Law & Business, 1990
- Author, "Managing Insurance Claims in a Claims-Made/Cost Inclusive World," Construction Litigation Superconference, San Francisco, 1990
- Author, "Advantages of Arbitrating Construction Disputes: Alternative Dispute Resolution in the Construction Industry," John Wiley & Sons, 1991
- Contributing Author, Supplement to Construction Subcontracting: A Legal Guide for Industry Professionals, Chapter 7, Subcontracting and Insurance: Protection and Sources of Recovery, John Wiley & Sons, 1992
Verdicts and Settlements:
- International Engineering Procurement ContractorRepresented a construction manager in connection with a $250 million convention center facility in defense of over $150 million in claims. Secured dismissal and a favorable judgment on over $100 million of the claims; asserted and successfully litigated contractual indemnity issues and defense obligations on the remaining $50 million.
- Local County$170 million design and construction of a maximum-security detention facility. Drafted and negotiated contracts, and resolved bid protests and design and construction claims involving in excess of $66 million via pre-litigation negotiations and mediation in the initial phases of discovery. Obtained multi-million dollar settlement for owner of a series of design-related issues.
- Owner-Developers High-Rise Office BuildingsRepresented private office building owner-developers in several curtain wall and other design and deficiency cases that resulted multi- million-plus in settlements, arbitration, and jury awards against contractors and designers.
- Local School DistrictsAssisted with multi-million dollar school renovation and construction programs for large, local school districts. Acted as lead counsel, drafting and negotiating design and construction contracts, and advising districts on bidding issues, CEQA compliance, and claims resolution and avoidance strategies.
- Local Sports ComplexRepresented local joint powers authority in connection with $100 million renovations project for two major sports facilities. Oversaw contract drafting, bidding, award, administration, claims resolution, claims analysis, and dispute resolution.
- Waste-to-Energy ProjectsRepresented major EPC contractor in complex design and construction litigation in connection with several waste-to-energy projects.
- Airports Commission$2.4 billion airport expansion, including new international terminal, boarding areas, parking and rental car facilities, inbound and outbound roads, light rail facilities, and public transit extension. Provided design and construction-related legal services for ten major design contracts and 50 major construction contracts.
- Middle East Power FacilityRepresented a major EPC Contractor in disputes arising out of a combined cycle power facility in the Middle East. Successfully arbitrated disputes in international arbitration for a multi-million dollar award.
- Mexican LNG FacilityRepresented major EPC venture in disputes arising from the design, construction and commissioning of an LNG Facility in Mexico. Successfully defended claims in excess of $70 million resulting in settlements below recognized change order entitlement values.
- European Wastewater FacilityCoordinated claims and defenses in connection with one of the largest design build Wastewater facilities in Europe resulting in approved multi-million dollar claims and recoveries against responsible parties of multimillion dollar settlements.
- Latin American Natural Gas LiquidsSuccessfully represented a major EPC Contractor in connection with an off-shore platform natural gas liquids facility in Latin America. Defeated claims in excess of $70 million while obtaining a multi-million dollar ICC award against a major petroleum producer in Latin America.
- Combined Cycle Co-Generation Power FacilityRepresented a major EPC Contractor in disputes involving in excess of $500 million arising out of the design, construction and commissioning of a major EPC combined cycle co-generation power facility in the mid-west. Successfully defended claims in arbitration to final award in excess of $450 million against the EPC Contractor.
- Port AuthorityAssisted a major Port Authority in a billion dollar plus expansion of major port authority facilities involving planning, contracting strategies, contract documentation and owner controlled insurance programs
- Low Sulfur Diesel RefinerySuccessfully represented a major EPC Contractor in disputes arising out of the design and construction of a low-sulfur diesel refinery in the Southwest. Assisted in securing negotiated settlement of multi-million dollar changes to contract price
- Combined Cycle Power, Co-Generation Power and Petro-Chemical FacilitiesRepresented major EPC Contractors in disputes involving several Combined cycle, Co-Generation Gas Fired and Oil Fired Power Facilities throughout the United States, Latin America and the Middle East. These disputes involved design, procurement, construction and start up of facilities and included evaluation of delay, disruption and performance issues. Additionally, represented Major EPC Contractors in disputes involving petro-chemical plants in the United States and Latin America. These disputes involved delayed performance, design, procurement and operating performance issues including distributed controls and process flow requirements.
Educational Background:
- University of Southern California, B.A., magna cum laude, 1966