Andrew Van Ornum

Senior Partner

Andrew is a Senior Partner inVLMG's Bay Area office. He represents industry-leading general contractors, specialty contractors, owners, and engineers involved in construction transactions and disputes.  Over his more than 20 years of practice, his representations have run from contract drafting and negotiation through public procurement and protests, through mid-project claims and dispute resolution processes, and through final dispute resolution in mediation, arbitration and litigation.  Whether a dispute arises from disputed requests for equitable adjustment, design errors and omissions, differing site conditions, design-build liability, delay and disruption, or securing payment through mechanics’ lien enforcement, Andrew has successfully assisted clients in transportation, civic improvement, multifamily residential, commercial high-rise, public utility, waste water, renewable energy and health care industries.

Outside of disputes, Andrew also assists clients engaged in acquisitions or mergers of construction-related contractors and engineering, program management, project management and construction management companies through the assessment of the target’s contract and dispute risk.  Transactions he has facilitated include national and regional construction companies, regional and international engineering companies, as well as international program and project management consulting companies.

REPRESENTATIVE EXPERIENCE

• Successfully negotiated pre-litigation resolution of $100 million in claims for a general contractor client involving a significant transit project delayed by over 800 days as a result of numerous underground conflicts and owner design errors.
• Obtained a $21+ million arbitration award in favor of general contractor client on stalled high-rise development in San Francisco.
• Negotiated favorable settlement on behalf of engineering client on bridge foundation subsidence dispute on railroad bridge project.
• Assisted in contract and risk assessment in connection with the acquisition of a global engineering and consulting services business performing construction management, project management and program management services.
• Assisted in acquisition of Southeast Asian business lines of an international engineering and consulting firm for client expanding presence in the region.
• Represented client in diligence and risk review of acquisition of a national general contractor focused on the healthcare, hospitality and warehouse and distribution markets.
• Obtained a defense jury verdict for surety client against general contractor on approx. $1 million claim following termination of bonded subcontractor, which recovery included recovery of substantial attorney’s fees for client.
• Successfully settled general contractor’s delay and disruption claims against public owner on a seismic retrofit of a water supply reservoir.
• Received a judgment after close of evidence in jury trial against school district that alleged the general contractor was liable for delay damages and defective work claims.
• Obtained arbitration award for general contractor client against subcontractor involving subcontractor’s defective work and failure to defend and indemnify general contractor from school district owner.
• Litigated public entity’s claims of defective design and construction and surety issues on a $100 million design-build jail project in the City and County of San Francisco resulting in favorable settlement for client.
• Obtained defense jury verdict for surety client on electrical subcontractor’s claim for compensation on public dining hall facility at University of California.
• Prosecuted claims against public owner on public works water supply infrastructure projects.

PUBLISHED DECISION

• Stronghold Engineering Inc. v. City of Monterey (2023) 96 Cal.App.5th 1203 [315 Cal.Rptr.3d 34, 35], review denied (Feb. 14, 2024)

PUBLICATIONS & PRESENTATIONS

• Contributing Author: Payment Bond Manual, 3rd Ed., Eds. Wayne D. Lambert, Todd R. Braggins, J. Blake Wilcox, ABA (2006).
• Author: "False 'Records or Statements' Alone Do Not Impute Liability For Civil Penalties Under The California False Claims Act", Newsletter, Winter 2007-2008.
• Author: " In California, The Regulations Have Changed For Surety Bond Claims", Newsletter, Fall 2006.