Ali Salamirad concentrates his practice in the areas of construction and surety law. Many of the nation’s leading surety companies, general and specialty contractors trust Mr. Salamirad’s guidance and counsel when dealing with the myriad of issues that arise in the construction industry.
Mr. Salamirad has successfully handled a wide range of cases on federal, state and private construction projects, including bid disputes and protests, subcontractor substitutions, labor claims, extra work disputes, differing site condition claims, delay, productivity and efficiency claims, default terminations, takeover and completion efforts, and surety financing arrangements.
- Hastings College of the Law, University of California, J.D., 2000
- University of California Irvine, B.A., 1996
- California, 9th Circuit Court of Appeals, various United States District Courts and Bankruptcy Courts in California, United States Federal Court of Claims, Armed Services Board of Contract Appeals
Results & Representative Matters:
- Successfully represented surety and its principal at trial against the County of San Bernardino resulting in $6.8 million dollar verdict for unpaid contract balance, prompt payment penalties and lost productivity damages incurred as a result of encountering differing site conditions utilizing a “measured mile” analysis.
- Successfully represented surety against the competing claim of the United States of America (IRS) to contract funds withheld by a local public agency in response to stop payment notices after surety’s principal defaulted on its obligations and surety was required to pay stop payment notice claimants; Court held that the surety’s rights, as the equitable subrogee of the stop payment claimants, trumped the tax lien rights of the IRS. Hartford Fire Ins. Co. v. Elsinore Valley Municipal Water District, United States District Court, Central District of California, Case No. CV12-1097.
- Successfully represented general engineering contractor at arbitration against the County of El Dorado and its employees resulting in a seven-figure award for damages incurred as a result of encountering differing site conditions and utility conflicts on an off-ramp construction project on Highway 50 in El Dorado County.
- Successfully represented general contractor in arbitration of claim against its insulation subcontractor’s surety for damages incurred as a result of installing improper pipe insulation materials on the United States District Courthouse project in San Diego, California.
- Successfully represented surety in appeal of prompt payment penalty award in Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Company of America (2005) 133 C.A.4th 1319.
- Successfully defended surety at arbitration against million-dollar claim from a general contractor alleging that the surety’s principal installed concrete floors that were not within the specified “flatness” on a public library project. In the same action, recovered the surety’s substantial attorneys fees and costs from the general contractor.
- Successfully represented small, family owned demolition contractor in defense of license revocation hearing brought by the CSLB involving the contractor’s alleged misrepresentations in multiple applications for specialty licenses.
- Successfully represented contractors and sureties in defense of prevailing wage and other labor claims on public construction projects.
- Negotiated millions of dollars in change orders, financing, takeover, tender, buy-out, work-out, completion and other agreements on favorable terms for clients in numerous transactional matters.
Articles & Presentations:
- Speaker: “Selecting The Right Completion Contractor,” 2016 ABA Fidelity and Surety Law Committee Spring Program
- Speaker: “Bond Claims – Shaken and Stirred,” National Association of Surety Bond Producers (NASBP) 2015 Annual Meeting
- Article: “Joint Ventures: What You Should Know,” Engineering Contractors’ Association Magazine
- Article: “Joint Venture Pitfalls,” The California Contractor, v.36
- Article: “Why The Enforceability Of Your Settlement Agreements And Releases Could Be In Jeopardy,” Featured in both the Contractors Business Network Newsletter and Engineering Contractor’s Association Magazine
- Article: “Fighting A ‘Remove and Replace’ Directive,” Engineering Contractor’s Association Magazine
- Speaker: “Using Public Contract Code Section 7104 to Defeat Contractual Site Condition Disclaimers in Differing Site Condition Litigation,” Engineering Contractor’s Association Legal Seminar
- Panelist: “How to Thrive In This Down Construction Market,” Contractors Business Network Seminar