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James A. Melino
Partner
JMelino@brhlaw.com


Download James A. Melino's Bio

Practice Areas
Construction Law
Real Estate Law

Admissions
State Bar of California
United States District Court, Northern District of California

Affiliations
Associated General Contractors, Legal Advisory Committee
Contra Costa County Bar Association
Contra Costa Council, Transportation Task Force
American Society of Civil Engineers

Education
University of San Francisco School of Law (J.D., 1998)
University of California, Davis (B.S., Civil Engineering 1995, top 20% of class and major)

Experience

Mr. Melino handles a variety of construction and real estate matters for public and private owners in connection with large, complex commercial projects. He has significant expertise in all phases of mediation, litigation, and arbitration as well as dispute avoidance and risk management. Mr. Melino has specific expertise in handling complex construction claims, including claims arising out of differing site conditions, force majeure events, and scheduling delays and impacts. Mr. Melino is also proficient in drafting and structuring complex construction agreements and has significant experience with the AGC and AIA form agreements. Mr. Melino's background in civil engineering and construction add to his interest and expertise in development and construction matters.

Mr. Melino is one of the lead attorneys in connection with Bell, Rosenberg & Hughes's representation of the developer of the SR 125 South Project, which is one of two public-private partnership projects developed in California. Through this experience Mr. Melino has developed a depth of expertise in the legislation authorizing public-private projects in California and the numerous novel legal issues germaine to this project delivery method. Mr. Melino is the cochair of the California State Bar's Public-Private Partnerships Subsection. Through his involvement in the Subsection, Mr. Melino has gained expertise in the legislation authorizing public-private partnerships in California, including Streets and Highways Code Section 143 and Government Code Section 5956.10 through 5956.10, as well as public-private partnership programs in other jurisdictions.

Mr. Melino's prior legal experience includes clerkships at the U.S. Environmental Protection Agency, Office of Regional Counsel, Region IX, and the California Attorney General, Environmental Division.

Memberships and Committees

  • California Bar Association, Real Estate Section, Cochair, Public-Private Partnership Subsection
  • Contra Costa Bar Association, Real Estate Section, President
  • Contra Costa Council, Transportation Task Force
  • Associated General Contractors, Legal Advisory Committee

Seminars and Lectures

  • “Tricks, Traps, and Ploys Used in Construction Scheduling in California,” Lorman, October 2008
  • "Trends in Public-Private Partnership Development in California," American Bar Association, Construction Industry Forum, July 2008
  • "The Fundamentals of Construction Contracts: Understanding the Issues in California," Lorman, February 2008
  • “Resolving Problems and Disputes on Construction Projects in California,” NBI, February 2008
  • "Construction Law from Contract to Closeout in California," Lorman, January 2008
  • "Trends in Public-Private Partnership Development in California," Contra Costa Council, February 2008
  • "Trends in Public-Private Partnership Development in California," Associated General Contractors, Legal Advisory Committee, 24th Annual Retreat, October 2007
  • "The Fundamentals of Construction Contracts: Understanding the Issues in California," Lorman, February 2007
  • “Resolving Problems and Disputes on Construction Projects in California,” NBI, February 2007
  • "The Fundamentals of Construction Contracts: Understanding the Issues in California," Lorman, February 2006
  • “Resolving Problems and Disputes on Construction Projects in California,” NBI, February 2006

Publications

  • "Contra Costa Lawyer: Editor At-Large Piece," Contra Costa Lawyer, May 2008
  • "How to Win the 'Battle of Experts' in Landslide Cases," California Real Estate Journal (July 18, 2005), coauthored with Dr. Timothy Stark and Roger M. Hughes, Esq.
  • “Do It Wright: How to Prevent Tenants’ Contractors from Perfecting Mechanics’ Liens Against An Owner’s Property,” MMB E-Alert (June 2003)
  • “Cost Recovery Standards for Commercial Contractors Keep Getting Tougher,” Contra Costa Lawyer (November 2002)
  • “Contractor’s Total Cost Claim Based On Abandonment Theory Cannot Be Asserted Against Public Owner,” MMB E-Alert (July 2002)
  • “Ushering In a New Era of Storm Water Regulation,” MMB E-Alert (May 2002)

Representative Cases

State Route 125, Chula Vista, California

Mr. Melino is one of the lead attorneys representing the P3 developer, South Bay Expressway, LP, in connection with its development, design and construction of the Project. He has been extensively involved in all aspects of the firm's representation, including contract administration and analysis, legal research, memo and brief writing, and advocacy and oral argument in mediation and before the San Diego County Superior Court and JAMS arbitration panel in connection with claims asserted by the design-build contractor.


Shriner’s Hospital Infill Project, San Francisco, California

Mr. Melino was the primary attorney representing the owner/developer against delay, impact and lost-productivity claims asserted by the general contractor against large mixed-use urban infill project located in San Francisco.


Lakeside Village/RMC Lonestar, Livermore, California

Mr. Melino was the primary attorney representing the owner/developer in prosecuting slope instability/landslide claims against an adjacent property owner/quarry operator.


North Livermore Development Project, Livermore, California

Mr. Melino was the primary attorney representing the landowner in prosecuting the purchaser of the property for breach of option sale agreement in connection with sale of 68 acres of real property located in North Livermore.


Rosewood Project, Oakley, California

Mr. Melino was the primary attorney representing the owner/developer against the owner of property for breach of option agreement regarding property assemblage in Oakley, California.


Other

Mr. Melino has also: prosecuted and defended mechanic's lien and stop notice actions on behalf of owners, general contractors, and subcontractors; negotiated Project Labor Agreements in connection with residential housing development projects; represented general engineering contractor in connection with copyright infringement action over design of promenade at Jack London Square.