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Eric J. Phillips
Partner
EPhillips@brhlaw.com



Practice Areas
Construction Law

Admissions
State Bar of California

Affiliations
Construction Specification Institute
American Public Works Association
Project Management Institute, San Francisco Bay Area
Chapter, Chief Legal Counsel
Associated General Contractors of California, Legal Advisory
Committee
American Bar Association, Construction Industry Forum

Education
DePaul University College of Law (J.D., 1995)
Loyola University of Chicago (B.A. 1991, B.S., 1992)

Experience

Eric Phillips specializes in construction law and has intensive training in construction delay claims analysis. At any given time, he is helping to resolve several hundred million dollars of claims from coast to coast on behalf of some of the nation's largest contractors and owners. Mr. Phillips has represented owners and contractors in resolving complex claims on power-plants and large infrastructure projects such as bridges, roadways, and railroad facilities. He also has in-depth experience with the specific issues related to hospitals and other OSHPD-related projects.  

His practice focuses extensively on analyzing, negotiating, and resolving claims on complex construction projects. His services on these projects have included review and analysis of CPM schedules, assessment of damage claims, such as lost productivity, unabsorbed/underabsorbed field/home office overhead, acceleration, idle labor and/or equipment, increased/decreased quantities, changes in character of work and the effects of unbalanced bids. In addition to his "hands-on" experience, Mr. Phillips frequently assists clients in drafting and analyzing construction contracts and project dispute avoidance and resolution specifications.

Seminars and Publications

  • “Advanced Construction Law,” National Business Institute (Various)
  • “Tricks, Traps, and Ploys Used in Construction Scheduling in California,” Lorman Seminar (2004)
  • “California Lien Law,” Lorman Seminar (Various)
    “Avoiding False Claim Liability,” Lorman Seminar (Schedule December 2004)
  • “Is Turnabout Fair Play?” News in Brief (2003)
  • “The California False Claims Act,” The Witness Chair
  • California Construction Law: What To Do When . . . ,” Lorman
  • “Rescuing Troubled Projects,” Project Management Institute
  • “Construction Delay Claims,” Association of Defense Counsel
  • “California Construction Law: What To Do When,” National Business Institute
  • “Staying Out of Trouble With Your Lawyers,” University of California, Graduate
    School of Engineering
  • “Advanced California Construction Law,” National Business Institute
  • “Legal Strategies for Successfully Working with OSHPD,” Associated General
    Contractors of California
  • “Resolving Problems and Disputes on California Construction Projects,” Lorman
  • “Construction Delay Claims in California,” Lorman

Representative Cases

State Route 125, Chula Vista, California

Mr. Phillips is of the lead attorneys on numerous claims associated with this $700–$800 million highway-and-bridge project in San Diego. Claims include extensive delay and impact claims.

Port of Oakland, Oakland, California - Airport Roadway Project

Mr. Phillips was the primary attorney on numerous delay and lost productivity claims on $100+ million roadway-and-bridge project associated with the Oakland airport. This matter was successfully resolved through mediation.

Port of Oakland, Oakland, California – Joint Intermodal Terminal / 7th Street
Project

Mr. Phillips was the primary attorney on numerous delay and change order claims in connection with $100+ Million road and rail facility project at the Port of Oakland. The matter was successfully resolved through mediation.

Richmond Parkway, Richmond, California – Section 3

Mr. Phillips was one of the primary attorneys representing the City of Richmond on a multimillion-dollar delay, lost productivity, and change-order claim on a bridge-and-highway project in connection with the Richmond Parkway. The project was governed by Caltrans specifications and was successfully resolved through mediation.

Richmond Parkway, Richmond, California – Section 1B-North

Mr. Phillips was one of the primary attorneys representing the City of Richmond on a multimillion-dollar delay claim involving allegations of lost productivity, adverse weather impacts and differing site conditions on a bridge and highway project in connect with the
Richmond Parkway. The project was governed by Caltrans specifications and was favorably resolved through arbitration.