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J. Todd Wulfsberg practices in the area of construction and general litigation. While a law student, Todd assisted on matters ranging from residential works of improvement to multi-million dollar commercial construction projects. Since becoming an attorney, his practice has focused on construction and general civil litigation, as well as drafting design and construction contracts for cities, counties, and other public entities throughout Northern California. His work has included the prosecution and representation of multi-national design-build contractors, local public entities, private businesses, and individual owners throughout Northern and Southern California on a wide variety of contract-related matters and disputes. He has provided legal counsel and assistance to numerous public and private clients during all stages of construction, including drafting front end contract documents, assisting with bidding, bid disputes, bidder selection, and award, contract enforcement and change order management, claims handling, pre-litigation claims assessment, early dispute resolution, mediation, arbitration, and litigation. His litigation and arbitration experience includes drafting of initial and responsive pleadings, pre-trial discovery, taking and defending percipient and expert witness depositions, law and motion and ex parte practice, mediation, arbitration, summary judgment and other dispositive motions, pre-trial preparation and trial, and post-trial motion practice and appeals, in both state and federal courts throughout California.
Before attending law school, Todd was a top sales associate for Citrix Online, a successful division of Citrix Systems. He was instrumental in developing the inside sales division of Citrix Online’s direct sales group, now one of the largest sales divisions at Citrix Online.
- 524 MW Combined-Cycle Repowering Project, 2016-2018. Represented a Southern California public utility in a complex construction litigation dispute with prime contractor and major equipment supplier in federal district court, including defense of multi-million dollar delay and acceleration claims and prosecution of delay and warranty-related claims, through trial and post-trial motions.
- 46 MGD Wastewater Improvement Project, 2014-2018. Represented Southern California City in a construction dispute involving the City’s $240 Million Plant Improvement Project, through pre-trial discovery and deposition practice, trial, and post-trial briefing.
- Public Land Use Dispute, 2015-2016. Successfully defended local public entity in Northern California in land use dispute with local soccer league over City-owned soccer fields, defeating soccer league’s efforts to enjoin City from issuing temporary use permit to national sporting league to use fields in connection with major televised sporting event.
- Landlord-Tenant Dispute, 2013-2014. Represented private property management company in landlord-tenant dispute with multi-national automobile manufacturer involving damage to concrete floor of 400,000 sq. ft. warehouse used by manufacturer as parts distribution facility, resulting in favorable settlement with manufacturer shortly before trial.
- Appeal from Order to Vacate Arbitration Award, 2013-2014. Represented a City in Southern Nevada in cross-appeals seeking to overturn a trial court order denying the City attorney’s fees and costs in confirming an arbitration award in favor of the City in a AAA Arbitration arising out of a complex airport construction project.
- Wastewater Treatment Improvement Project, 2013 – 2014. Represented a City on the San Francisco Peninsula in a lawsuit in federal court involving claims by the City against a supplier of conveying equipment for breach of contract, breach of warranty and indemnity in connection with a wastewater treatment plant improvement project.
- Construction Manager Partnership Dispute, 2012 – 2013. Successfully defended a community college district construction manager in a AAA arbitration involving claims by a co-partner for alleged improper accounting practices and re-distribution of partnership profits.
- Wastewater Treatment Improvement Project, 2010 – 2013. Represented a Northern California City in a month-long arbitration in Oregon involving claims against two engineering firms for professional negligence, breach of contract and breach of fiduciary duty. Also represented the City in an action to vacate the arbitration award in the District Court for the Eastern District of California.
- Roadway Slide Repair Projects, 2011 – 2012. Represented a County in Northern California in two OAH arbitrations involving claims by contractors and subcontractors for delays, differing site conditions, and recovery of retention on two County roadway slide repair projects.
- Emergency Water System Intertie Project, 2011 – 2013. Represented a San Francisco Bay Area City in two lawsuits involving claims by the general contractor for breach of contract based on alleged defects in design, cost overruns, delays and disruption, and declaratory relief and breach of contract claims by the City against the contractor’s insurer.
- Private Residential Construction Project, 2010 – 2011. Successfully represented an owner in a lawsuit involving claims by the general contractor for delays, cost overruns and defective design, and claims by the owner for fraud, breach of contract, breach of fiduciary duty and disgorgement of funds in connection with a private residential construction project.
- Private Residential Construction Project, 2009 – 2011. Successfully represented an owner in a AAA arbitration against a general contractor, based on claims for defective work arising out of a private residential remodel project. Successfully secured an arbitration award in favor of the owner and convinced the contractor’s liability insurer to provide coverage for the award, allowing immediate recovery.
- Community College Construction Project, 2008 – 2009. Represented a local Community College District in a complex, multi-lawsuit litigation in the Alameda County Superior Court, involving liquidated damages asserted by the District and claims by the general contractor and numerous subcontractors for extensive delays, disruption, cost overruns, and differing site conditions on a new College Campus in Berkeley, California. We were able to resolve the contractor and subcontractor claims shortly before trial on terms favorable to the District, and were able to successfully tender defense of certain subcontractor claims to the contractor’s payment and performance bond surety, which had initially denied coverage.
- Wastewater Treatment Upgrade Project, 2008 – 2009. Represented a City on the San Francisco Peninsula in a lawsuit involving complex claims by the general contractor and pass-through claims by subcontractors for cost overruns, delays, disruption, and differing site conditions on the City’s wastewater treatment upgrade project.
- Pipeline and Pumphouse Project, 2007 – 2009. Represented a Bay Area Water Agency in a lawsuit involving claims by the general contractor for delays, disruption, acceleration, cost overruns, differing site conditions, and recovery of retention on a Pumphouse and Connecting Pipeline project.
- J.D., Golden Gate University School of Law, 2008
- M.S., Economics, University of California, Santa Barbara, 2002
- B.S., Electrical and Computer Engineering, University of California, Santa Barbara, 2001
- State Bar of California
- United States District Courts for the Central District of California
- United States District Courts for the Eastern District of California
- United States District Courts for the Northern District of California
- United States Court of Appeals for the Ninth Circuit
- Alameda County Bar Association
- Contra Costa County Bar Association
- American Bar Association
- Construction Lawyers Society of America
- Inducted as Associate Fellow, Construction Lawyers Society of America
- Selected to Super Lawyers - Northern California Rising Stars, 2010-2018
- Computer Assisted Learning Institute Award of Excellence in Appellate Advocacy, Remedies, and Internet & Software Law