Since its formation, Sweeney Mason LLP has had an active full service construction law practice. We represent individuals and businesses at all levels of participation in construction projects. These projects include both commercial and residential projects and range in size from home remodel disputes of less than ten thousand dollars to commercial disputes involving millions of dollars. Our construction attorneys have extensive experience assisting and advising clients in all aspects of construction law.

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We provide the finest representation available in this highly specialized field. We assist our clients in identifying potential problems before they become costly lawsuits, uncontrolled picketing, or government wage/tax claims. By promoting management awareness, we provide cost effective, preventative legal representation. Nevertheless, litigation is sometimes unavoidable. We have extensive experience litigating in State and Federal Courts, State and Federal administrative agencies and at labor arbitration hearings.

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Our firm has considerable experience in cost effective business litigation. We provide result-oriented, high quality, effective representation to our clients in all forums of dispute resolution, including jury trials, court (judge) trials, arbitrations and mediations.

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Our corporate and business team assists our clients with the key phases of their development and growth, beginning with their formation, continuing through their operations cycle and culminating with their
exit options.

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We specialize in traditional and advanced estate planning strategies for individuals and families seeking to minimize taxes, maximize wealth, and ensure efficient asset distribution.

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Our real estate practice is supported by multiple attorneys from the litigation, construction and corporate practices. Our extensive experience allows us to effectively represent businesses and individuals regarding real estate transactions. Our firm has experienced counsel familiar with handling mediation, arbitration and litigation of matters throughout the Bay Area and California.

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We work with our clients to help them leverage their intellectual property assets in a variety of ways.

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Construction

attorneys

Joseph Sweeney

founding partner +
senior counsel

Chris Olson

partner

Scott Mangum

partner

William Kaufman

partner

Since its formation, Sweeney Mason LLP has had an active full service construction law practice. We represent individuals and businesses at all levels of participation in construction projects, including owners, developers, lenders, general contractors, subcontractors, material suppliers, and design professionals involved in both public and private works of improvement. Sweeney Mason LLP represents clients involved in both commercial and residential projects ranging in size from home remodel disputes of less than ten thousand dollars to commercial disputes involving millions of dollars. Our construction attorneys have extensive experience assisting and advising clients in all aspects of construction law from contract review and negotiation through project real time assistance and ultimately through dispute resolution whether litigation, mediation or arbitration.

Contract Review, Negotiation and Real Time Assistance

We regularly assist our clients with the preparation and negotiation of a full range of construction contracts, including Owner-Builder Agreements, Design-Build Agreements, Subcontracts, Home Improvement Contracts and Material Purchase Orders. Our lawyers are not only familiar with major professional and industry forms, including those of the American Institute of Architects (AIA), the Associated General Contractors (AGC) and the Design Builders Institute of America (DBIA) but are also experienced in drafting project specific agreements unique to the particular needs of our clients. We are available for guidance not only during the course of negotiations but also during the project itself as needed to preemptively eliminate or mitigate disputes.

Bid Protests

We have represented clients at every level of public project development, including prosecuting and defending bid protests. We have documented protests, appeared before various California state and local government agencies as well as litigated protests.

Dispute Resolution

Our lawyers have handled all aspects of dispute resolution from negotiating resolution prior to formal litigation to mediation, litigation and/or arbitration. We pride ourselves on endeavoring to resolve disputes in the most efficient and practical manner. We have litigated at the State court and Federal court levels in California. We have extensive experience with private tribunals including the American Arbitration Association and JAMS. We have strong working relationships with the most experienced mediators in California who are active in construction law disputes. We have often assisted our clients in resolving construction disputes without the necessity of initiating litigation or arbitration.

Construction Claims

We handle all types of construction claims from the enforcement and defense of mechanic’s liens, stop notices, bond claims, government code claims and contract disputes to sophisticated claims involving delay analysis, critical path scheduling, substantive change order claims and productivity analysis. We have extensive experience working with consultants and experts in the areas of defect litigation and construction claims.

Prevailing Wages and Labor Disputes

Our construction team works closely with our labor and employment section with respect to prevailing wage issues, Section 132a claims and labor disputes including picketing. We assist clients in developing comprehensive employee policy manuals and employment agreements specifically tailored to their unique needs. We counsel clients with respect to employee issues on an on-going basis and have represented clients before the California Labor Commissioner. We have extensive experience in defending contractors in disputes with union trust funds throughout the State of California.

Business Formations and Licensing

Our construction team also works closely with our corporate and business section with respect to the appropriate entity formation. We are very familiar with the rules and procedures of the California Contractors State Licensing Board, and have advised clients regarding compliance with licensing laws and have defended contractors in disputes with the CSLB.

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Andrew Kozlow

senior counsel

Labor & Employment

attorneys

Roger Mason

founding partner

Kurt Wilson

founding partner

Chris Olson

partner

Rachael Brown

partner

Caitlin Kaufman

senior counsel

We provide the finest representation available in this highly specialized field. We offer training programs for management on wage and hour law, harassment, discrimination and termination. We assist in the preparation of employee handbooks, procedures, and forms and provide periodic updates and newsletters on developments in the law to ensure Labor Code compliance. We assist our clients in identifying potential problems before they become costly lawsuits, uncontrolled picketing, or government wage/tax claims. By promoting management awareness, we provide cost effective, preventative legal advice designed to reduce the potential for litigation. Nevertheless, litigation is sometimes unavoidable. We have extensive experience litigating before State and Federal administrative agencies and at labor arbitration hearings in all aspects of employment law.

Employment/Discrimination

We represent employers in all facets of employment law. Our expertise as litigators and counselors includes Federal and California wage, hour and prevailing wage law, pre-employment screening, employee policy manuals, effective discipline and discharge, and drug testing. We defend wrongful termination, unfair competition, sexual harassment and discrimination claims, including those based on sex, age, physical and mental disability, race and national origin.

Labor Relations

Our practice involves jobsite disputes ranging from reserved gate systems to mass picketing and violence injunctions. We are experts in union organizing campaigns, terminating union contracts, collective bargaining negotiations, labor management arbitration, and double breasting challenges. We represent management in ERISA trust fund litigation, withdrawal liability issues, and in all matters before the National Labor Relations Board including union and management election petitions and unfair labor practices charges.

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Andrew Kozlow

senior counsel

Civil Litigation

attorneys

Kurt Wilson

founding partner

Chris Olson

partner

Scott Mangum

partner

William Kaufman

partner

Rachael Brown

partner

Nathaniel Lucey

senior counsel

Andrew Kozlow

senior counsel

Molly Thai

associate attorney

Our firm has considerable experience in cost effective business litigation. We provide result-oriented, high quality, effective representation to our clients in all forums of dispute resolution, including jury trials, court (judge) trials, arbitrations and mediations for all the following types of controversies:

  • A jury verdict in a trade secret case finding our client not liable for the Plaintiff’s seven-figure damages.
  • A jury verdict in a fraud case awarding our client all of its alleged six-figure damages.
  • A binding arbitration award in a breach of contract / unfair competition lawsuit against our client for less than one tenth of the Plaintiff’s demand.
  • A jury verdict in a breach of contract case finding our client not liable for the Plaintiff’s six-figure damages and awarding our client six-figures and attorneys’ fees on its cross-complaint.
  • A seven-figure mediated settlement against a large, public company in a breach of contract and fraud case.
  • A summary dismissal of a Plaintiff’s real estate claims for nuisance.
  • A defeat by summary judgment of a patent infringement claim and a successful defense of the appeal

Recent results for our clients include:

Related articleS:

  • Purchase and Sale Contract Breaches
  • Service and Supply Contract Breaches
  • Shareholder and Partner Disputes
  • Trade Secrets
  • Fraud
  • Real Estate
  • Trademark
  • Unfair Competition
  • Negligence
  • Conversion
  • Bad Faith Denial and Insurance Coverage

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Caitlin Kaufman

senior counsel

Corporate

attorneys

partner

associate attorney

Our corporate and business team assists our clients with the key phases of their development and growth, beginning with their formation, continuing through their operations cycle and culminating with their exit options.

Entity Formation and Infrastructure

We assist clients with the formation and dissolution of various forms of entities and the establishment of the appropriate legal infrastructure depending upon the business’ needs. We regularly prepare and implement shareholders agreements, buy-sell agreements, employment agreements, stock option plans, intellectual property licenses, distribution, manufacturing and marketing agreements, sales representative agreements and trademark and service mark applications.

General Counsel Services

For our typical client we operate as “outside general counsel.” This includes, among others, representation concerning maintenance of legal entities, contract negotiation, trade secret issues and general legal matters as they arise on a day-to-day basis. Our corporate team is on stand-by to quickly resolve the issues that confront our clients.

Commercial Transactions

Our attorneys regularly assist our clients with the negotiation, structuring and implementation of a wide variety of commercial transactions including manufacturing, development, supplier, consulting and distribution agreements.

Mergers and Acquisitions

We work with businesses to guide them through the difficult process of closing mergers, acquisitions and other similar transactions. Our team is heavily involved in mergers and acquisitions transactions representing both buyers and sellers of relatively simple “main street” acquisitions and complex middle-market transactions up to $35,000,000 in value.

Capital raising Transactions

We work with our clients to reach their growth targets by assisting with a wide variety of debt and securities offerings and other private placements.

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Romin Thomson

Mila Balke

Estate Planning, Trusts & Probate

attorneys

Stuart Schmidt

partner

David Lee

partner

Wendy krog

senior counsel

Within the areas of Estate Planning, Trust and Probate law and litigation, we provide the following full range of services:

Estate Planning - Fundamental

Although a large part of estate planning concerns minimizing tax and avoiding probate, for most of us it starts with the simple idea of how you want to distribute your assets upon death.

Sweeney Mason’s goal is to make the estate planning process easy. We educate our clients as to all their options and guide them in choosing the ones most appropriate for them. In creating an estate plan, you shouldn’t just end up with a fancy binder full of trust, powers of attorney and healthcare directive documents, but rather a well thought out estate plan that will ensure your wishes and directions are followed.

Many people are concerned with the following issues:

  • Who will manage my assets and healthcare decisions if I can’t?
  • How do I ensure my children receive as much of my property as possible without substantial taxes?
  • How do I ensure my estate is settled fairly, quickly and efficiently?
  • Who will take care of my young children and/or help them with the assets I leave them?
  • Will any inheritance I leave my child end up with his or her spouse if my child divorces?
  • Can I provide for my spouse and ensure that my property eventually goes to my children?

Estate Planning - Advanced Techniques

We specialize in advanced estate planning strategies to handle the transfer of business interests and real estate. We ensure that families can save taxes, increase wealth, and control assets. Many of our clients are particularly interested in developing a plan that ensures the orderly continuation of their business or of other substantial assets. A good succession plan must not only minimize income tax, property tax and estate and gift tax, but it must address the important issue of governance; who will be in charge and how decisions will be made within the family. We have the skills to handle advanced estate and gift tax planning techniques for high net worth individuals in addition to the basic estate planning needs of all individuals. Sweeney Mason prepares wills, revocable trusts, irrevocable trusts (including charitable trusts, trusts for minors, life insurance trusts, generation-skipping trusts or dynasty trusts, grantor retained annuity trusts (“GRATs”), and qualified personal residence trusts (“QPRTs”) as well as family limited partnerships (“FLPs”), limited liability companies (“LLCs”), and private foundations on a routine basis.

Probate, Trust Administration & Conservatorships

We advise fiduciaries (which includes trustees, executors and conservators) in regard to their administrative tasks and fiduciary duties as well as beneficiaries in regard to their rights to estate and/or trust property. Upon death we assist our clients in the efficient transfer of assets whether through probate or private trust administration and ensure that all of their duties are properly carried out.

Probate and Trust Litigation

In responding to any situation, we ensure that our client’s needs are promptly and efficiently met. Mr. Schmidt, the resident Estate Planning, Trust and Probate Law expert, in conjunction with other litigation attorneys at Sweeney Mason, represents beneficiaries and fiduciaries in the following types of litigation:

  • Will and Trust Contests
  • Interpretation of Estate Planning Documents
  • Determinations of Heirship and Asset Ownership
  • Accounting Controversies
  • Fiduciary Appointment and Removal
  • Constructive Trusts
  • Creditor’s Claims
  • Disputes Concerning the Characterization of Property
  • Elder Abuse

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Real Estate

attorneys

Joseph Sweeney

founding partner +
senior counsel

Chris Olson

partner

Romin Thomson

partner

Scott Mangum

partner

William Kaufman

partner

Nathaniel Lucey

senior counsel

The firm’s real estate practice is supported by multiple attorneys from the litigation, construction and business practices. Our extensive experience allows us to effectively represent businesses and individuals regarding real estate transactions. We have developed a special expertise with respect to ADA compliance and defense matters. We have attorneys with considerable experience in mediation, arbitration and litigation of matters throughout the Bay Area and California.

Our firm’s attorneys provide real estate services in a number of areas, including:

Real Estate Purchase and sales

We advise sellers, buyers and brokers on all issues related to the purchase and sale of real estate, including contract negotiations associated with purchases and sales of land, office buildings, apartment complexes, storage facilities and shopping centers; disclosure requirements and due diligence, title diligence, title examination, physical condition of properties, zoning and regulatory matters, transfer and other tax issues, and liquidation of businesses with real property assets.

Real Estate Litigation

We provide a full range of services relating to dispute resolution including litigation as well as restructuring financial obligations, recovery of secured or unsecured assets, loan participations, modifying the relationship of debt and equity, managing and enhancing assets, or acquiring new assets, purchase/sale contracts and options, acquisition, post-closing adjustment, specific performance and escrow matters, as well as rescission and other fraud/mistake claims.

ADA Compliance and Defense

Our ADA Compliance team is devoted to helping clients achieve state and federal accessibility compliance to mitigate against exposure to expensive litigation. Complying with ADA and California disability laws is a business reality and necessity. Under the ADA and other related legislation, property owners and businesses must take appropriate steps to accommodate individuals with disabilities. Because disabled persons, advocacy groups and the DOJ can bring lawsuits against owners to enforce compliance with the ADA, Sweeney Mason can perform accessibility-compliance audits that cover ADA standards for commercial facilities. We can assist in analyzing your property and/or business for accessibility issues, make cost-effective recommendations and develop the best compliance strategy for your situation.Sweeney Mason’s compliance recommendations can help clients avoid costly litigation.

Sweeney Mason has significant experience in defending ADA actions brought against businesses in both state and federal courts. ADA actions can be filed against property owners and businesses, large and small, including restaurants, hotels and motels, retailers and any other business. Moreover, ADA lawsuits are on the rise. Sweeney Mason is experienced in defending businesses, employers, landlords and tenants against suits for non-compliance under the ADA and state accessibility laws. We can quickly analyze the merits of a case and aggressively defend our clients’ interests. We advise our clients to address the accessibility issues and access barriers as promptly and cost-effectively as feasible. When appropriate, we help them settle cases expeditiously through negotiation or the Alternative Dispute resolution process.

Commercial Leasing

We represent landlords and tenants in all types of commercial leasing transactions including negotiating and drafting real and personal property leases (including space leases), ground leases, equipment leases, retail leases, office leases, industrial leases, warehouse space leases and leveraged leases as well as handling assignments, landlord-tenant issues and broker-related transactions.

Title Issues

Our experience in real estate transactions and dispute resolution includes review, analysis and resolution of title issues.

Easement and license disputes

We have assisted our clients with a number of easement and license related real estate disputes both through successful verdicts at trial and negotiated resolution.Our experience in real estate transactions and dispute resolution includes review, analysis and resolution of title issues.

Real Estate Broker and Agent Commission Disputes

We have represented brokers, agents and property owners in the resolution of commission disputes.

Our clients who have successfully used the firm’s services on real estate matters include contractors, developers, banks, individuals and businesses.

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Intellectual Property

attorneys

Romin Thomson

partner

Mila Balke

associate attorney

We work with our clients to help them leverage their intellectual property assets in a variety of ways. We regularly assist our clients with the negotiation of hardware and software development and license agreements, subscription service agreements and related transactions. We manage a portfolio of trademarks and regularly help our clients protect their trademark and trade names.

Litigation

We have assisted our clients with a wide variety of intellectual property litigation matters including: trade secret, unfair competition, patent, copyright, and trademark litigation.

Technology Transactions

Our attorneys regularly assist with the negotiation, structuring and implementation of technology transactions including a broad scope of licensing, manufacturing, development and distribution agreements.

Trademarks Service Marks and Copyrights

We regularly assist our clients with the selection, protection and enforcement of brand names, brand identities and trade dress, including registration and licensing.

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