Kevin T. Cauley
Kevin Cauley has been representing clients in construction law and construction defect cases for more than 20 years throughout California and in San Diego for the last 18 years. During this time, Kevin has honed his skills as a litigator in construction law and has handled a wide variety of disputes on behalf of clients from all sectors of the construction industry including owners, architects, prime contractors, subcontractors, suppliers and sureties.
Over the years, Kevin has consistently been recognized in the legal community for his superior work and client representation including being selected for inclusion in the San Diego Super Lawyers in the Construction Litigation category for the last 5 years running. He is also an active member and regular speaker for several construction related associations including the Associated General Contractors of America, Associated Builders and Contractors and the San Diego Chapter of American Sub-Contractors Association.
An avid sports fan, Kevin can often be found cheering on the Padres and the Chargers and, of course, his alma mater, U-Mass.
On February 13, 2019, the Associated Subcontractors Alliance will host their Annual Legal Update and Member Showcase, an information packed review of new and noteworthy employment and labor laws and regulations that affect those in the construction industry. Schwartz Semerdjian attorneys Kevin Cauley, Kristen Bush, and Sierra Palmer will present on various topics, including new requirements for competitive bidding on public projects, CSLB reporting requirements, employer communications about prospective employers, requirements for mandatory sexual harassment training and OSHA reporting.1.31.19
SSCM is pleased to announce another client win by partner Kevin Cauley. Client McCullough Plumbing was recently on a federal project, and sued the prime contractor and payment bond surety, alleging it had not been paid in full.
In United States ex rel. McCullough Plumbing, Inc. v. Halbert Construction Company, Inc., 2018 U.S. Dist. LEXIS 212121 (S.D. Cal. December 17, 2018), a subcontractor on a federal project sued the prime contractor and payment bond surety, alleging that it had not been paid in full. The defendants moved for partial summary judgment with respect to the damages the subcontractor was seeking. In particular, the defendants argued that the “no damages for delay” clause in the subcontract precluded recovery of delay damages. The court analyzed whether the “no damages for delay” clause complied with the Miller Act. The court rejected the defendants’ argument that such a clause concerned only the measure of recovery and was not a waiver of the subcontractor’s right of recovery. The defendants asserted that the measure of recovery was limited to an extension of time. The court stated, “The No Damage for Delay clause plainly affects McCullough’s right of recovery of increased out-of-pocket costs caused by construction delays under the Miller Act.” The court held that the clause was an unenforceable waiver of the subcontractor’s rights under the Miller Act. The court denied the motion for partial summary judgment.
On February 7, 2018, the Associated Subcontractors Alliance will host their Annual Construction Law Update, an information packed review of new and noteworthy employment and labor laws and regulations that affect those in the construction industry. Schwartz Semerdjian attorneys Kevin Cauley, Sierra Spitzer and Kristen Bush will present on various topics, including prevailing wage, AB 1701, worksite immigration, enforcement and protections, paid family leave benefits, public work procurement methods, public and private work contracts, attorney's fee recovery, licensing, indemnification, as well as recent court decisions including the prevailing party's entitlement to attorney's fees, promissory estoppel in public and private contracts, indemnification, and public contract bidding issues. Click here for the event flyer. Registration can be completed online at the ASA website.10.16.17
Schwartz Semerdjian partner Kevin Cauley to present an ASA workshop, “Protect Your Right To Payment...What you need to know about Mechanic’s Lien and Stop Notice Remedies.” The workshop is hosted by the Associated Subcontractors Alliance and will take place at Division 23 Brewing. Click here for event information and registration.2.27.17
Partners Dick Semerdjian, Kevin Cauley & John Moot have been selected as Top Lawyers in San Diego by Martindale Hubbell. The 2017 Top Lawyers List will be published in the March 2017 issue of San Diego Magazine. Lawyers featured in the Top Lawyers List have been selected by their peers as providing the highest level of professional excellence. Congratulations, Dick, Kevin & John!1.2.17
Partners Kevin Cauley and Sierra Spitzer will provide a review of new and noteworthy employment laws and regulations and how these impact the construction industry’s workforce at the Associated Subcontractors Alliance (ASA) Construction Law Update on January 11, 2017. The presentation will include information regarding minimum wage, itemized wage statements under Labor Code Section 226, fair pay amendments, and paid family leave benefits. They will discuss recent court decisions which impact contractors. These decisions will include the validity of a general contractor relying on a bid number while ignoring other material terms and conditions in a subcontractor's bid, interpretation of written indemnification provisions with respect to employee injuries on construction sites, and subcontractor entitlements to late payment penalties under the prompt payment statutes for past retention payments withheld by the project owner. Click here for the event flyer.12.14.15
Partners Kevin Cauley and Sierra Spitzer will provide a review of new and noteworthy employment laws and regulations and how these impact the construction industry’s workforce at the Associated Subcontractors Alliance (ASA) Construction Law Update on January 13, 2016. The presentation will include information regarding skilled workforce requirements, electronic certified payroll requirements, and recent court decisions which impact contractors. These decisions will include the validity of lease-leaseback delivery systems that discuss the Davis v. Fresno Unified School District case. This decision deals with lease-leaseback and the issue of competitive bidding on lease-leaseback projects. The Court of Appeal recently issued a decision in Jeff Tracy, Inc. v City of Pico Rivera with important implications with respect to the requirements to be proven for a contractor to collect in a lawsuit. Click here for the event flyer.4.23.09
Mechanic’s Lien Seminar
Kevin Cauley was the primary speaker for the April 23, 2009 Mechanic’s Lien Seminar presented by the American Subcontractor’s Association, San Diego Chapter. The seminar covered the basic issues involved with Mechanic’s Liens, Private and Public Stop Notices, and collection issues.3.20.09
Construction Law Seminar
Kevin Cauley was the primary speaker for the March 20, 2009 Construction Law Seminar presented by the Associated Builders and Contractors, Inc., San Diego Chapter. Seminar topics included Mechanic’s Liens, Stop Notices & Collections, Construction Contracts, Bidding Law, Change Orders, Contractors’ License Law, Litigation, Arbitration & Negotiation, Business Structure – Corporations, and more.