Kyle Ostergard’s practice focuses on construction law, suretyship, and real estate and business disputes. He drafts and counsels clients on contracts of all natures and types. He has represented owners and developers, general contractors and subcontractors in connection with all types of construction projects, from single family residences, condominiums, hotels, retail malls and a Major League Baseball stadium; to public projects of various types, including airports, schools, college dormitories, hospitals, water treatment plants and wastewater treatment plants.
Mr. Ostergard also represents sureties and contractors in the prosecution and defense of payment, performance and other bond claims. He prosecutes and defends all types of construction impact claims, false claims, mechanic’s liens and stop notices. Mr. Ostergard also represents government contractors in bid protests submitted to public agencies.
Mr. Ostergard is a licensed real estate agent and member of the Real Estate Litigation Team. He represents clients in various real estate disputes, including claims for fraud/nondisclosure, unlawful detainers and rent disputes, lien priority disputes, and residential mortgage repurchase demands.
Mr. Ostergard is a frequent lecturer for the Construction Management Association of America and author of “The Impact of the Economic Downturn on Construction Litigation in Inside the Minds,” Construction Dispute Resolution, 2011 ed.
- Represents a hedge fund partner in an action for breach of contract, breach of fiduciary duty and constructive termination.
- Defended the California surety of a New York insurance company against the largest bond claim ever asserted against the surety that resulted in a favorable settlement.
- Represented a structural steel erector against the steel fabricator on a baseball stadium project during a 21-day arbitration. Client asserted claims for repairs of the defectively fabricated steel, delay and labor inefficiency. The Arbitration Panel awarded all of client’s attorneys’ fees plus prejudgment interest, causing the fabricator to pay an outstanding claim without further litigation.
- Represents a major national financial institution in the prosecution of repurchases demands under correspondent loan agreements.
- Defended real estate developers in a lawsuit arising from the sale of raw land sold to a general contractor that asserted a total cost claim for increased construction costs. Obtained a defense verdict for clients resulting in a judgment in excess of $470,000 for attorneys’ and experts’ fees following the Code of Civil Procedure 998 offer.
- Successfully defended the owner of a manufacturing facility in proceedings seeking vacation of default judgment of possession in an unlawful detainer action. Owner obtained a beneficial monetary settlement, including the release of all claims following the eviction of the tenant.
- Represented a municipality in connection with the prosecution and defense of claims arising from an airport expansion project. The contractor asserted claims in excess of $15 million based upon allegations of defective plans and specifications, constructive acceleration and labor inefficiency. The municipality settled the case for less than the outstanding contract balance.
- Represented a general contractor during a 22-day arbitration arising from the renovation of a retail mall in Southern California. The arbitration involved the prosecution of extra work and extended general conditions claims and defense of delay and construction defect claims asserted by the then-owner. Established the owner’s claims were asserted in bad faith leading to the award of prompt payment penalties and attorneys’ fees. Currently prosecuting a mechanic’s lien foreclosure action against a construction lender following its foreclosure on a deed of trust pending the enforcement of judgment on the arbitration award against the former owner.
- Represented the prime demolition contractor in the prosecution and defense of claims against subcontractors for the demolition of oil tank farms throughout California. Representation involved a 15-day arbitration of dispute with the oil recovery subcontractor.
- Represented an owner in arbitration arising from the construction of a church that resulted in a favorable settlement with the architect during the proceedings. General contractor recovered less than the contract balance.
- Submitted bid protests on behalf of a general contractor protesting the award of airport soundproofing contracts to the low bidder. Agencies rejected the low bids and awarded contracts to the client.
- Defended a school district from delay and disruption claims on the construction of a new primary center asserted by the general contractor and electrical contractor on a pass-through basis.
- Defends and prosecutes payment bond claims against sureties for bonds posted under Subdivision Map Act for off-site public improvements.
- Represents manufacturers and distributors from warranty claims under the Song-Beverly Act and lemon law amendments.
Construction Cite is a bi-monthly publication by Alston & Bird’s Construction Group highlighting recent trends and developments in construction law and in the construction industry. In this issue Alston & Bird’s Construction Group discusses utilizing various strategies to effectively mediate a construction dispute, a notable 7th Circuit decision addressing the scope of liability construction managers may face depending on their actual role on a project and a recent 11th Circuit decision analyzing whether “stigma” costs resulting from of physical damage to a building constitute “direct physical loss or damage” as articulated in common insurance policies.
- Working Committee, Division 4 (Project Delivery Systems) of the Forum on the Construction Industry of the American Bar Association
- Los Angeles County Bar Association, Real Estate Section, Construction Subsection
- Western Council of Construction Consumers
- Associated General Contractors of California