Andrew J. Haley

Overview

Andrew represents companies, property owners, developers, landlords, and private clients in complex construction, real estate, leasing, and business disputes. His clients range from institutional property owners and established companies to entrepreneurs, executives, and high-net-worth individuals with substantial real estate and business interests at stake.

A substantial part of Andrew’s practice focuses on high-value residential construction matters, including representing owners and purchasers of luxury spec homes and custom residences in construction defect disputes involving waterproofing failures, water intrusion, building envelope defects, and other significant construction deficiencies. Andrew also regularly advises luxury homeowners in disputes with general contractors during major construction and remodeling projects, including contractor termination, payment and performance disputes, preservation of claims, and the strategic transition of projects to replacement contractors.

His real estate and leasing practice includes representing landlords and tenants in contested office, retail and luxury residential disputes involving tenant defaults, enforcement of lease obligations, recovery of unpaid rent and damages, operating expense and tenant improvement disputes, termination rights, and possession of premises. He also represents property owners in disputes involving encroachments, easement and boundary rights, and nuisance claims arising from noise, property use, view impairment, and other interferences with the use and enjoyment of real property.

Andrew handles disputes in state and federal court, as well as private arbitration. He is frequently retained before litigation begins to help clients assess risk, develop strategy, preserve leverage, and position disputes for favorable resolution. Working with in-house counsel, business managers, brokers, consultants, and other professionals, he focuses on practical, results-oriented solutions tailored to the particular dispute – whether that means avoiding litigation, negotiating from a position of strength, or aggressively pursuing claims and defenses when litigation becomes necessary.

Representative Matters

• Achieved a $4.2 million settlement for the owner of a luxury Beverly Hills residence in a complex and highly contested construction defect action against a national general contractor and numerous subcontractors.
• Secured a $3.8 million arbitration award for the purchaser of a $20+ million luxury spec home in Pacific Palisades in a construction dispute against the developer arising from structural and waterproofing failures in a substantial swimming pool constructed above interior living space.
• Negotiated a $3.75 million settlement for the owner of a high-end Venice residence in claims against the developer and multiple subcontractors arising from extensive window and roof waterproofing failures and numerous other construction defects.
• Obtained a $1.6 million judgment following a federal jury trial in San Diego on behalf of a multinational manufacturer of technology-based performance materials in a dispute arising from its subtenant’s breach of an industrial sublease.
• Prevailed in a two-week New York arbitration on behalf of an international theme park and hospitality brand in two highly contested disputes with a large national contractor, obtaining a $3.9 million award on a major ride expansion project and substantially defeating the contractor’s additional-cost claims on a separate project, resulting in a net award for the client.
• Aggressively and efficiently litigated a dispute in Los Angeles Superior Court on behalf of the owners of a luxury Westwood penthouse, achieving a $5.75 million settlement in claims against the general contractor and multiple subcontractors arising from the build-out of extensive high-end interior improvements.
• Advised an international luxury brand in a lease dispute arising from the impact of a Beverly Hills municipal ordinance on the client’s intended use of the premises, ultimately negotiating a favorable early termination with no payment by the client and a full release from the landlord.
• Represented a global media company in an arbitration involving an office lease covering nearly an entire building on the Westside of Los Angeles, obtaining a favorable award in disputes concerning tenant improvement allowances and operating expense reconciliations.
• Secured summary judgment in Los Angeles Superior Court for an entertainment executive in a dispute arising from a major remodel of the client’s residence, resulting in the complete dismissal of the subcontractor’s $720,000 mechanic’s lien claim.
• Strategically developed and positioned a complex construction defect case for a luxury spec home developer, overcoming coverage defenses asserted by multiple insurance carriers and ultimately achieving a $3 million settlement with the general contractor and multiple subcontractors.
• Defended a multinational office furniture company in a commercial lease dispute concerning a Westside landlord’s substantial damage claim arising from the surrender condition of showroom premises, positioning the matter for a highly favorable settlement despite significant adverse evidence.
• Guided an entertainment conglomerate through a complex contract and fraud dispute against a start-up motion picture company and its principals and affiliates concerning the sale of multiple film projects, culminating in a multimillion-dollar settlement secured by film assets and enhanced by comprehensive enforcement protections.
• Protected the interests of a large regional land developer in a bankruptcy proceeding filed by a resort hotel following default on the client’s secured loan, negotiating a court-approved resolution through which the client ultimately gained control of the resort hotel asset.
• Resolved a complex commercial lease holdover dispute for a media company involving reciprocal landlord-tenant relationships across two separate properties, enabling the client to recover possession and proceed with the sale of its property.
• Successfully defended a prominent South Bay homeowners’ association with more than 5,000 resident members against a school district’s effort to invalidate use restrictions governing donated real property, defeating the district’s legal challenges and obtaining judgment preserving the real property for school and park purposes rather than private development.

Organizations

• Los Angeles County Bar Assocation
• State Bar of California
• American Bar Association
• Admitted to practice before the U.S. District Court and Bankruptcy Courts for the Central, Eastern, Northern, and Southern Districts of California

Speaking Engagements

Law Seminars International “Commercial Real Estate Leases” conference in Los Angeles, CA on February 8 & 9, 2016

http://lawseminars.com/detail.php?SeminarCode=16ACLCA