Joseph M. Sweeney
California
Sweeney Mason LLP
983 University Avenue
Suite 104C
Los Gatos, CA 95032
Tel: 408-356-3000
Email:
jsweeney@smwb.com
Web:
www.smwb.com
Joseph Sweeney graduated from the University of Notre Dame with a BA in Business Administration and an emphasis in Accounting in 1974. He graduated Magna Cum Laude as a member of the McAuliffe Honor Society from the University of San Francisco School of Law in 1977. He has an AV Preeminent rating, the highest possible rating from Lexis-Nexis Martindale-Hubbell.
Since 1978, Joe has focused on construction and real estate law, both transactional and litigation. He has successfully represented owners, developers, general contractors, subcontractors, material suppliers and design professionals in multiple aspects of construction law issues through negotiations, disputes, mediations, arbitrations and trials. His successful jury verdicts and arbitration awards include recovering damages for fraud, breach of construction contract claims, lost productivity claims, defense of a multi-million dollar personal injury claim, and successful defense of liquidated damages claims in the millions.
He has previously practiced as a licensed real estate broker handling multiple transactions including office buildings, apartments and storage facilities and has litigated numerous real estate disputes involving leases, non-disclosures, purchase agreements and loan documents.
Joe has served on the Boards of AGCC (Santa Clara District), the American Subcontractor Association Bay Area Chapter (ASA), the University of Notre Dame Alumni of San Jose and Silicon Valley, St. Mary’s School of Los Gatos, Los Gatos Chamber of Commerce, and the Los Gatos Christmas Foundation. Joe lives in Los Gatos with his wife Terry. They have six children.
Sweeney Mason has been representing businesses and individuals in the Bay Area since 1990. Joseph Sweeney formed the firm with Roger Mason and Kurt Wilson after his downtown Los Gatos law office was damaged in the 1989 Loma Prieta earthquake. Over the years the firm has grown in prominence and is currently well established as a leading law firm in the Bay Area.
Sweeney Mason is a full service law firm providing substantially all of the legal services required by small and mid-sized companies and serving the estate planning and probate needs of individuals and families. Sweeney Mason represents clients in seven primary areas of the law, including Civil Litigation, Construction, Corporate and Business, IP, Labor and Employment, Estate Planning, Trusts and Probate, and Real Estate law. Sweeney Mason provides its clients with cost effective, result oriented legal representation of the highest calibre.
Our success is the result of a reputation for providing superior client service without unwarranted expense. The attorneys in each practice area collaborate to ensure that every client’s needs are served and that lasting client relationships are fostered.
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.