Photo of Edward B. Lozowicki

Edward B. Lozowicki

Of Counsel
San Francisco
T: 415.774.3273
F: 415.434.3947

Education

  • J.D., University of Santa Clara, 1969, Associate Editor, Santa Clara Law Review, Outstanding Moot Court Participant
  • B.A., St. Joseph's University, 1966, Alpha Sigma Nu National Honor Society
  • California, all trial and appellate courts
  • U.S. District Court, Northern, Central, Southern and Eastern Districts of California
  • Ninth Circuit Court of Appeals
Overview
Honors
Experience
Publications & News
Memberships

Edward B. Lozowicki is of counsel in the Business Trial practice group in Sheppard Mullin's San Francisco office.

Areas of Practice

Mr. Lozowicki has over thirty-five years' experience in construction law and litigation, renewable energy cases, and complex commercial litigation.  He has tried numerous cases before federal and state courts and administrative agencies.  Additionally, Mr. Lozowicki has acted as an arbitrator and advocate in a large variety of domestic and international arbitration cases, including construction claims, energy claims, and real estate and commercial disputes.

In the construction industry, Mr. Lozowicki represents contractors on diverse private and government projects involving claims for delay, disruption, acceleration, extra work, changed conditions, construction defects,  mechanic's lien and bond claims, bid protests, and other matters.  He also defends contractors in False Claims Act, liquidated damages, and construction defect lawsuits.

For institutional owners and real estate developers, Mr. Lozowicki defends claims for breach of contract, mechanics lien, bond and stop notice rights, and counsels clients on insurance, bonding and contract drafting matters.  He also represents owners in real estate contract and lease litigation.

In the energy industry, he represents renewable energy developers and renewable owner-users in litigation of power purchase, fuel supply and other contract disputes, and regulatory proceedings before the California Public Utilities Commission.

In commercial litigation, Mr. Lozowicki represents technology and aerospace companies in a variety of commercial and international contract disputes involving such issues as unfair competition, business fraud, Uniform Commercial Code, letters of credit, trade secret and real estate issues.

Mr. Lozowicki's project experience includes highways, bridges and undersea tunnels; nuclear, geothermal, hydroelectric, fossil and cogeneration power plants; oil pipeline and power transmission lines; prisons, hospitals, schools and other institutional structures; refineries, chemical and industrial plants; high-rise office, apartment and condominium projects; military bases, ship-building and missile projects.  In his early career Mr. Lozowicki was corporate counsel to an international construction/building products company where he gained hands-on experience in the construction and energy industries.

  • Who's Who Legal: California, 2009
  • Recommended lawyer, construction law, PLC Which Lawyer, 2010-2012

Representative Clients

MidAmerican Energy Holdings Company, Flatiron Construction Corporation, Parsons Corporation, Therma Corporation, Lennar Corporation, Essex Property Trust, Eden Housing Corporation, Digital Realty Trust, Jensen Corporation, ARCO National Construction Co., MDE Electric, Co., ICOM Mechanical Co.

Published Appellate Decisions

Morris v. Horton, 27 Cal. Rptr. 2d 585 (1994); Owens Corning Fiberglas Corp. v. Center Wholesale, Inc., 788 F.2d, 541 (1986); In Re Center Wholesale, 759 F. 2d 144 (1985); Nickinello v. Roberson, 23 B.R. 804 (1982)

Representative Matters  |  Construction Litigation

Sacramento Railyards Project: Represented developer of multi-use project including re-alignment of Amtrak and light rail lines, new terminal building, residential, commercial and retail buildings and related infrastructure improvements. Project involved multiple funding sources including RDA, Proposition 1B and 1C, private and federal funds. Legal work included drafting of RFP's and contracts for demolition, grading and infrastructure improvements, and advice on Public Contract Code and state/federal regulatory issues. 

Maxim Semiconductor Plant: Represented general contractor in arbitration against owner of chip manufacturing plant in Silicon Valley. Client claimed breach of contract for delay, design changes and failure to pay progress billings. Owner cross-claimed for alleged incomplete work. After 15 days of hearings client won substantial award for damages, penalties, attorney and expert fees.  Judgment entered confirming award.

Stone Pine Meadows Project: Represented owner of apartment complex in construction defect lawsuit against general contractor and its subcontractors. Complex litigation involved multiple cross-claims and 25 parties. Case settled on eve of trial in client's favor including substantial damages and attorney fees recovery.  

Zinc Processing Facility: Represented international energy company in litigation against EPC contractor for breach of contract and construction defects in a hi-tech zinc processing facility in southern California. Contractor cross-claimed for alleged unpaid billings. Defeated petition for arbitration by contractor. Case settled on confidential terms in client's favor.

Palo Alto Veterans Administration Medical Center:  Represented mechanical contractor in Miller Act lawsuit against other contractors on contract claims for unpaid extra work, delay, disruption and acceleration.  Complex litigation with multiple parties and extensive depositions/discovery.  Case settled shortly before trial in client's favor, with recovery of damages and attorney fees.

Soledad City Hall/Police Headquarters: Represented general contractor in consolidated lawsuit by City alleging fraud, defective work, and False Claims Act violations, and seeking liquidated damages and penalties.  Contractor cross-claimed for damages due to delay and disruption, unpaid changes and extra work, and sought penalties for violation of the Prompt Pay Act.  Case settled on eve of trial with City dismissing its suit and paying substantial damages to Client.   

Coachella/Heber Transmission Line: Representation of group of geothermal power plant developers, in lawsuit against design-build team for defects in construction of 230 kV transmission line which collapsed during windstorms.  Complex multi-party case involving extensive discovery and substantial damages.  Case settled in Client's favor on confidential terms.

Geysers Unit No. 16: Represented prime contractor in lawsuit against owner regarding construction of new geothermal power plant. Client asserted claims of fraud in the bid documents, acceleration, disruption and design error. Complex case settled after "mini-trial" for substantial damages and attorneys fees.

Santa Clara County Hall of Justice:  Represented general contractor in lawsuit against County for extra work, delay and disruption due to design errors in construction of new high-rise prison.  Numerous parties were joined and multiple cross-claims were filed.  After extensive discovery, case settled pre-trial for substantial damages in Client's favor, and additional payments to subcontractors.

Naval Petroleum Reserve Building Complex: Represented earthwork subcontractor in arbitration of claims for unpaid progress payments, retention and change orders in construction of multi-building complex for federal government.  Won successful arbitration award including damages and attorneys fees and prevailed on appeal.

Valley Medical Center:  Represented general contractor in lawsuit against public agency for extra work, delay and disruption on construction of new Acute Psychiatric Facility.  Agency cross-claimed and added parties.  Case settled in Client's favor in mediation.

Representative Matters  |  Energy Litigation

Vulcan/B-N Power Company:  Represented developer/operator of four geothermal power plants in a lawsuit against a major utility for breach of power purchase contract.  The case concerned issues of contract interpretation, UCC provisions, fraud, antitrust and discrimination under FERC regulations. Defeated multiple motions to dismiss, and conducted extensive discovery.  Case settled after mediation in Clients' favor for mid-eight figures in damages.

Del Ranch/Elmore Power Plants:  Representation of developer/operator of two geothermal projects in contract litigation against major utility.  Claims involved price escalation provisions of power purchase agreements.  Case settled in Clients' favor pre-trial.

Nugget Hydro Electric Project:  Representation of a developer of a hydroelectric project in litigation regarding the utility's obligation to provide time extensions under the power purchase contract and wrongful contract termination.  Our favorable injunction against the defendant was affirmed on appeal.

Salton Sea Power Generation:  Represented the developer/owner of two geothermal power plants in lawsuit against utility for breach of contract involving deration and "clawback" issues arising from a force majeure event; and the formula for indexing energy price increases in the power purchase agreements.  Case settled pre-trial on favorable terms.

Salton Sea Unit No. 3:  Lawsuit against a utility for failing to make capacity payments, as required by contracts during force majeure occurrences.  Case settled pre-trial, after discovery and extensive negotiations, in Client's favor.

Representative Matters  |  PUC Regulatory Proceedings

QF Performance Proceeding:  Represented independent power producers regarding CPUC investigation of QF contract performance issues and practices, triggered by the "Energy Crisis".

Section 390 Implementation Proceeding:  Represented independent power producers on impact of CPUC's actions on SRAC pricing formulas and related issues raised by the "Energy Crisis".

Sayles Flat Hydroelectric Project: Represented developer in complaint proceeding in the PUC for declaratory and injunctive relief regarding the cost-sharing and scope of upgrades for interconnection facilities.

"Orphan Contracts" Proceeding:  Petitioned the PUC on behalf of three Qualifying Facilities for authorization to enter into power purchase agreements despite the suspension of Standard Offer 4 contract.  Relief granted for three projects.

QFMP Proceeding:  Representation of developers in the PUC rule-making hearings which adopted the Qualifying Facilities Milestone Procedure ("QFMP" case).

Articles

  • "Parsing Arbitration Provisions In Construction Contracts," Law360, January 20, 2012
  • Author, "A Model Litigation Plan for Construction Claims," Managing Construction Litigation: Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges (Aspatore 2009)
  • Author, "Energy Contracts: Negotiating Strategies for Added Value," Energy Law Client Strategies: Leading Lawyers on Litigation, Negotiating, and Industry Regulations (Aspatore 2007)
  •  Author, "Contracts, Claims, and Dispute Resolution," Construction Accounting Deskbook (CCH 2005)
  •  Author, "Electricity Restructuring – A New Ball Game" (Geothermal Energy Association, 1997)
  •  Co-author, Construction Law Manual (AGC of California, 1992)

BOOKS

  • Co-author, "Mechanics' Liens, Construction Bonds and Stop Notices" (Sheppard Mullin 2007)
  •  Co-author, "Presenting and Defending Construction Claims In California" (Lorman 2004)
  •  Co-author, "Design-Build/Turnkey Construction in California" (Lorman 2002)
  •  Author, "Binding Arbitration of Contract Disputes in California" (American Arbitration Association, 1988)

CONSTRUCTION & INFRASTRUCTURE LAW BLOG POSTINGS

REAL ESTATE & CONSTRUCTION LAW BLOG POSTINGS

Speeches

  • "Public-Private Partnerships: The New Wave in Infrastructure Construction", Construction Superconference, December 2008.
  • "Defective Specifications: Can the Spearin Doctrine Survive In A Design-Build World", CLE International Public Works Seminar, February 2008.
  • "Mechanics Liens, Stop Notices and Construction Bonds: Special Remedies in California", Associated Builders & Contractors Seminar, November 2007.
  • "Presenting and Defending Construction Claims in California", Lorman Education Services, October 2004.

Events

  • Member, Forum on the Construction Industry, American Bar Association
  • Member, Legal Advisory Committee, Associated General Contractors of California
  • Member, National Panel of Commercial Arbitrators, American Arbitration Association