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Matthew W. Quall

Matthew W. Quall

    Contact Information:
  • Phone: 559-228-6700
  • Fax: 559-228-6727
  • Send Email

Special Recognition:

Biography

Matthew W. Quall co-manages the Business and Construction Litigation Department of Lang, Richert & Patch. He practices commercial litigation with an emphasis on construction litigation. For the past three years, he has received the distinction of being listed as California Superlawyer Rising Star in the field of construction litigation, representing the top 2.5% of attorneys in Northern California. He has achieved an AV Preeminent Peer Review rating.

His construction practice involves successfully litigating major and complex construction cases on behalf of his clients regionally and throughout the state. He has extensive experience and continuing involvement in all phases of the construction industry, representing general contractors, subcontractors, owners, developers, suppliers and design professionals on public and private works projects, pre-bid through final claim resolution. Matthew has litigated and successfully tried to verdict and award construction delay and/or acceleration claims; claims involving differing site conditions, extra work, construction defects, and design defects involving architects and engineers. He has had numerous successes in public works bid protests and represents general contractors and subcontractors on bond claims, mechanic’s liens and stop notices.

In addition to representing clients in construction-related cases, Matthew represents clients in complex business disputes involving allegations of breach of contract, fraud, breach of fiduciary duty and the defense and recovery of lost profit and direct and consequential damage claims. He represents local, regional and national lenders and banks, enforcing secured and unsecured transactions, seeking provisional relief such as the appointment of receivers, injunctive relief, and writs of attachment and execution. He also manages the firm’s creditor rights practice (Consumer Division), which has resulted in the recovery of over $10 million dollars.

Matthew’s experience involves representing clients through all avenues of litigation, including the judicial system, mediation and arbitration.

Education

  • B.A., Yale University (1993)
  • J.D., Emory University (1996)

Affiliations

  • California Building Industry Association
  • Associated General Contractors of California
  • American Institute of Architects
  • Member, ACA International
  • Member, Association of Credit and Collections Professionals
  • Member, National Association of Retail Collection Attorneys
  • Member, Fresno County Bar Association
  • Member, American Bar Association
  • Member, California Bar Association

Professional Recognition

  • Martindale-Hubbell Rating: AV
  • Rising Star: Selected as Northern California Rising Star for 2009, 2010, 2011 representing the top 2.5% of Lawyers in Northern California.

Professional Experience

From construction litigation and complex business litigation to lender representation and enforcement of creditor’s rights, the following cases are illustrative of Matthew’s experience.

    Construction Law Cases:

  • 35 Million Dollar Fresno Yosemite International Airport Construction Dispute, involving the representation of general contractor pursuing acceleration and delay, extra work and lost profit claims against the City of Fresno. The lawsuit involved the prosecution and defense of pass-through and direct claims of subcontractors, suppliers and claims for breach of implied covenant of good faith and fair dealing, design defects and violation of California Prompt Payment Statutes.
  • 30 Million Dollar Stadium Construction dispute, involving the representation of general contractor pursuing acceleration and delay claims, extra work and lost profit claims against the City of Fresno on direct and pass-through claims of its subcontractors, in addition to defending against direct claims by subcontractors for breach of contract, extra work and acceleration claims.
  • 5 Million Dollar School Construction Dispute, involving the representation of general contractor against subcontractor claiming delay, acceleration, extra work and design defect claims.
  • 3 Million Dollar School Construction Dispute, involving the representation of general contractor against school district pursuing extra work, delay and acceleration claims.
  • 2 Million Dollar Design Defect Dispute involving a parking garage with allegations of structural and aesthetic defects stemming from improper concrete admixture design and structural design defects.
  • Dispute involving a ten million dollar waste water treatment facility for the City of Fresno.
  • Wastewater Treatment Plant involving changed conditions resulting in One Million Dollar cost overruns
    Road Construction and Engineering involving County of Fresno resulting in delay damages, extra work and acceleration claims on behalf of general engineering contractor.
  • Subdivision Construction Project resulting in multi-million dollar award for contract damages, delay damages, extra work and acceleration claims on behalf of general engineering subcontractor.
  • Multiple subdivision improvement bond claims inuring to benefit of large landscaping contractor responsible for installing offsite improvements on failed developments.
  • Represented clients in connection with major wastewater collection and treatment plants, disposal systems, onsite and offsite infrastructure improvements, roadway projects, asbestos and demolition contracts, numerous public housing projects, public administration and courts building, theatres, and other large public and private works.
    Lender Representation/Creditor Rights Representation and Illustrative Cases:

  • Successfully resolved multiple secured and unsecured transactions through litigation, resulting in millions of dollars collected in distressed and/or defaulted commercial loans
  • Successfully litigated adversarial proceedings in Bankruptcy Court, resulting in the determination of millions of dollars in non-dischargeable debts
  • Successfully resolved disputes involving obtaining the appointment of receivers and preliminary injunctions on behalf of lenders and litigation in the State, Federal and Bankruptcy Court ultimately resulting in favorable work-out agreements.
  • Successfully resolved forgery and fraud case, involving escrow officer/guarantor malfeasance
  • Successfully represented mortgage companies in connection with defaulted loans/promissory notes
  • Extensive knowledge and experience in FDCPA/Rosenthal Act and application to consumer collection actions
  • Represents national creditors and debt buyers, managing firm’s consumer collection division
    Representative Complex Business Cases:

  • Successfully resolved Trademark Infringement case involving permissible use of metadata and metatags in online marketing and advertising
  • Successfully defended putative class actions and individual actions asserting FDCPA claims and related state law claims against creditors, debt buyers, law firms, finance companies and collection agencies.
    Insurance Coverage:

  • Owners, General Contractors, Subcontractors, Design Professionals, Construction Managers
  • Insurers and Insureds:
    Represented insureds in numerous insurance coverage disputes from title policies, design professional insurance policies, environmental insurance policies, to CGL, marine, builders risk and all-risk insurance policies.

Prior Legal Experience

  • District Attorney’s Office, Contra Costa County, Martinez, California
    Deputy District Attorney, November, 1996 – February, 1999 Responsible for all phases of criminal prosecution. Tried over 25 jury trials to verdict; hundreds of court trials and contested motions.