Lanak & Hanna P.C. » Successful Representation

Successful Representation

The experienced litigation and trial lawyers at Lanak & Hanna, P.C. have successfully represented clients in both state and federal court, at the trial and appellate levels Our successes include numerous complicated and challenging cases, including the following:

Bid Protests

Convinced city manager, city attorney and public works department to permit withdrawal of bid after verbal notice of lowest bid on basis of mistake saving client over $900,000.

Successfully protested a non-responsive bid for a multi-million dollar construction project at John Wayne Airport in Orange County, California.

Defended the award of a contract for a high school construction project in Palm Desert, California against a bid protest challenge to the Board of Education by the second lowest bidder.

Subcontractor Substitutions

Represented general contractor in securing permission to substitute non-performing subcontractor on public works project.

Mechanics Liens

Represented material supplier in lawsuit to foreclose mechanics lien and enforce stop notice against lender, which resulted in significant payout to supplier after mediation.

Successfully represented two mechanics’ lien claimants through trial obtaining judgment for full amounts against defense by lender of equitable subrogation, where refinance lender sought to wipe out intervening mechanics’ liens by claiming priority.

Jury verdict for material supplier on disputed personal guaranty where debtor had filed bankruptcy leaving only personal guarantor liable, resulting in full recovery of quarter-million dollar debt.

Obtained foreclosure judgment for paving subcontractor on a lessee’s leasehold interest in property located on major port. Lessee refused to pay for work, believing it would be impossible to foreclose lien on port property (public property), based on leasehold interest. After successfully instituting foreclosure proceedings and a sale date was set, obtained settlement payment of full amount owed.

Stop Notices and Bond Claims

Sued prime contractor, agency and payment bond surety for balance due on city project and to foreclose stop notice; settlement resulted in 100% payment to subcontractor together with interest on claim and attorney fees.

Represented material supplier in lawsuit against surety to enforce payment bond claim resulting in full payment of claim, interest on claim and all attorney fees and costs incurred by material supplier.

Jury verdict in favor of subcontractor against general contractor on public works project, based on disputed oral agreement, recovering full subcontract price, interest, prompt payment penalties and attorneys’ fees. Successfully defended decision on appeal, with recovery to client in excess of 250% of original contract sum.

Extra Work

Recovered over $500,000 on behalf of a glazing contractor against general contractor and developer for extra work on large condominium project in Orange County, California.

Successfully represented a drywall subcontractor in a collection action for change order work against a general contractor on a shopping mall renovation in Orange County, California.

Construction Defect

Defended glazing subcontractor against developer and general contractor in a construction defect action resulting in a dismissal of case and no loss to the subcontractor.

Obtained and levied quarter-million dollar writ of attachment on behalf of client who furnished laborers on the project against San Diego hotelier, resulting in immediate settlement of action

Surety Representation

Obtained in excess of a million dollar jury verdict for surety, against a general contractor, who hired a replacement contractor and failed to turn over contract balance to surety for completion of project, and its bond principal, for indemnity, collectively, asserting the right to an equitable lien on the recovery of the surety’s bond principal against the general contractor. Realized $1,150,000 settlement paid by general contractor during appeal.

Recovered millions of dollars on behalf of sureties in subrogation proceedings.

Performance Bond Claim

Judgment for general contractor against subcontractor and subcontractor’s performance bond surety. On appeal, obtained joint and several award of damages and attorneys’ fees against the subcontractor’s surety and also was awarded costs on appeal, including attorneys’ fees, all paid by the surety at the conclusion of the appeal.

Pre-judgment Writ of Attachment

Obtained right to attach orders against individual debtors for $1.3 million and subsequent judgment for $1.3 million against corporation and individuals, as well as for possession of property, based on a business loan agreement, security agreement, and commercial guarantees.

Obtained and levied quarter-million dollar writ of attachment on behalf of client who furnished laborers on the project against San Diego hotelier, resulting in immediate settlement of action.