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Brent N. Mackay

Phone: (949) 247-7974

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Brent Mackay is an experienced litigator whose practice focuses on construction and surety law matters. He has represented owners, construction managers, contractors and sureties throughout the United States in connection with a diverse range of public and private construction projects, including: bridges, residential subdivisions, elementary schools and universities, libraries, student housing, research facilities, materials recovery facilities, sewer pipelines, and power plants.

Brent has assisted clients in the preparation and defense of various claims relating to delays, changes, extra work, defective plans and specifications, defective workmanship, differing site conditions, bid protests and insurance issues. He has also handled numerous payment and performance bond claims, as well as the negotiating and drafting of settlement agreements.  

Representative Experience 

Brent has successfully represented clients in resolving complex litigation matters, including:

  • Award of $3.8 million on behalf of developer client against general contractor for deficient steel fabrication and delays on a bridge project. Award included attorney and expert fees.
  • Award of $3.4 million against school district for wrongfully withholding contract funds, and successfully defended against claims by district for liquidated damages and cost overruns.
  • Arbitrated breach of contract dispute and obtained an award in favor of general contractor client for 87% of its claim against a county sanitation district.
  • Obtained $4.5 million settlement for general contractor for owner-caused delays resulting from defective plans and specifications, extra work, differing site conditions and excessive inspections.
  • Successfully defended surety against $12.3 million breach of performance bond claim relating to allegedly defective university building and obtained settlement favorable to client.
  • Obtained favorable settlement for residential homeowner against re-pipe company and its insurer for negligent failure to properly remediate asbestos.

Publications and Presentations

Author: Selecting And Drafting The Standard of Review For Arbitration Awards In California, Watt Tieder Newsletter, Summer 2016

Contributing Author: Types of Recoverable Costs/Damages (Ch. 7) and Calculating and Proving Damages, California Construction Law, HLK Global Communications, Inc.