Matthew Mendoza

Practice Areas

Construction Law

Construction Litigation

Insurance Coverage

Insurance Recovery

Business, Corporate and Commercial Litigation

Appellate Proceedings Litigation

Commercial Contracts

Public Law

Tort, Accident and Product Liability Litigation

Career

Matt Mendoza is a Litigation Partner and a leader of Calfee's Construction practice. His practice is focused in the areas of construction law, insurance coverage, products liability, toxic tort litigation and general business litigation.

Matt has extensive experience in all aspects of litigation, and he represents clients regularly in state and federal courts, as well as in negotiations, mediations and arbitrations. His trial experience includes construction, tort, trade secret, merger and acquisition, and other business matters.

In addition to his dispute resolution work, Matt also counsels clients in connection with matters and transactions involving construction and/or insurance-coverage issues. He is experienced at drafting and negotiating contract documents and other documents for both private and public construction projects. He also has experience drafting insurance procurement requirements, indemnification agreements and other risk-transfer provisions in contracts, and he regularly advises clients regarding insurance coverage issues in a variety of other contexts. He speaks regularly at seminars and other public forums concerning construction, insurance and product liability issues.

Matt is a member of both the American Bar Association Forum on Construction Law and the John M. Manos Inn of Court.

Professional Memberships

American Bar Association, Forum on Construction Law, Member

John M. Manos Inn of Court, Member

The Judicial Conference of the Eighth Judicial District, Life Member

Expert in these Jurisdictions

Ohio

Experience

Representative Construction Matters:

Assisted a joint venture formed by local developers focused on a $100 million project with drafting and negotiating a construction management agreement with a national construction company and an architect agreement with the architecture firm for the construction and design of a 200,000+-square-foot, mixed-use development comprised of a multi-story tower and multi-story above-grade parking garage. The tower includes multiple lobbies, 100+ residential units, rooftop amenities including a restaurant, and 100+ hotel rooms.

Drafted documents for a large Midwestern county relating to the design and construction of a unique healthcare facility. The documents Calfee drafted included request for qualification documents for the provision of project commissioning services as well as the consultant agreement for the provision of commissioning services for the project. The County also utilized other documents for the project, which Calfee previously prepared for the County, including a set of documents for projects involving the construction manager at-risk project delivery method applicable to public project owners under Ohio law. The prior set of documents included requests for qualification, requests for proposals, other front-end bidding documents and forms, the construction management agreement, an owner’s representative agreement, and other consultant agreements. The County has used the documents prepared by Calfee for major infrastructure projects. Calfee drafted the documents in such a way that the County will be able to utilize them for other projects in the future with fairly limited modifications.

Represented a large transportation and logistics company in the drafting and negotiation of a design-build agreement with a commercial and residential construction company, for the design and construction of a trucking terminal facility.

Assisted a management group with oversight of numerous aquatic facilities with negotiating and drafting a general contractor agreement between the project owner and the construction company for the construction of an aquatic facility.

Represented a private real estate development and management company in drafting an architect agreement with an architecture firm for a new mixed-use project (i.e., residential apartments combined with retail and commercial spaces).

Assisted a nonprofit healthcare organization with drafting contracts relating to the design and construction of a new 10,000 square foot healthcare facility. To date, we have assisted with reviewing, negotiating, and drafting agreements with the architect for the project and the interior designer.

Representing an American manufacturing company in arbitration against a design and construction firm, as well as a related claim against an insurance company, under a construction performance bond that the insurance company issued as the design and construction firm surety. The design and construction firm was the general contractor for a large construction project at one of the client's production facilities . The client terminated the design and construction firm’s contract, made a claim under the insurance company's performance bond, and alleges that the design and construction firm breached the contract by failing to complete the work within the time required by the contract, defective work performed by the firm and its subcontractors, and other reasons. The design and construction firm filed an arbitration demand against Calfee's client alleging that the client company wrongfully terminated firm and that the firm is entitled to payment. Calfee's client filed a counterclaim in the arbitration. The design and construction firm also filed a lawsuit against Calfee's client in state court to foreclose a mechanic’s lien that the firm filed against the property where the project is located. Calfee attorneys were able to secure a stay of the litigation in state court pending the outcome of the arbitration.

Represented a general contracting company client in an arbitration filed against a roofing company. Our client was the general contractor for a construction project for the repair and replacement of the roofing systems for two public high schools. The roofing company was our client’s subcontractor on the project and was responsible for completing its scope of work within 162 days. Our client terminated its subcontract with the roofing company and alleged that they breached the subcontract in multiple ways, including failing to adequately staff the project and complete the work in a timely manner, failing to perform the work in accordance with the standards of a top-tier firm in the construction industry, and failure to comply with safety laws and regulations. The roofing-company subcontractor counterclaimed asserting that it was owed unpaid sums under the subcontract. Calfee also represented the client’s surety, a Fortune 100 insurance company, in a related lawsuit. Prior to the client’s filing of the arbitration discussed above, the roofing company subcontractor sued the insurance company in U.S. District Court for an alleged breach of a payment bond the surety issued as surety for the school’s construction project. Calfee successfully moved the court to stay this payment bond litigation pending the resolution of the arbitration.

Representing a manufacturer of building products in a matter involving a payment bond claim and related litigation with a construction industry insurance company. Calfee's client sold more than $1 million of construction products to its customer to install as part of a construction project for a U.S. government entity. The customer purchasing the construction products was a subcontractor to the project. After the subcontractor failed to pay for the products delivered to the project, Calfee's client made a claim under a payment bond, which was issued by the insurance company to guarantee payment by the subcontractor. After Calfee's client made the claim against the insurance company payment bond, the insurance company filed a lawsuit in United States District Court asserting claims against the subcontractor alleging that they fraudulently induced the insurance company to issue the payment bond. The insurance company also has filed a declaratory judgment claim against Calfee's client seeking a declaration from the court that it is not obligated to make payment to Calfee's client under the bond. Calfee represents our client in the lawsuit and has filed counterclaims against the insurance company for breach of contract and a declaratory judgment that the insurance company is obligated to make payment to our client under the bond.

Assisted a publicly traded wholesaler with negotiating and drafting an agreement between the client’s subsidiary and a global service provider to resolve issues and disputes relating to a large design-build project for the $100+ million expansion of the client’s subsidiary’s production facility.

Representing a leading electronics supplier in relation to payment disputes and other disputes with the design-builder for a project involving the design and construction of a warehouse.

Representative Insurance Coverage Matters:

A publicly traded, Fortune 100 corporation filed two lawsuits against our client, an Ohio manufacturing company, in federal courts in two states. The Plaintiff's claims against our client involved allegations that construction material, which the Plaintiff purchased from our client and installed in its retail stores, was defective and had caused alleged damages. The lawsuits involved more than 50 retail stores located throughout the country. Following a confidential settlement between the Plaintiff and our client, Calfee now represents the client in an insurance coverage litigation in the United States District Court against its three insurance companies. These lawsuits were the most significant that the client has ever faced, and the insurance claims will involve the interpretation and application of key controversial, recent Ohio Supreme Court precedent regarding coverage triggers and compensable property damage, with the coverage case potentially establishing new law exploring the boundaries of that precedent.

Education