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Bio

J. Kevin Moore is a partner at Poole & Shaffery's Northern California office. He has more than twenty years of experience representing clients in construction and commercial litigation matters. His clients include residential developers, residential and commercial general contractors, trade contractors, and construction material suppliers. Mr. Moore has significant experience in litigating construction and construction defect matters and advising clients concerning risk management, contract formation and negotiation, and insurance issues. He also represents a variety of corporate and individual clients in both litigation and transaction matters.

He has tried cases before various California Superior Courts and arbitration panels administered by the American Arbitration Association. He has also argued cases before various California Courts of Appeals.

Mr. Moore has authored articles for legal publications on a variety of issues including the use of alternative disputes resolution in construction litigation and the use of affirmative defenses for fiduciaries in ERISA litigation. He has spoken on construction and litigation topics, including S. B. 800 litigation and indemnity provisions in construction contracts. He also was an adjunct instructor for the University of California, Berkeley University Extension Program.

Mr. Moore is a member of the California State Bar and an inactive member of the State Bar of Virginia. He is admitted to practice before the United States Courts of Appeals for the Fourth, Ninth, and Federal Circuits; the United States District Courts for the Eastern District of Virginia, the Northern and Eastern Districts of California; and the United States Claims Court. He has also represented clients in matters before the various Boards of Contract Appeals, the Comptroller General for the United States, the American Arbitration Association, and private professional arbitrators and mediators.

Mr. Moore graduated from the University of Virginia in 1983 with a B.A. degree in Government and from the Wake Forest University School of Law in 1986 with a J.D. degree. While at Wake Forest, he was on the staff of the Wake Forest Law Review and was a member of the Litigation Clinic Program serving in and trying cases for the Forsyth County District Attorney’s Office.

Mr. Moore is a member of the Association of Defense Counsel for Northern California and Nevada and the Alameda County Bar Association. He has been active in community affairs serving numerous years as a volunteer coach for the Walnut Creek Youth Association.

Employment
  • Defended general contractor in Federal court in Sacramento in action concerning alleged defects in warehouse, resolved claims of in excess of $4 million for less than $1.5 million

  • Defended general contractor in state court in San Francisco in action concerning alleged defects in public housing project

  • Defended general contractor in state court in San Jose in action concerning alleged defects in sewage treatment plant laboratory building, resolved claims in excess of $2 million for less than $500,000

  • Represented general contractor in private mediation concerning damage to sewage treatment plant from alleged inflow and infiltration in storm and sanitary sewer systems, resolved claims in excess of $1 million for less than $50,000

  • Prosecuted action in San Mateo on behalf of general contractor against subcontractors for indemnity for defective painting in a nautorium, recovered monies paid by general contractor to remedy subcontractors' defective work from subcontractors

  • Represented general contractors and developers in formulating responses to environmental and fungal claims in commercial, residential, and school construction

  • Defended subcontractor in Federal court in Sacramento in action concerning alleged defects in resort complex, resolved claims totaling over $12 million for less than $3 million

  • Defended subcontractor in state court in San Diego in action concerning alleged defects in condominium complex, resolved claims totaling over $17 million for less than $1 million

  • Defended residential developer in S. B. 800 arbitration concerning drainage and construction defects, prevailing on a motion for a directed arbitration award

  • Defended residential developer in arbitration concerning pre-closing default, prevailing after full hearing

  • Represented general contractor in state court action in Orange County concerning alleged defects in office building, resolved claims approximating $3 million for $50,000

  • Represented general contractor in state court action in Modesto concerning alleged defects in office building, resolved claims totaling in excess of $6 million for less than $2 million and obtaining a recovery for the general contractor on its retention claim

  • Defended developer and general contractor in state court action in Oakland concerning alleged defects in the construction of a lot for a "spec" home, obtained favorable ruling on motions for summary adjudication which resulted in claims totaling more than $10 million being resolved for less than $1 million

  • Defended entity which sold "shelf" condominiums in state court action in Oakland concerning alleged defects in units and common areas, obtained favorable ruling on motions for summary adjudication which resulted in claims against client being favorably resolved

  • Defended subcontractor in trial in Napa concerning alleged defects in resort complex, defended motion for summary adjudication on the issue of the duty to defend and prevailed on motion for summary adjudication on issue that subcontractor owed no defense or indemnity obligation to the general contractor based upon the indemnity language in the subcontract, ruling resulted in resolution of claims in excess of $500,000 for less than $30,000

  • Represented residential developer in negotiations with subcontractor insurance companies concerning wording of additional insured endorsements

  • Represented subcontractor in state court action in San Francisco recovering additional sums from general contractor for unpaid change orders

  • Represented residential developers and general contractors with respect to the drafting of contracts and subcontracts

  • Represented manufacturer of concrete product in state court action in Santa Rosa with respect to alleged defect and environmental claims, prosecuted motion for summary judgment and obtained dismissal of case against client for a waiver of fees and costs

  • Defended subcontractor in subrogation claim in state court action in San Diego, resolved matter with subcontractor obtaining reimbursement of attorneys' fees and dismissal with prejudice

  • Represented subcontractor in resolving a sub-subcontractor's stop notice claim on a state public contracts matter.

  • Represented a client in reforming a public contract with a school district to obtain payment for client for services provided and materials supplied.

  • Represented product manufacturer and installer in complex litigation involving both state court action and private arbitration on construction defect claims concerning product and its installation.