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Christopher M. Rogers

Phone: (949) 247-7971

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Chris Rogers represents prime contractors, subcontractors, design professionals and owners on public and private construction projects throughout the country.  Chris’ practice includes transaction work, project level counseling and advice, claims, dispute resolution and litigation.

Chris is regularly engaged during project performance to provide timely legal advice to resolve day-to-day construction issues and disputes, minimize risk, and assist his clients in preparing documentation for future claims.  Chris also has extensive experience prosecuting and defending a broad range of construction related claims and disputes, including construction defects, bid disputes and protests, delays, disruptions and inefficiencies, acceleration, differing site conditions, change orders and extra work, and terminations, in arbitration, state and federal courts. 

Chris is experienced with all types of project delivery systems, including design-bid-build, design-build, construction manager at risk and public-private partnerships, as well as various contracting and pricing methods, including lump sum, cost plus, GMP, and best value procurement.

Chris brings to his legal practice more than six years of hands-on construction experience, having worked as a Civil Engineer and Estimator for Modern Continental Construction in Boston, Massachusetts, where he also served as Corporate Counsel.  Chris also served on active duty in the in the U.S. Navy, where he served as a Judge Advocate and reached the rank of Lieutenant Commander.

Representative Experience 

Obtained $3.3 million award on behalf of general contractor client against private owner, including contract balance, extra work claims, prompt payment penalties, and 100% of attorney’s fees and litigation costs.  Defeated owner’s $10 million counterclaim in its entirety.

Represented deep foundation/caisson contractor in $1.5M differing site conditions claim against public agency.  Following a month-long jury trial, client received an award for the full amount of its claim, plus interest and attorneys’ fees.

Represented heavy civil contractor in differing site conditions claim against public agency.  Recovered 90% of client’s claim through settlement at mediation.

Represented engineering contractor in wrongful termination case against public agency.  Obtained settlement payment to client and rescission of termination for cause.

Represented heavy civil contractor in successful bid protest which resulted in award of $72M contract for client.

Represented heavy civil contractor on $1 Billion design-build highway project.

Represented numerous clients in successfully pursuing and defending bid protests on competitively bid public works projects ranging in value from $200,000 to hundreds of millions of dollars.

Litigated, arbitrated and mediated numerous construction and engineering disputes on behalf of clients on a wide variety of projects, including highways, tunnels, bridges, airports, water treatment plants, hotels, hospitals, schools, retail centers, commercial and office buildings, and multi-family housing and apartments.

Obtained $8.8 Million award for design/build hospital contractor, and successfully defended client against $37 Million claim by owner, on a $300 Million design/build hospital project.

Memberships and Affiliations

  • Construction Lawyers Society of America
  • Massachusetts Bar Association
  • Orange County Bar Association
  • American Society of Civil Engineers

Published Decisions

  • Condon-Johnson & Associates v. Sacramento Municipal Utility District (2007), 149 Cal. App. 4th 1384.

Publications and Presentations

  • Author: “Update on Differing Site Conditions in California, Part II," Watt, Tieder, Hoffar & Fitzgerald Newsletter, 2007.
  • Author: Chapter on "Unexpected Subsurface Conditions and the Differing Site Conditions Clause," Aspen Construction Law Update, 2007.
  • Author: “Update on Differing Site Conditions in California: Can Public Entities Disclaim Subsurface Conditions in Light of Public Contract Code §7104?” Watt, Tieder, Hoffar & Fitzgerald Newsletter, 2006.
  • Speaker: California Construction Claims, WTHF seminar, multiple locations 2005-2010
  • Speaker: Mechanic’s Liens, WTHF seminar, Irvine, California 2008
  • Speaker: Proving Construction Contract Damages, Irvine, California 2011
  • Speaker: Differing Site Conditions Claims, Irvine California 2007

Military Service

  • Lieutenant Commander, U.S. Navy (Active Duty 1994-2000; Reserve Duty 2000-2006)