Timothy M. Truax

  • Sole Practitioner


El Segundo, CA





Experienced construction and real estate attorney, practicing all aspects of construction law, including litigation, arbitration and alternative dispute resolution, contract drafting, and general advice.  Recognized for more than 10 years as one of the leading construction lawyers in Southern California.  Matters handled involve commercial, industrial, infrastructure, residential, retail, hospitality, educational and other projects; both public and private.  Comprehensive understanding of construction industry.  Emphasis on negotiated resolution of disputes without the expense of litigation.  Service as arbitrator/mediator and expert witness in construction disputes.

Representative matters include contract drafting and negotiation of construction and design contracts for major commercial, entertainment, residential and mixed-use projects, for both owners and contractors.  Regularly advise developers, general contractors and others concerning legal, contract and insurance issues.  Serve as personal counsel for clients in construction and design defect cases, overseeing work of defense counsel, working with insurance carriers and advising as to strategy.  Participate in lobbying for and against legislation affecting construction industry, including revising pending bills and testifying before legislative committees.

Experience includes numerous construction defect (residential and commercial), professional liability (error & omission), delay and disruption, mechanic's lien and stop notice, and disputed change order matters.  Tried or arbitrated 12 construction cases to judgment/award, almost all as first chair.

Extensive general litigation experience, including products liability, personal injury, real estate, environmental, commercial and employment matters, with four such cases tried to judgment/award.

Transactional experience includes real estate purchase and sale, land use/entitlements, loan documentation, and leasing matters.

Areas Of Practice

  • Construction Law 75%
  • Real Estate Law 10%
  • Arbitration/Mediation Neutral 10%
  • General Civil Litigation 5%

Bar Admissions

  • California, 1985
  • U.S. District Court Central District of California, 1986
  • U.S. Court of Appeals 9th Circuit, 1999
  • U.S. District Court Southern District of California, 1986


  • University of Southern California Law Center, Los Angeles, California
    • J.D., Doctor of Jurisprudence - 00/1985
  • San Jose State University, San Jose, California
    • B.A., Bachelor of Arts - 00/1982
    • Honors: With Distinction
    • Major: Journalism

Representative Cases

  • Basura v. U.S. Home Corp., 98 Cal.App.4th 1205, 2002, CA Ct. Appeal
  • Brooklyn Navy Yard Cogeneration Partners v. Superior Court (Parsons Corp.), 60 Cal.App.4th 248, 1999, CA Ct. Appeal

Representative Clients

  • The Whiting-Turner Contracting Company
  • Centre Builders, Inc.
  • Cannon Building Services, Inc.
  • DKN Hotels LLC
  • Sanchez Bros. Construction, Inc.
  • AEW Capital Management, L.P.
  • The Carlyle Group
  • Thompson Metal Fabrication, Inc.
  • PCL Construction Services, Inc.
  • Kornwasser Shopping Center Properties, LLP

Classes / Seminars

  • Presentation, Lorman Education Services: Design-Build/Construction Management , 2014
  • Presentation, Lorman Education Services: Managing Construction Project , 2014
  • Presentation, ABA Forum Committee on Construction Law: Local Hiring Ordinances, 2013
  • Presentation, AGC of California: Insurance and Indemnity, 2012
  • Presentation, Lorman Education Services: California Construction Lien Law, 2012
  • Presentation, Los Angeles County Bar Association: Indemnity & Insurance, 2012
  • Presentation, Lorman Education Services: 2007 Version of AIA Contracts, 2009
  • Presentation, PCL Construction Services, Inc.: Labor Compliance Under California Law, 2008
  • Presentation, Bond Companies: Construction Law in California, 2005

Honors And Awards

  • Associated General Contractors of California Associate Achievement Award
  • Super Lawyers
  • America's Leading Lawyers for Business, Chambers USA
  • Best Lawyers
  • Who's Who Legal: Construction
  • Best Lawyers, Lawyer of the Year - Construction Litigation/Los Angeles
  • Martindale Hubbell - AV Preeminent Ranking

Professional Associations And Memberships

  • American Bar Association (Forum on Construction Law), Member, 1993 to Present
  • Los Angeles County Bar Association (Real Property Section, Construction Law Subsection), Member, 1986 to Present
  • Associated General Contractors of California (Legal Advisory Committee, Legislative Committee, State Board of Directors, Building Division Board of Directors, AGCC PAC), Member, 1992 to Present

Past Employment Positions

  • Thelen, Marrin, Johnson & Bridges, Associate/Partner, 1985 to 1998
  • Cox, Castle & Nicholson LLP, Senior Counsel/Partner, 1998 to 2007