“My goal is to identify the most valuable resolution for my clients and select the approach that will get us to that resolution as quickly as practicable.”
Liam K. Malone is a trial attorney and outside general counsel located in the California Bay Area. Mr. Malone’s practice focuses on representing construction industry clients, engineers, architects, real estate brokers, and property owners. His clients include some of the largest national and international design firms, California based businesses, and sole proprietors. Liam has extensive litigation experience in proceedings in state and federal court, as well as a number of arbitrations throughout California.
Liam has defended claims in excess of $50 million, prosecuted and recovered millions on payment and performance bond claims, negotiated A&E contracts for both public and private works with construction costs approaching $1 billion, and regularly counsels clients on day-to-day business risk issues, employment, and corporate matters.
Liam is a board member of the Bay Bridge Chapter of the American Council of Engineering Companies, chairing the Grassroots Committee focused on legislative outreach on behalf of the design professional community. He regularly presents to professional groups on matters of risk management, claims defense, and policy issues affecting the A&E and construction industries.
J.D. | University of California Hastings College of the Law
B.A. | University of California Berkeley
American Institute of Architects
American Council of Engineering Companies
California
Oregon
United States District Court, Northern District of California
United States District Court, Eastern District of California
United States District Court, Central District of California
Successful Defense of Developer Claim. Liam represented a geotechnical engineer sued by a developer related to claims by over fifteen homeowners related to allegations of deficient construction, design, and inspections. Originally, the developer sought over seven figures from Liam’s client. After two years of litigation and a successful Motion for Summary Adjudication, the developer agreed to pay Liam’s client over six figures- more than double what was contributed in settlement to obtain a waiver and release.
Affirmative Recovery After Defense of Claim for Prime Architect. Liam represented the prime design architect in a Design-Build project for a new commercial center in Northern California. The Design-Builder sought $4 million in damages from Liam’s client. After winning multiple critical discovery motions, Liam was able to obtain previously withheld evidence that turned the $4 million suit into the Design-Builder paying Liam’s client mid-six figures.
Engineering Contractor Trial Success. Liam represented a general engineering contractor as a plaintiff in a suit to recover over seven-figures from a supplier that sold his client defective materials, while at the same time pursuing a parallel bad faith action in federal court against the OCIP insurer that denied his client's claim. After settling with the insurer for six-figures, Liam tried the case against the supplier. Liam called the defendant's president as an adverse witness in his case-in-chief, eliciting an admission of liability in front of the jury, resulting in the case settling for over ten times the value of the offer made the week before trial started.
Dismissal of Cross-Complaint against Engineer. Liam represented a structural engineering client sued by the architect on a cross-complaint in a multi-million-dollar dispute related to a public works project in Santa Barbara County. After a multi-state investigation into the architect, LMM determined that the architect had failed to maintain its ability to transact business in California, had been dissolved in the state where it was formed, and thus had no standing to sue LMM’s client. Through novel motion practice, first to dismiss the architect’s cross-claims, then to dismiss the intervening insurer’s claims, LMM secured orders dismissing the case entirely as to their client.
Representation of Real Estate Brokerage. As outside general counsel for a real estate brokerage, Liam and LMM navigated risk management pitfalls and regulatory matters ranging from employment issues, personal injury, contract negotiations with public and private clients, insurance matters, and licensing regulations to successfully guide their client through novel risks facing brokers in California and its ever-changing legal framework and lingering Covid impacts.
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