Overview

Anthony Niccoli has extensive experience representing contractors, subcontractors, material suppliers, and owners for a full range of construction issues, including licensing, contract drafting and negotiations, bid disputes, responsive and responsibility issues, change order disputes, terminations, and indemnity obligations and claims. In addition, he handles breach of contract actions such as delay, disruption, acceleration, mechanics’ lien, stop payment notice, payment bond actions, including Federal claims and Miller Act Bonds, and labor issues.

Mr. Niccoli has obtained hundreds of favorable outcomes for his clients through litigation, mediation, arbitration, and settlement. He has worked on cases concerning large construction projects such as the Pasadena Power Plant, new school construction and modernizations, and the River at Rancho Mirage. Mr. Niccoli has also represented contractors before the Contractor’s State License Board. Mr. Niccoli is currently the chairperson of the Engineering Contractor’s Association Legal Committee and has been a member of the Board of Directors for over ten years, and the Chairperson of the Legal/Legislative Committee for the Southern California Chapter of the Construction Management Association, In 2020, Mr. Niccoli will commence his sixth year on the Los Angeles/Orange County Board of Directors for the Associated General Contractors. Mr. Niccoli is also the Legal/Legislative Committee Chair of the Construction Management Association of America.

Honors & Recognitions

In 2010 and 2012, Mr. Niccoli was recognized for giving the best legal presentation in an all-day legal seminar hosted by the Engineering Contractor’s Association. Both years featured nine speakers, comprised of lawyers and expert witnesses.  Mr. Niccoli is the chair of the Engineering Contractor’s Association Legal Committee. 

     

Representative Matters

  • Obtained a complete victory after a three-week trial, including award of principal, interest, costs, penalties, and attorney fees against prime contractor and owner on a claim for breach of contract arising from significant scope of work changes, failure to pay, and violation of the covenant of good faith and fair dealing. Completely defensed the prime contractor’s cross-complaint
  • Obtained a complete victory including an award of principal, interest, and costs on behalf of a prime contractor for the full amount of the claim against CalTrans
  • Obtained an arbitration award of principal, interest, penalties, costs, and attorney fees against an international Fortune 500 homebuilder for wrongful termination and breach of contract
  • Obtained judgment after a bench trial on behalf of an owner against a contractor for breach of contract and breach of warranty
  • Represented developer in a ten day jury trial on claims of fraud and breach of contract
  • Successfully defended a claim in arbitration against a state-wide HVAC contractor for damages and removal of the entire HVAC system
  • Obtained seven-figure judgment on behalf of a national company on summary judgment and successfully defended the judgment on appeal before the Ninth Circuit
  • Successfully litigated a case against a construction company for Violation of the False Claims Act at Government Code §12650, et seq.
  • Represented state-wide construction company in a breach of contract action, recovering 100% of the client's settlement demand on the eve of trial, after preparing the witnesses and evidence
  • Secured a favorable $700,000 settlement for a national material supplier in a multimillion-dollar breach of contract action
  • Represented steel erector subcontractor in a breach of contract dispute and drafted a motion for summary judgment that helped secure an approximate $500,000 settlement
  • Represented a state-wide contractor against the Contractor's State License Board before an Administrative Law Judge at the Office of Administrative Hearings, which included direct and cross-examination of witnesses and opening and closing argument, successfully securing the client's contractor's license
  • Represented a large public entity owner in a multi-million dollar suit against an international contracting company, in which the parties engaged in multiple mediations and arbitrations after bifurcating the issues
  • Represented a public entity owner as co-chair in a month-long, multimillion-dollar arbitration before a retired federal judge, involving more than 2,000 admitted exhibits and multiple witnesses
  • Represented contractors and owners in hundreds of litigation matters, from smaller disputes to multimillion-dollar claims, from the discovery and pleadings stages through resolution

Practice Areas

News & Publications

Events & Speaking Engagements

Mr. Niccoli regularly gives presentations on a variety of topics including: Preparing and Filing Claims, California Mechanics Liens and Related Construction Remedies: Public and Private Works; Recognizing a Claim’s Oriented Contractor; the Change Order; California Prevailing Wage Laws; and many more. Presentations include:

  • “Construction Claims: Bringing and Defending against Construction Claims”, January 30, 2020, AALRR Breakfast Briefing   
  • Prevailing Wage Law: Compliance and Critical Updates, presented for CMAA November 7, 2019
  • Avoid Trouble! Know the Key Construction Contract Provisions, AALRR
  • “Layman’s Legalese: 2018 Hot Topics In Construction Law,” AGC CLC Retreat, December 1 2018
  • “An Argument of the Enforceability of ‘Pay-When-Paid Clauses’,” AGC LAC Retreat, October 6, 2018
  • "Efficient Collection Techniques," AALRR Contractors Legal Forum, October 4, 2018
  • "Prevailing Wage Law: Compliance and Critical Updates,” presented for Construction Management Association of America, June 7, 2018
  • "The Art of the Claim: How to Prepare and File a Delay and Disruption Claim," AALRR Contractor’s Legal Forum, September 2017
  • “Recent Legislation and Case Law Affecting the Construction Industry,” Online webinars for the AGC, March 2015, August 2014, and earlier dates
  • “Overcoming Obstacles to Payment on Construction Projects,” Associated General Contractor’s (“AGC”) Conference, September 2014
  • “An Overview of Public Works Construction,” Engineering Contractor’s Association (“ECA”) Legal Seminar, September 2014
  • “I Did the Work, Now Pay Me the Money,” AALRR Briefing, September 2014
  • “California Mechanics Liens and Related Construction Remedies: Public and Private Projects,” Lorman Education Faculty Member, January 2011, 2009, 2008, 2007, 2006, and 2005
  • “Prevailing Wage Law,” Lorman Faculty Member, March 2009, July 2009, September 2009, November 2009
  • “California Mechanics Liens and Related Construction Remedies: Public and Private Projects,” Contractor's Leadership Council of the Associated General Contractors, July 2009
  • “Construction Contracts and Disputes,” AALRR Contractors Legal Forum, January 2007
  • “Discover New Ways Stop Notices Can Protect Your Payment Rights,” AALRR Contractors Legal Forum, January 2007
  • “The Written Change Order Requirement,” Contractor’s Leadership Council of the Associated General Contractors, October 2006
  • “Alternative Dispute Resolution,” AALRR's Contractors Legal Forum, September 2006
  • “The Roadmap to Getting Paid,” AALRR's Contractor’s Legal Forum, September 2006
  • “Labor Law Developments in Wrongful Termination and Wage and Hour Matters,” Los Angeles/Orange County Chapter of the American Subcontractors Association, April 2006
  • “Prevailing Wage and Current Labor and Employment Law Topics,” Los Angeles/Orange County Chapter of the American Subcontractors Association, April 2005
  • “How to Recognize a Claims Oriented Contractor,” Mt. San Jacinto College, October 2004

Publications

Mr. Niccoli is frequently published in both firm and external publications. Recent publications include:

  • Despite Exemption, Contractors Do Not Escape AB5 Completely Unscathed and Published Article in the ECA magazine re AB 1701 (November 2019)
  • “AB 1701: New Wage Liability for General Contractors” (ECA Magazine, March 2018)
  • "MR Construction Corp. v. Environmental Assessment and Remediation Management, Inc.," AALRR Alert (Jan. 2016)
  • "Review of Effect of Sweeping Legislative Changes to the Mechanics Lien Law" (May 2015)
  • "Effective January 1, 2016 Contractor’s License Bond Increases from $12,500 to $15,000" (Dec. 2015)
  • "Owners and Contractors May Lose Critical Rights for Failing to 'Notice' the New Notice Requirements," AALRR Alert (June 2015)
  • "Direct Contractors Can Voluntarily Forfeit Lien Rights" (Oct. 2014)
  • "Recent Court Decision Changes Rules of the Game Regarding Stop Payment Notices," AALRR Alert (Oct. 2014)
  • "Bonded Stop Payment Notice Retains its Priority Over Assignment of Construction Loan Funds," AALRR Alert (Sept. 2014)
  • "California Supreme Court Expands Architect Liability for Negligent Design," AALRR Alert (Sept. 2014)
  • "Sophisticated Parties Should Be Aware They Can Agree to Reduce Statute of Limitations for Latent Defects from 10 to 4 Years," AALRR Alert (April 2014)
  • "From the Election to the Construction Project, “Redistribution” Affects Us All," AALRR Alert (Jan. 2014)
  • "Mechanics Lien Statutory Scheme Manual ©2012," used by AALRR in seminars given through Lorman Educational Services. (Co-authored)
  • "New Case Limits Agencies’ Ability to Specify Required Contractors Licenses - At Least For Now," AALRR Alert (Oct. 2011)
  • "New Bill Raises Formal Bidding Threshold Under the Uniform Cost Accounting Act," AALRR Alert (Oct. 2011)
  • "Change of Game: DVBE Participation Goals Now Mandatory, AALRR Alert (March 2010) Mechanic's Lien Claimants Beware: New Requirements May Nullify Your Lien," AALRR Alert (Feb. 2010)
  • "Senate Bill X2 9 Sounds the Death Knell for Labor Compliance Programs and More," AALRR Alert (May 2009)

Community Involvement

Community & Professional

  • Associated General Contractors, Board Member

  • Construction Management Association of America, Legal/Legislative Committee Chair

  • Engineering Contractors Association, Board Member, Chair of the Legal Committee

Education

J.D., University of Notre Dame Law School
B.A., University of Notre Dame

Admissions

  • 2002, California
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Courts, Central, Eastern, Northern, and Southern Courts in California
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