Matthew R. Hicks is Senior Counsel in Lozano Smith's Los Angeles office. His litigation practice focuses on employment, construction, business and contract disputes on behalf of public agencies and private sector clients. Mr. Hicks has extensive experience with full case management responsibility for a variety of federal and state court cases, including trial, arbitrations, mediations and administrative proceedings. Mr. Hicks has extensive experience with handling trial related tasks, including opening statement, closing argument, direct and cross-examinations of dozens of witnesses including experts, and pre-trial litigation work, including law and motion, depositions and discovery.
Mr. Hicks has handled and advised public and private works owners, contractors, subcontractors and sureties on private and public works construction related issues, including, preventative risk analysis, large dollar breach of contract claims, prosecution and defense of abandonment claims, extra work and/or change order claims, changed conditions and/or cardinal change situations, bid problems, prosecution and defense of delay, disruption and/or acceleration claims, prosecution of claims against design professionals, indemnity provisions, prosecution and defense of mechanic's lien and stop notice claims, prosecution and defense of payment and performance bond claims, prevailing wage claims and related labor issues, False Claims Act and construction defects related to a myriad of trades.
Publications & Presenter Experience
- Author, "Recent Appellate Court Ruling Provides Guidance on Contractor's Delay Damages and on Challenging a Performance Bond Surety's 'Lack Of Notice' Defense," Lozano Smith Client News Brief, January 15, 2016
- Author, "Release Me: Beware Broadly Worded Release Provisions," The Daily Journal, June 15, 2015
- Co-Author, "Termination for Convenience, It's All About 'Good Faith,'" Modern Contractor Solutions, August 2012
- Author, "Contractors, Be Sure to Maintain Your Workers' Compensation Insurance," The Daily Journal, June 2, 2011
- Author, "Termination for Convenience: It's All About 'Good Faith,'" Construction Executive, September 2010
- Author, "No Damages For Delay Clauses In California In the Public and Private Works Settings," Construction Management Association of America Southern California Chapter News, Winter 2010
- Author, "Cardinal Change and Abandonment: Applications for Contractors, Owners, Sureties," ENR 2008 Surety Market Report, June 16, 2008
- Guest speaker, UCLA Extension Public Policy Program's Planning Commissioners Training Seminar, 2008
- Presenter and guest speaker, California CEQA Conference, Legal Ethics and California's Conflicts of Interest and Self-Dealing Laws, 2007
- Admitted, since December, 1997, to practice before the U.S. District Court for the Central and Eastern Districts of California and the State Courts of California, 2007
- Previously served on ABC of Southern California's Merit Issues and Strategies Council and ABC of California's Board of Directors
Mr. Hicks received his Juris Doctor in 1997 from Loyola Law School, Los Angeles. He earned a Bachelor of Arts in Political Science in 1993 from the University of California, Los Angeles.
Two recent cases involving high profile public officials highlight the reach of Government Code section 1090. Government Code section 1090 prohibits conflicts of interest, self-dealing and corruption among public entity officials.
Sweetwater Union School District v. Gilbane Building Company (February 24, 2016) 245 Cal.App.4th 19, sprang from one of the largest political corruption scandals in San Diego County history, in which construction vendors provided gifts to...
The appellate court in JMR Construction Corp. v. Environmental Assessment and Remediation Management, Inc. (December 30, 2015, M105497) 2015 Cal.App.Lexis 1172 (JMR Construction), recently affirmed a trial court's six-figure judgment in favor of a general contractor against its subcontractor and the subcontractor's performance bond surety arising from a federal works project. The judgment included an award of damages for, among other things, the subcontractor's delay...