Shailendra (Shay) KulkarniShareholder

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Summary

Shailendra “Shay” Kulkarni is a Shareholder at the Firm and member of the Construction, Insurance, and Litigation practice groups. He focuses his practice primarily in the areas of construction and real estate litigation, insurance coverage litigation and analysis, and complex civil litigation. He also practices in the areas of surety litigation and construction-industry contracts. He has been named a Rising Star by Super Lawyers in the areas of construction, surety, and real estate litigation for 2015, 2016 and 2017.

Shay is currently serving as a Member at Large of the Construction Law Section of the San Diego County Bar Association, after having served as Chairman for the previous two terms.  He was recently appointed the Division 13 (Government Construction) liaison to the Diversity Committee of the ABA Forum on Construction Law. He serves as an Advisory Board member and Mentoring Program Co-Chair of the Crawford Academy of Law Program here in San Diego. He is also a member of various other professional and bar organizations, including the State Bar of California, the Louisiana State Bar Association, the Pearlman Association, and the National Bond Claims Association.

Prior to joining Sullivan Hill, Shay practiced in the areas of construction, surety, and real estate litigation in New Orleans, Louisiana.

Education

  • Tulane University Law School, J.D., 2007
  • University of California, Berkeley, B.A., 2004

Expertise

Shay has extensive experience in complex construction and real estate litigation. He has tried cases before civil courts and arbitration panels and has participated in numerous mediations. He has filed appellate briefs with the Louisiana First, Third, and Fourth Circuit Courts of Appeal and the United States Fifth Circuit Court of Appeals. Shay is also a frequent speaker on topics in the fields of construction, surety, and real estate law.

Prior to entering private practice, Shay served as a law clerk for the Honorable John Saunders, Louisiana Third Circuit Court of Appeal.

Representative Matters:

  • Assisted in successful prosecution of bid protest (and defense of subsequent counter-protest by aggrieved challenger) on behalf of joint venture concerning construction manager at risk (“CMAR”) bid process for the major planned construction of an international airport terminal, resulting in a contract award for the $546 million project.
  • Successfully defended public owner against bid protest action challenging public entity’s disqualification of aggrieved bidder on design-build project due to bidder’s non-compliance with bid specifications concerning anticipated participation of disadvantaged business entities (“DBE”). The contract value of the project was in excess of $50 million.
  • Prosecuted lawsuit on behalf of bidding subcontractor involving unfair trade practices and fraud allegations concerning the bidding procedures for subcontracts on federal CMAR project, resulting in favorable settlement.
  • Represented contractor in litigation involving unfair trade practices, fraud, and single-business-entity claims involving alleged inflation of subcontract bids on federal construction project, resulting in favorable settlement.
  • Successfully represented public owner in litigation with insurance company concerning existence and extent of insurance coverage for hurricane damage. The matter resulted in a settlement of approximately $1 million.
  • Successfully argued appeal before the Louisiana Third Circuit Court of Appeal regarding the vesting of indemnity rights in light of the state’s statute of limitations governing the construction of buildings and improvements on real property.

Publications:

  • “Taming the Beast: Avoiding Pitfalls in E-Discovery; A Dos and Don’ts Guide,” Co-Authored with Brianna Kostecka, Esq., ABA Forum on Construction Law, December 2017.
  • “Default is not in our Stars: California Court Comes to Bury (not Praise) the Requirement of Declaring Default under Subcontractor Performance Bond,” Division 7 Newsletter, ABA Forum on Construction Law, April 2016.
  • “How to be Smarter than your Phone: Discovery of Emails and Text Messages in Mobile Phone Era,” Under Construction Newsletter, ABA Forum on Construction Law, December 2015.
  • “So What’s the Remedy? Modern Trends in Miller Act Waiver Jurisprudence,” Co-Authored with Tamara Lindsay, Esq., Division 13 Newsletter, ABA Forum on Construction Law, October 2014.

Presentations:

  • “Understanding Construction Drawings,” Co-presented with Paul Versage, Vista Unified School District, January 2018.
  • “Women in Construction: Insights and Experiences of Female General Counsel,” Moderator, San Diego County Bar Association, October 2017.
  • “Construction Contracts 101 – Common Risk-Shifting Provisions in Construction Contracts and Subcontracts,” Presenter, Associated General Contractors of America, San Diego Chapter, September 2017.
  • “Scheduling Impact Claims: Common Legal Issues and Practical Considerations for Asserting, Proving, and/or Defending Delay, Disruption, and Acceleration Claims,” Co-presented with Richard Tasker, Associated General Contractors of America, San Diego Chapter, August 2017.
  • “Dispute Resolution Agreements: Functional and Dysfunctional,” Moderator/Presenter, San Diego County Bar Association, April 2017.
  • “California Performance Bond Claims in the Wake of JMR Construction Corp. v. Environmental Assessment & Remediation Management, Inc., 243 Cal. App. 4th 571 (2015),” Co-presented with John Yi, Esq., Surety Association of San Diego, November 2016.
  • “A Look Inside the Surety Claims Process,” Moderator/Presenter, San Diego County Bar Association, June 2016.
  • “Conducting Discovery in Construction Litigation,” Co-presented with Roger Nelson, P.E., San Diego County Bar Association, March 2016.
  • “Dos and DON’Ts of Construction Project Record Keeping,” Moderator/Presenter, Lorman Educational Services, January 2015.

Affiliations

Shay is a member of the State Bar of California, the Louisiana State Bar Association, the San Diego County Bar Association, and the ABA Forum on Construction Law. He is also a member of several surety-industry organizations, including the Pearlman Institute and the National Bond Claims Association. Shay is also an Advisory Board member and Mentoring Program Co-Chair of the Crawford Academy of Law Program.