Shailendra (Shay) KulkarniShareholder

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Summary

Shailendra “Shay” Kulkarni is a shareholder at Sullivan Hill 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.

Mr. Kulkarni has an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell. He was named a Top Lawyer in the field of Construction Law by San Diego Magazine in 2019, 2020, and 2021. He has been named a Rising Star by Super Lawyers in the areas of Construction Litigation, Business Litigation, Real Estate, and Surety Law for the years 2015 through 2021. Mr. Kulkarni was named to the “Top 40 Under 40” list by the San Diego Daily Transcript in 2020. He was also named to SD Metro Magazine’s “Top 40 Under 40” list in 2019, and named a 2018 finalist for the San Diego Business Journal’s “Next Top Business Leaders Under 40” list.

Mr. Kulkarni is the inaugural Chair of the newly-formed Construction Law Practice Area Committee of the California Lawyers Association. He is also a former two-time Chairman of the Construction Law Section of the San Diego County Bar Association. He currently serves on the Steering Committee of Division 5 (General Contractors) of the ABA Forum on Construction Law, as well on the Forum’s Diversity Committee. He serves as an Advisory Board Member and Mentoring Program Co-chair of the Crawford Academy of Law Program in San Diego. He is an associate member for the San Diego/Tijuana Chapter of the Urban Land Institute. Mr. Kulkarni 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, Mr. Kulkarni 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

Mr. Kulkarni 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. He is also a frequent speaker on topics in the fields of construction, surety, and real estate law.

Prior to entering private practice, Mr. Kulkarni 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:

  • “Risk Shifting Contracting Provisions: Best Practices for Mitigating Risks in Construction Contracts,” Presenter, Webinar hosted by Bank of the West, May 2021.
  • “Construction Contracts 101,” Presenter, Webinar hosted Associated General Contractors of America, San Diego Chapter, March 2021.
  • “Getting to Yes: Best Practices for Virtual Construction Mediations in the Era of Zoom,” Moderator, Webinar hosted by Sullivan Hill, December 2020.
  • “Construction Contracts 101,” Presenter, Webinar hosted Associated General Contractors of America, San Diego Chapter, September 2020.
  • “What’s New?: Construction Law Update 2020,” Co-Presenter with Benjamin J. Morris, Webinar hosted Associated General Contractors of America, San Diego Chapter, August 2020.
  • “Construction Law Update and Year in Review,” Co-Presenter with Benjamin J. Morris, Webinar hosted by the Real Property Law Section of the California Lawyers Association, August 2020.
  • “What Comes Next? Legal & Practical Considerations of COVID-Related Impacts on California Construction Projects,” Co-Presenter with Roger Nelson, Webinar hosted by Sullivan Hill, May 2020.
  • “Construction Contracts 101,” Presenter, Associated General Contractors of America, San Diego Chapter, February 2020.
  • “The Tip of the Spearin: Notes from the Cutting Edge of Design-related Owner Liability,” Co-presenter with Lance Currie, Midwinter Meeting, ABA Forum on Construction Law, January 2020.
  • “Scheduling Impact Claims: Common Legal Issues & Practical Considerations for Asserting & Proving Delay, Disruption & Acceleration Claims,” Presenter, Associated General Contractors of America, San Diego Chapter, December 2019.
  • “Public Bid Law 101,” Presenter, Associated General Contractors of America, San Diego Chapter, November 2019.
  • “Construction Contracts 101,” Presenter, Associated General Contractors of America, San Diego Chapter, October 2019.
  • “Public Bid Law 101,” Presenter, Associated General Contractors of America, San Diego Chapter, August 2019.
  • “Construction Law Update and Year in Review,” Co-presenter with Benjamin J. Morris, San Diego County Bar Association, June 2019.
  • “Construction Contracts 101,” Presenter, Cavignac & Associates, May 2019.
  • “Construction Law: Public Works Bid Law 101,” Associated General Contractors of America, San Diego Chapter, February 2019.
  • “California Responsible Bidder Legislation, and the “Border Wall” Dispute,” Co-presenter with Yaniv Newman, American Bar Association, Forum on Construction Law, January 2019.
  • “I’m Hiring an Expert for a Delay and Disruption Case. Why Choose You?” Presenter, Construction CPM Conference, January 2019.
  • “Construction Law Lunch & Learn,” Presenter, Alliant Insurance Services, November 2018.
  • “Construction Contracts 101,” Presenter, Associated General Contractors of America, San Diego Chapter, November 2018.
  • “Scheduling Impact Claims – Common Legal Issues & Practical Considerations for Asserting & Proving Delay, Disruption & Acceleration Claims,” Co-Presenter with Richard Tasker, Associated General Contractors of America, San Diego Chapter, October 2018.
  • “Construction Law Update,” Co-presenter with Benjamin J. Morris, San Diego County Bar Association, June 2018.
  • “Construction Litigation 101 – Understanding the Litigation Process in Construction Cases,” Co-presenter with Michael Zarconi, Associated General Contractors of America, San Diego Chapter, May 2018.
  • “Public Bid Law 101,” Presenter, Associated General Contractors of America, San Diego Chapter, February 2018.
  • “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.
  • Contingent Payment Provisions in Louisiana, Pile Driving Contractors Association, 2014.
  • Pay-if-Paid Clauses in Louisiana, Construction Financial Management Association, 2013.
  • Principles of Zoning, Lorman Educational Services, 2012.

Affiliations

Mr. Kulkarni is a member of the State Bar of California, Louisiana State Bar Association, San Diego County Bar Association, ABA Forum on Construction Law, and Claims and Litigation Management Alliance. He is an advisory board member and Mentoring Program co-chair of the Crawford Academy of Law Program. He is also an associate member for the San Diego/Tijuana Chapter of the Urban Land Institute. Mr. Kulkarni is a member of several surety-industry organizations, including the Pearlman Institute and National Bond Claims Association.

News

Shay Kulkarni to Present Construction Law Update Webinar Hosted by AGC San Diego

Shay Kulkarni to Present Live Webinar on Best Practices for Mitigating Risks in Construction Contracts

Sullivan Hill Attorneys Selected as 2021 Super Lawyers and Rising Stars

Eleven Sullivan Hill Attorneys Recognized as “2021 Top Lawyers” by San Diego Magazine

Shareholder Shay Kulkarni to Serve as Inaugural Chair of CLA Construction Law Practice Area Committee

Shareholder Shay Kulkarni to be a Moderator in a Webinar on Virtual Construction Mediations

Shareholder Shay Kulkarni to Present Construction Contracts 101 Webinar Hosted by AGC San Diego

Shareholder Shay Kulkarni to Present AGC San Diego Webinar Titled, “What’s New?: Construction Law Update 2020”

Shareholder Shay Kulkarni to Present Construction Law Update and Year in Review Webinar Hosted by the California Lawyers Association

Shareholder Shay Kulkarni Presents Live Webinar on Legal & Practical Considerations of COVID-Related Impacts on California Construction Projects

Sullivan Hill Attorneys Selected as 2020 Super Lawyers and Rising Stars

Sullivan Hill Attorneys Listed 2020 “Top Lawyers” by San Diego Magazine

Shareholder Shay Kulkarni to Present Course on Construction Contracts 101 at AGC San Diego

Shareholder Shay Kulkarni to Present Public Bid Law 101 at AGC San Diego

Shareholder Shay Kulkarni to Teach Construction Contracts 101 at AGC San Diego

Shareholder Shay Kulkarni Selected for 40 Under 40 Award by San Diego Metropolitan Magazine