Brent N. Mackay

Partner | Irvine, CA

(949) 852-6700

Brent Mackay is an experienced litigator whose practice focuses on construction and surety law matters. He has represented contractors and sureties throughout the United States in connection with a diverse range of public and private construction projects, including: bridges, residential subdivisions, elementary schools and universities, libraries, student housing, research facilities, materials recovery facilities, sewer pipelines, and power plants.

Brent has assisted clients in the preparation and defense of various claims relating to delays, changes, extra work, defective plans and specifications, defective workmanship, differing site conditions, insurance issues and labor code violations. He has also handled numerous payment and performance bond claims, as well as the negotiating and drafting of settlement agreements.  

Brent has successfully represented clients in mediation and arbitration of complex litigation matters, including the following:

  • Effectively defended surety against $12.3 million breach of performance bond claim relating to allegedly defective university building; obtained settlement terms requiring client to pay less than 20 percent of the claim.
  • Single-handedly arbitrated breach of contract dispute and obtained a judgment awarding general contractor client 87 percent of its claim against public owner.
  • Assisted general contractor client in obtaining $4.5 million settlement based on owner-caused delay relating to defective plans and specifications, extra work, runoff from owner-controlled adjacent property, and excessive inspections.

Areas of Practice

  • Construction
  • Surety
  • Commercial Litigation


  • Loyola Law School, J.D., 2006
  • Dean’s List 2003-04
  • ABA Moot Court Team
  • Scott Moot Court Honors Board
  • University of Hawaii at Manoa, William S. Richardson School of Law, Fall 2005
  • University of California, Los Angeles, B.A., 2002, magna cum laude
  • Provost’s List 2001, 2002

Bar Admissions

  • California

Court Admissions

  • All California State Courts
  • U.S. District Court for the Central, Eastern and Southern Districts of California
  • U.S. District Court for the Western District of Missouri
  • U.S. Court of Federal Claims