Brent N. Mackay
Partner | Irvine, CA
Brent has over fifteen years of experience as a litigator focused on construction law and commercial litigation matters.
He represents owners, general contractors, subcontractors, construction managers, and sureties throughout the United States in connection with a diverse range of public and private construction projects, including: restaurants, residential subdivisions, schools and universities, libraries, student housing, child development centers, theaters, research facilities, materials recovery facilities, sewer pipelines, bridges, and power plants.
In addition to pre-litigation services, such as contract review and negotiations, Brent also assists client in the preparation and defense of various claims relating to delays, changes, extra work, defective plans and specifications, defective workmanship, differing site conditions, mechanic’s liens, insurance issues, indemnity issues, and various surety bonds.
Brent has successfully represented clients in mediation and arbitration of complex litigation matters, including the following:
- Obtained award of $3.3 million on behalf of general contractor client against private owner consisting of contract balance, extra work claims, and prompt payment penalties from private owner; defeated $10 million counterclaim. Award included attorney and expert fees.
- Obtained award of $3.8 million on behalf of developer client against general contractor for deficient steel fabrication and delays on bridge project. Award included attorney and expert fees.
- Achieved award of $3.4 million for client against school district for wrongfully withholding contract funds, and successfully defended against $5 million counterclaim for liquidated damages and cost overruns.
- Successfully defended surety against $12.3 million breach of performance bond claim relating to allegedly defective university building and obtained settlement favorable to client.
- Obtained $4.5 million settlement for general contractor for owner-caused delays resulting from defective plans and specifications, extra work, differing site conditions, and excessive inspections.
- Arbitrated breach of contract dispute and obtained an award in favor of general contractor client for 87% of its claim against a county sanitation district.
- Co-authored summary judgment motion in federal court resulting in $4 million judgment in favor of client; secured complete defense against $25 million counterclaim.
- Obtained favorable settlement for residential homeowner against re-pipe company and its insurer for negligent failure to properly remediate asbestos.
Brent’s interests include UCLA basketball, travel, fishing, and the beach. He also enjoys spending time with his beautiful wife and three children.
- American Bar Association
- Orange County Bar Association
- Presenter: “Wrongful or Right: What Makes a Proper Termination?” Construction Super Conference, Las Vegas, NV, December 2022 Program.
- Author: Selecting And Drafting The Standard of Review For Arbitration Awards In California, Watt Tieder Newsletter, Summer 2016
- Contributing Author: Types of Recoverable Costs/Damages (Ch. 7) and Calculating and Proving Damages (Ch. 8), California Construction Law, HLK Global Communications, Inc.
Areas of Practice
- 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
- All California State Courts
- U.S. District Court for the Eastern, Central, and Southern Districts of California
- U.S. District Court for the Western District of Missouri
- U.S. Court of Federal Claims