Mr. Mass is a construction and real estate trial attorney with 32 years’ experience. His primary focus is on representing property owners in high-end single family residence construction defect cases. He also has extensive experience handling real estate, business, joint venture, partnerships, insurance and general civil litigation matters in State and Federal courts.
Highly respected and well known by his peers in the construction litigation field, Mr. Mass has a proven track record in jury trials, arbitrations and negotiating mediated settlements. He specializes in high-end residential and commercial construction defect litigation and billing disputes against contractors, subcontractors, architects and engineers. He also represents property owners in neighbor disputes involving boundary lines, slope failures, nuisance, trespass, negligence, quiet title, lateral and subjacent support/subsidence and tree root damage cases.
Having worked as in-house counsel for a general contractor for nearly a decade, Mr. Mass combines first-hand knowledge of construction, construction management and project finance, with extensive experience in construction litigation, negotiation and alternative dispute resolution proceedings. He also specializes in suing unlicensed contractors for disgorgement under Bus. & Prof. Code §7031(b) and for fraud in the inducement under Bus. & Prof. Code §7160. General contractors that hire unlicensed subcontractors are barred from recovering from an owner for work performed by an unlicensed subcontractor. Kim v. TWA Construction, Inc. (2022) 78 Cal.App.5th 808. When contractors step out of line in this regard and in other respects, Mr. Mass has experience enforcing violations of Contractors State License Law under the Unfair Business Practices Act, Bus. & Prof. Code §17200, et. seq. and via civil lawsuits against contractors and surety bond companies and complaints with the Contractors State License Board.
Working with small and medium-sized construction companies and businesses is also a focus of Mr. Masses practice. He handles commercial transactions, prepares prime construction and subcontract agreements and records mechanic’s liens. He also formulates risk management strategies and assists in-house counsel with a myriad of issues, including employment matters. He represents uninsured general contractors, subcontractors, manufacturers and suppliers and in construction defect cases, delay and mismanagement claims, and billing, collection and mechanic’s lien disputes.
With his background in personal injury law, Mr. Mass utilizes his construction experience to handle serious and catastrophic construction injury cases. He understands the reach of the Privette Doctrine and the holding in Seabright and works to create third-party liability that avoids the exclusive remedy of workers’ compensation insurance in industrial accident cases.
Perhaps most importantly, Mr. Mass is a consummate litigator and zealous advocate on behalf of his clients. He is tenacious, ethical and laser focused on the client’s objectives and budget considerations. He listens attentively, actively collaborates with his clients, provides realistic assessments of the anticipated cost of litigation and likely results, and works diligently to achieve successful outcomes. He tailors his approach to litigation to the needs and expectations of his clients. He further works cooperatively with opposing counsel to amicably resolve disputes to avoid the cost and uncertainty of litigation.
Mr. Mass enjoys spending time with his family and raised twin boys with his wife, Martina, a commercial actress. He is a competitive tennis and pickle ball player and was a cheerleader at Boston College, which explains his enthusiastic approach to the law.