Anthony P. Niccoli

Mr. Niccoli represents contractors, subcontractors, material suppliers and owners in construction matters spanning project agreements, performance disputes and payment claims. His work includes licensing, contract drafting and negotiation, bid disputes, questions of responsiveness and responsibility, change orders, terminations, and indemnity obligations and claims. He also handles breach of contract actions involving delay, disruption and acceleration, as well as mechanics’ liens, stop payment notices, payment bond actions, federal claims, Miller Act bonds and labor issues.

Through litigation, mediation, arbitration and settlement, Mr. Niccoli has obtained hundreds of favorable outcomes for clients. His matters have included cases concerning the Pasadena Power Plant, new school construction and modernizations, and the River at Rancho Mirage. He has also represented contractors before the Contractor’s State License Board.

Mr. Niccoli has served on the Engineering Contractor’s Association board of directors for more than ten years and chairs its Legal Committee. His construction-industry roles also include chairing the Legal/Legislative Committee for the Southern California Chapter of the Construction Management Association and the Legal/Legislative Committee of the Construction Management Association of America. He has served on the Los Angeles/Orange County board of directors for the Associated General Contractors.

• Obtained a complete victory after a three-week trial, including award of principal, interest, costs, penalties, and attorney fees against prime contractor and owner on a claim for breach of contract arising from significant scope of work changes, failure to pay, and violation of the covenant of good faith and fair dealing. Completely defensed the prime contractor’s cross-complaint
• Obtained a complete victory including an award of principal, interest, and costs on behalf of a prime contractor for the full amount of the claim against CalTrans
• Obtained an arbitration award of principal, interest, penalties, costs, and attorney fees against an international Fortune 500 homebuilder for wrongful termination and breach of contract
• Obtained judgment after a bench trial on behalf of an owner against a contractor for breach of contract and breach of warranty
• Represented developer in a ten day jury trial on claims of fraud and breach of contract
• Successfully defended a claim in arbitration against a state-wide HVAC contractor for damages and removal of the entire HVAC system
• Obtained seven-figure judgment on behalf of a national company on summary judgment and successfully defended the judgment on appeal before the Ninth Circuit
• Successfully litigated a case against a construction company for Violation of the False Claims Act at Government Code §12650, et seq.
• Represented state-wide construction company in a breach of contract action, recovering 100% of the client's settlement demand on the eve of trial, after preparing the witnesses and evidence
• Secured a favorable $700,000 settlement for a national material supplier in a multimillion-dollar breach of contract action
• Represented steel erector subcontractor in a breach of contract dispute and drafted a motion for summary judgment that helped secure an approximate $500,000 settlement
• Represented a state-wide contractor against the Contractor's State License Board before an Administrative Law Judge at the Office of Administrative Hearings, which included direct and cross-examination of witnesses and opening and closing argument, successfully securing the client's contractor's license
• Represented a large public entity owner in a multi-million dollar suit against an international contracting company, in which the parties engaged in multiple mediations and arbitrations after bifurcating the issues
• Represented a public entity owner as co-chair in a month-long, multimillion-dollar arbitration before a retired federal judge, involving more than 2,000 admitted exhibits and multiple witnesses
• Represented contractors and owners in hundreds of litigation matters, from smaller disputes to multimillion-dollar claims, from the discovery and pleadings stages through resolution

• J.D., University of Notre Dame Law School
• B.A., University of Notre Dame

• 2002, California
• U.S. Court of Appeals, Ninth Circuit
• U.S. District Courts, Central, Eastern, Northern, and Southern Courts in California

In 2010 and 2012, Mr. Niccoli was recognized for giving the best legal presentation in an all-day legal seminar hosted by the Engineering Contractor’s Association. Both years featured nine speakers, comprised of lawyers and expert witnesses.  Mr. Niccoli is the chair of the Engineering Contractor’s Association Legal Committee. 

• Associated General Contractors, Board Member

• Construction Management Association of America, Legal/Legislative Committee Chair

• Engineering Contractors Association, Board Member, Chair of the Legal Committee