Education

  • University of Oregon (J.D. 2013)
  • University of California, San Diego (B.A. Communications, 2007)

Admissions

Bar Admissions

  • California

Representative Matters

Construction and Development Projects

  • Represent affordable housing developer in facility interface, design, and construction negotiations and drafting for transit bus yard and podium housing project (San Francisco, California).
  • Represent university in the negotiation, drafting, and construction of $200 million seismic retrofit and remodel of 28-story tower (San Francisco, California).
  • Represented developer in design and construction contract negotiations for $96 million warehouse and distribution center (Apple Valley, California).
  • Represented developer in construction contract negotiations for $75 million hotel project (Sonoma County, California).
  • Represented developer in design and construction negotiations for $71 million warehouse/distribution center (Bryan County, Georgia).
  • Represented EPC contractor in negotiation and drafting of utility scale and distributed generation solar projects (California and numerous other states).
  • Represented developer in negotiation and drafting of construction contract for first ground-up, all-electric, student apartment building (Berkeley, California).
  • Represent developer in design and construction negotiations for entire community to rebuild homes damaged in Los Angeles fires (Los Angeles, California).
  • Represent ADU designer, manufacturer, and installer in negotiations and construction, including homes at no cost to low-income homeowners in Altadena and Pacific Palisades who lost primary residences and lack resources to rebuild (Los Angeles, California).
  • Assist developer in the negotiation and drafting of master design and construction contracts for new planned community (Mountain House, California).

Construction Litigation

  • Represented the owner/developer of 264 senior apartment complex in the arbitration of $15 million in delay claims against original general contractor for the project in Contra Costa County.
  • Represented biotech client in $2 million business interruption and lease termination litigation related to owner improvement construction impacts at office and lab space in San Mateo County. Claims settled prior to trial.
  • Prosecuted more than $15 million in engineering and construction defects and cost overruns at seven solar photovoltaic projects in Northern and Southern California on behalf of a national solar contractor. Settled all claims before trial.
  • Represented an affordable housing developer in a design and construction defects case involving the placement and configuration of a joint trench and underground utilities at a transit-oriented development of more than 870 high-density residential units in the East Bay. Settled all claims before trial.
  • Represented a real estate developer in asserting construction delay and defect claims against a general contractor and various subcontractors related to the construction of a 170-unit apartment complex in Silicon Valley. Obtained a favorable $7.5 million settlement during the two-month trial.
  • Represented an affordable housing developer in a design and construction defects case involving the construction of an affordable senior housing development with 85 residential units in the East Bay. Settled all claims before trial.

Other Litigation

  • Represented a government entity in a vehicle-pedestrian accident involving a third-party shuttle driver and company. Obtained an order sustaining demurrer, and all claims were voluntarily dismissed.
  • Represented a government entity in a third-party vehicle-pedestrian accident on government property. Obtained summary judgment. 

Bryan S. Silverman is a partner in Lubin Olson & Niewiadomski LLP’s Litigation, Commercial Litigation, Real Estate Litigation, Construction, and Real Estate service groups. Mr. Silverman’s practice focuses on construction, energy, and real estate matters in state and federal trial and appellate courts.

In his construction practice, Mr. Silverman assists developers, owners, general contractors, and subcontractors through all stages of construction projects. This work includes drafting and negotiating construction and EPC (engineering, procurement, and construction) contracts, consulting with owners and contractors to avoid and resolve project disputes, and litigating project claims.

In his energy law practice, Mr. Silverman advises companies and consultancies in state and federal regulatory and compliance matters. He counsels clients in administrative agency rulemaking processes that involve building, appliance, and equipment energy-efficiency codes and standards, such as agency filings, comments, hearings, and post-rulemaking litigation. He also represents energy clients before local, state, and federal agencies in investigation and compliance matters.

Before joining Lubin Olson & Niewiadomski, Mr. Silverman practiced with a leading professional liability defense law firm in San Francisco. Prior to that, Mr. Silverman served as a law clerk to the Honorable Lauren S. Holland in the Oregon Circuit Court for the Second Judicial District.