Jonathan Sweet

Jonathan J. Sweet is a Martindale-Hubbell AV-rated attorney, whose legal practice is focused primarily on construction and real estate. Mr. Sweet's expertise in the fields of construction and real estate law has led him to author numerous legal publications. These include a book published in 1993 on construction litigation, AVOIDING OR MINIMIZING CONSTRUCTION LITIGATION. In 1996 and 1999 he co-authored the third and fourth editions of a major reference source on construction law, SWEET ON CONSTRUCTION INDUSTRY CONTRACTS/MAJOR AIA DOCUMENTS, for which he prepares annual supplements. Mr. Sweet teaches Construction Law and Legal Research and Writing at Lincoln Law School of San Jose. Mr. Sweet taught California Construction Law through San Jose State University in Fall 2002, and taught Construction Law at the University of San Francisco School of Law in the Spring of 1997, and the Fall of 1994, through San Jose State Professional Development Program in 2002-2003. Mr. Sweet has a strong background in civil litigation which has included numerous jury trials, bench trials, mediations and arbitrations. He strongly advocates that his clients use alternative dispute resolution mechanisms, such as mediation and arbitration, since their use usually results in earlier resolution of disputes, with lower legal fees incurred by all parties involved. Mr. Sweet is available through SWEET ARBITRATION AND MEDIATION SERVICES to act as a professional arbitrator or mediator when retained by either parties or attorneys for parties. Mr. Sweet works with clients on construction contract drafting, foreclosure and defense of mechanics lien actions, actions on payment and performance bonds. He also works on commercial real estate matters, including leasing, sales, and partnerships. Mr. Sweet has defended matters through insurance companies, and provided insurance coverage opinions on matters involving casualty losses, errors and omissions losses, and bonding issues. MEMBERSHIPS: California State Bar (admitted 1986); Associated General Contractors of California Legal Advisory Committee (since 1990); Santa Clara County Bar Association; American Institute of Architects, Associate Member of Santa Clara Valley Chapter; Member of Board of Directors, Peninsula Builders Exchange (since 2002). Since 1991, Mr. Sweet has served as an arbitrator for the Santa Clara County Superior Courts, as an arbitrator of the Santa Clara County Fee Arbitration Panel (1991-2007) and as a member of the Santa Clara County Referral Panel for Construction Industry Collections. EDUCATION: University of San Francisco, J.D. in May 1985; Member of Dean's Committee on Ethics 1984-1985 University of California, Berkeley, A.B. in Italian, December 1978. TEACHING: Lincoln Law School of San Jose, Summer 2007, Construction Law Lincoln Law School of San Jose, Summer 2006, Legal Research & Writing Lincoln Law School of San Jose, Summer 2005, Legal Research & Writing Lincoln Law School of San Jose, Summer 2004, Construction Law San Jose State University, Professional Development, 2002-2003, California Construction Law University of San Francisco, School of Law, Fall 1994, Spring 1997, Construction Law EXPERT WITNESS/CONSULTANT Consultant on $40,000,000 residential construction project at Incline Village for Nevada law firm, involving validity of onerous construction contract clauses, conflict of interest issues, June 2000 Consultant for Bank of America on Texas case involving waiver of subrogation clauses in construction contract where subcontractor negligence caused multi-million dollar loss to premises being upgraded, June 1999 Served as a construction law expert and consultant in matters involving construction contract law; testified at deposition as an expert witness in federal court in December 1997 in LYZWA v. CHU on ownership and use of construction design documents PUBLICATIONS: Sweet on Construction Industry Contracts/ Major AIA Documents, Co-Author of Fourth Edition, published in December 1999, (Aspen Law and Business), and Co-Author of Third Edition, April, 1996, (John Wiley & Sons.) This book is also a part of the Construction Law Library Deluxe, an on-line construction law library offered by Aspen Law and Business; author of annual supplements to book Avoiding or Minimizing Construction Litigation, published by John Wiley & Sons, Inc., January, 1993 Annual supplements for Construction Bidding Law, Hazardous Waste Disposal, and Construction Defaults, books published by John Wiley and Sons, Ins., 1989-1993 Law Review Article for Lincoln Law School of San Jose, CONSTRUCTION SUBCONTRACT PAYMENT CONDITION CLAUSES and William R. Clarke Corp. v. Safeco Insurance Co. of America , FALL 2003 New AIA B141 on Ownership of Design Documents: Instruments of Service or Involuntary Servitude, article published in the Construction Litigation Reporter, April 1998; article reproduced in its entirety at CONSTRUCTION LAW SEMINAR, June 11, 1998, in Kansas City, Missouri, and June 12, 1998 St. Louis, Missouri, sponsored by local chapters of AGC, ASA, and other construction organizations SEMINARS PRESENTED: Construction Law, AIA Documents, 2004 to present