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Kyme, Gary Patrick

Name:Kyme, Gary Patrick
Practice In: Business Law ,Corporate ,Estate ,Real Estate
Law Firm: McMillan, Constabile, Maker & Perone, LLP
Location:2180 Boston Post Road
Larchmont, NY 10538
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Fax: (914) 834-0620
http://www.mcmillanconstabile.com
 

David Tredway's practice centers on real estate and business litigation. An AV-rated attorney and a partner at Ferguson Case Orr Paterson LLP since 2001, David serves as the Chair of the Litigation Committee.

A native Californian, David attended the University of California, Santa Barbara, where he earned a degree in Electrical Engineering with Highest Honors. During his undergraduate years, he worked as a student engineer for a major engineering construction firm and as a field surveyor for the U.S. Forest Service. David earned his law degree from Loyola University, where he was on staff of the Loyola Law Review, authoring an article on landlord tenant law.

David and his wife Pat have lived in Camarillo since 1976. When not practicing law, David enjoys spending time with his three adult children and traveling with his wife. Over the past several years, they have visited Australia, Barcelona, London, Paris, Amsterdam, Lisbon, Edinburgh, Copenhagen, Stockholm, Prague, Berlin and Munich. In 2007, David traveled to Tanzania and climbed Mt. Kilimanjaro.

Noteworthy Matters:

  • Wellfield Pipeline. Represented Water District, recovering $1,045,000 for defective pipeline construction joints causing corrosion.
  • Parking Structures. Represented concrete subcontractor on parking structure project at Santa Ana mall involving claims for extras. Defended against backcharge claims by the general contractor, resulting in a substantial recovery for the concrete subcontractor.
  • Tunnel Boring for Pipeline Project. Successfully defended Water District in action involving claims for extra compensation after a tunnel boring machine became stuck under a flowing watercourse. The claim for extra compensation raised the issue whether the contractor and subcontractor had submitted false claims.
  • Mail Handling Facility. Represented concrete subcontractor in claim for extra compensation resulting from foundation redesign with a substantial recovery.
  • Tilt Up Building Projects. Represented general engineering and concrete contractors in litigation involving more than 15 tilt up buildings. These typically involved foundation and underlying soil problems, resulting in claims for extra compensation.
  • Pipeline Projects. Represented general engineering contractors in more than 10 pipeline projects. These typically involved claims for extra compensation resulting from soil conditions.
  • Subdivision Improvement Projects. Represented developers and contractors in numerous projects for both commercial and residential subdivision improvements, including the gamut of road and utility problems.
  • Airport Paving Project. Successfully represented general engineering contractor in project in which material testing used by Agency as basis for refusing to pay contractor was demonstrated to have been improperly done.
  • Condominium Project. Lead attorney in lawsuit involving a 440-unit condominium project with roof, deck and window leak problems, which was settled for $8.6 million.
  • Condominium Conversion. Successfully defended developer of 120-unit condominium conversion project from claims of roof and window leaks.
  • Condominium Balcony Railings. Represented HOA to recover $1 million for defective metal balcony railings.
  • Single Family Residences. Represented developers, contractors and individual owners in construction disputes involving single-family residences. These typically involved water intrusion, soil problems or completion issues.
  • Cold Storage Warehouse. Successfully represented Harbor District that owned the warehouse. Chilled water system had inadequate vapor barrier allowing ice to form in insulation around piping. Infrared survey demonstrated ice formation throughout system.
  • Marine Wharf. Represented Harbor District successfully to recover for concrete topping slab on wharf that delaminated and cracked due to failure of engineer and contractor to properly specify and carry out surface preparation.
  • Ice Cream Cold Storage Warehouse. A substantial recovery was obtained for ice cream distributor in claim against insurance carrier on the building insurance policy for warehouse damaged when concrete floor heaved up due to frozen subgrade.
  • Pre-Manufactured Warehouse. Represented owner in claim for inadequate waterproofing of a building in a marine environment with significant damage to structural support of the building, obtaining a substantial recovery.
  • Power Plant. Successfully represented supplier of noise reduction equipment, obtaining an award of extra compensation for redesign of turbine silencers because the specifications were wrong.
  • Equestrian Facility. Defective structural design and construction required the facility to be torn down and rebuilt. Recovered cost to rebuild from the engineer and subcontractor.

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