Business LawTrusts and EstatesEmployment LawLitigation
Gary M. Funamura
vCardStatement of Practice
Gary M. Funamura is a shareholder in the Litigation Department of Trainor Fairbrook. His primary area of practice is commercial real property litigation.
Mr. Funamura provides construction litigation representation to real property owners, developers, lenders, and general contractors and subcontractors regarding contract disputes, mechanic’s lien, stop notice and bond claims, construction defects litigation and alternative dispute resolution proceedings on both private and public works projects. Mr. Funamura also maintains an active eminent domain and condemnation practice, representing municipalities, agencies, owners and tenants. Mr. Funamura’s general real estate litigation practice includes purchase and sale disputes, easement disputes, partition actions, land use and title issues.
Mr. Funamura has given numerous presentations on construction law for industry associations and Lorman’s Educational Seminars. He has served as a Pro Tem Judge for the Sacramento Superior Court. Mr. Funamura has been admitted to practice in the State of California since 1980 and is also admitted to practice before the Eastern, Southern, Northern and Central U.S. District Courts of California and the 9th Circuit U.S. Court of Appeals. Mr. Funamura is an “AV® Preeminent™” rated attorney by Martindale-Hubbell.
- Represents national contractor in contract and construction defect claims with subcontractors and owners of large commercial, retail and public works projects.
- Advises developers, owners and contractors before and during construction projects regarding risk management, contract compliance, payment and related matters.
- Successfully defended general contractor against contract claim of subcontractor for progress payments and retentions on public works project. Obtained judgment in favor of client, based on subcontractor’s failure to comply with state prevailing wage laws.
- Represented shopping center developer against contractor’s payment claim and delay dispute. Successfully mediated favorable result for client.
- Represented contractors and subcontractors in construction defect claim proceedings involving both above-ground and below-ground construction.
- Represented apartment developer against claims by neighboring commercial landowner that access easement for apartments had been extinguished. Judgment in favor of client and jury finding of punitive damages against neighboring landowner for interference with easement.
- Represented redevelopment agency in multiple eminent domain actions for acquisition of city block for major redevelopment project.
- Represented golf and country club in complex negotiations with landowner, homeowner’s association, community services district, and contractors for bridge construction project.
- Defended and resolved multiple lien foreclosure actions against construction lenders totaling over $26 million on multiple residential projects after developer’s default. Total cost of defense, including settlement payments was less than 5% of claims.
- Successfully defended shopping center developers from CEQA environmental challenges brought by competing developers.
- Successfully represented landlord in dispute with tenant which would have resulted in tenant’s default on $22.5 million lease.