Maria J. Giardina is counsel in Sedgwick’s San Francisco Construction Practices Group and Commercial Division. Ms. Giardina’s practice focuses on a wide variety of construction-related matters. She has over 20 years of experience in advising clients on legal issues arising during the construction process.
Ms. Giardina litigates and resolves complex construction disputes involving contract performance, payment disputes, unfair practices, project delays and impacts, design scope, differing site conditions, project administration and coordination and design and construction defects on both private and public works projects. Ms. Giardina also performs claims analysis, contract reviews and the drafting and negotiation of contracts, and counsels clients on preventative measures, claim avoidance, insurance and risk management and compliance with legal requirements.
Representative MattersMs. Giardina’s representative clients include owners, general contractors, specialty subcontractors, architects and engineers, product manufacturers and suppliers. She has successfully tried several cases in Northern California, including complex cases involving multimillion-dollar claims on residential and mixed-use projects and defeated a million-dollar contract claim against an engineering firm. Ms. Giardina also has success in construction-related appeals.
Publications and Presentations
- Presenter, “Contractor’s Dilemma of Dealing With Bad Plans and Specs,” Lorman Educational Services Webinar (August 2013 and March 2014).
- Presenter, “Liability Issues Facing Design Professionals,” Structural Engineers Association of Northern California’s Business Forum (May 2010).
- Presenter, “Business Ethics Models for Contractors Performing on Government Projects,” Construction Super Conference, San Francisco (2009).
- Author, “California Adopts Eichleay Formula,” California Constructor Magazine, Associated General Contractors; American Bar Association, Division 13 Newsletter (2016).
- Author, “New Indemnity Law Protects Subcontractors,” Legal Insights, Chartis Insurance/AIG (2012).
- Author, “Is Your Subdivision a ‘Public Works’ Subject to Prevailing Wage Laws?” published by Lorman Education Services and republished in Sedgwick’s Dirt Report (April 2011).
- Author, “Federal Acquisition Regulations (FAR) Business Ethics: The Basics,” Construction Executive (December 2010).
- Author, “Does Graystone Signal the End of the Economic Loss Rule in New Residential Home Construction in California?” Sedgwick’s Construction Practices Newsletter (2009).
- Author, “Draft Clauses Carefully to Avoid Recovery of Attorneys’ Fees in Tort,” Sedgwick’s Real Estate Newsletter (2008).
- U.S. District Court (N.D. Cal.)
- 9th U.S. Circuit Court of Appeals
- J.D. (1982) Golden Gate University School of Law
- B.A. (1974) University of California at Santa Cruz (Literature and Theater Arts)
- Under Ms. Giardina’s leadership, the San Francisco Chapter of the NAWIC has received numerous awards for program excellence
Memberships and Affiliations
- State Bar of California, Litigation Section
- American Bar Association
- National Association of Women in Construction (NAWIC), San Francisco Chapter
- NAWIC, San Francisco Chapter, Programs and Education Committee (which focuses on construction education and the professional development of women in construction) — chair