Education
University of California, Davis, School of Law (J.D., 2012)
Harvard University (B.A., 2009),cum laude
Bar & Court Admissions
Services
- Litigation and Trial
- Construction
- Infrastructure, Public-Private Partnerships (P3)
- Business and Commercial Litigation
- Real Property Litigation
Industries
Overview
Justine’s practice focuses on construction and commercial transactions and litigations. Her clients include both private and public owners, general contractors, and specialty contractors. She has extensive experience drafting complex construction agreements for some of some of the nation’s largest and most cutting-edge projects including commercial/industrial vertical construction, roads, bridges, rail, airports, schools, hospitals and more. While Justine specializes in alternative project delivery for large infrastructure projects, her cradle-to-grave experience includes procurement, financing, contract negotiations, change management (including delay, disruption, and inefficiency claims), close-out, operations and maintenance, DRB, administrative proceedings, arbitration, judicial reference, and litigation (including alter ego).
Justine previously served as Deputy General Counsel for a large specialty contractor, which practical experience informs her private practice. Prior to her time in-house, Justine was an individually ranked Chambers practitioner and a Super Lawyers Rising Star 2016-2022. Her prior work experience also includes externships at both the U.S. Attorney’s Office and the Federal District Court for the Eastern District of California.
While at UC Davis School of Law, Justine received the Witkin Award for excellence in legal research and writing. She was also one of two students selected to represent the school at the Constance Baker Motley National Moot Court Competition.
When not practicing law, she enjoys running, writing music, and spending time with her husband and two children.
Experience
Transactional Experience
- P3s. Drafting and negotiating public-private-partnership agreements (including design-build-finance-operate-maintain and all variations thereof) from the teaming agreement stage through financial close, including for the SFMTA Potrero Yard Modernization Project, the City of Los Angeles Convention Center Project, the Phoenix Sky Harbor International Airport Parking and Hotel P3 Pursuit, the Merced 2020 Project, the Long Beach Civic Center Project, and more.
- EPCs. Drafting and negotiating Engineering, Procurement, and Construction contracts for PV, BESS, and data center projects.
- IFOA. Experience negotiating integrated form agreements including incentive compensation layer and risk-sharing for hospital projects.
- Lease-Leaseback. Experience reviewing and advising on Project structure and risk for lease-leaseback agreements.
- Design-Build. Drafting and negotiating design-build agreements.
- Other. Responding to RFPs, public procurements, design agreements, AIA, DBIA, construction contracts and subcontracts of all types.
- Served as first chair representing general contractor in a complex multi-party litigation involving contractor and subcontractor claims totaling over $50M against Project Owner for extra work, delay, and inefficiency, arising out of high-rise mixed-used residential project in San Francisco. Successful outcome of this complex litigation including judgment against Project Owner as to certain claims following judicial reference.
- Served as first chair and recovered 100 cents on the dollar plus fees on behalf of general contractor asserting delay claim against subcontractor on hotel project in Sunnyvale.
- Represented specialty contractor seeking recovery of costs against Project Owner for extra work, delay, and inefficiency on high-rise, mixed use residential project in Los Angeles. Successfully achieved favorable settlement of claims.
- “I value your intellectual rigor with respect to all the issues you’ve addressed in this case.” – Judicial Referee
- “Justine is very smart, diligent, and dedicated to her clients.” – Market Participant, Chambers 2022
- “Justine Kastan is great. I find her to be smart and easy to work with. Her writing is good. She is definitely a strong player.” – Market Participant, Chambers 2022
News and Insights
Related Posts
June 21, 2022 | Rutan’s Construction Practice Recognized by Chambers USA 2022
April 24, 2020 | Rutan’s Construction Practice Recognized by Chambers USA 2020
February 25, 2020 | How to get payment from slow-paying general contractors
December 23, 2019 | As new plan for UNLV medical building takes shape, questions emerge
February 28, 2019 | How to effectively manage an underperforming sub
June 19, 2018 | How to make sure a contract protects your money
Publications
Recent Presentations
- Construction Damages, ABA Forum on Construction Law SF Regional Conference, December 2022
- Public-Private Partnerships in California, Sacramento County Bar Association Public & Construction Law Section, May 2022
- The Evolving Federal Role in State and Municipal Infrastructure Delivery, P3C Dallas, 2019
- P3 Developments and Outlook: 2017, Rutan & Tucker Design Build Construction Symposium, click here.
- Pressure Points for P3s in Higher Education, P3C Higher Education Summit, 2017
- Managing the Risks of Alternative Project Delivery at Every Level of Business, AGCC Construction Expo, 2017
- P3s for Emerging Sustainable Water Projects, P3 Water Summit, 2017
- Pressure Points for P3s in Higher Education, P3C Dallas, 2017
- Risk Transfer in Private Commercial Construction Contracts, Santa Clara County Bar Association, 2016
- Construction Bonds and Insurance, Small Business Development Center, 2015
- Recent Developments in Construction Law, American Society of Professional Estimators, 2015
- Litigation Strategy, National Association of Women in Construction, 2013
Awards & Affiliations
Awards & Honors
- USA Chambers and Partners Leader in her field - Construction, 2023
- USA Chambers and Partners Up and Coming – Construction, 2020-2022
- Northern California Super Lawyers, Rising Stars edition, 2016-2020
Memberships & Associations
- Chair, Real Property Executive Committee, Santa Clara County Bar Association, 2016
- Member, Legal Advisory Committee, Associated General Contractors of California
- Member, Performance Based Building Coalition
- Member, California State Bar Association