Gregory S. Gerson
Top rated Construction Litigation attorney in San Jose, California
Attorney at Law
Practice areas: Construction Litigation, Business Litigation, General Litigation
Licensed in California since: 2017
Education: Widener University – Delaware Law School
Selected to Super Lawyers: 2020 - 2025 
Selected to Rising Stars: 2008, 2010 - 2011, 2013 Details
Mr. Gerson has been in practice for over 15 years. His practice is concentrated in construction litigation but extends to broader related fields including, without limitation, commercial, contract, and tort law. Mr. Gerson's experience includes representing individuals, businesses, and government units as both plaintiffs and defendants. That experience includes trial and appellate practice in state and federal courts. He is a proud member of the Phi Beta Kappa honor society, America's oldest academic honor society (established 1776), and he graduated cum laude from law school. While in law school, Mr. Gerson was a member of the mock trial honor society and law review. He is licensed in California, New Jersey, New York, and Pennsylvania. Mr. Gerson is honored to be again selected to Super Lawyers.
First Admitted: 2003, Pennsylvania
Bar/Professional Activity:
- Construction Financial Management Association, Silicon Valley Chapter, 2020
- San Mateo County Bar Association (2019) Santa Clara County Bar Association (2018) Queen's Bench Bar Association (2018) ABA Advisory Panel (Since approx 2014) Delaware County Trial Lawyers Association (Since approx 2003), 2019
Verdicts/Settlements (Case Results):
- Settled subcontractor dispute involving cost escalation and negligent misrepresentation. , 2023
- Litigated and settled contentious financing dispute. , 2023
- Six figure judgment against contractor, plus attorneys' fees and bond recovery. , 2021
- Settlement achieved in six-figure case and without litigation., 2022
- Six-figure settlement to client in construction litigation involving allegations of deficient and delayed performance and non-payment. , 2022
- Six figure settlement for general engineering contractor for underground claims., 2021
- On behalf of defendant client, resolved claim by local agency at approximately 10 percent of claim., 2020
- Recovery of hard costs and delay damages from utility., 2021
- Resolve alleged defect and payment claims., 2021
- Six figure judgment against partnership and its partners including penalties and attorneys' fees., 2020
- Six figure settlement at 98 percent of claim for engineering contractor., 2020
- Achieved favorable settlement with surety., 2020
- Settled case while representing several defendants who were exposed to up to $5 million in damages or more. Clients were required to make no payment and were extremely satisfied., 2020
- Favorable settlement of competing claims in particularly contentious construction dispute., 2020
- Settlement recovery of entire claim before suit even filed., 2020
- Settlement receiving entire claim amount even before opposition's answer to complaint was due., 2020
- Helped secure decision of dismissal of citation against contractor issued by the state which would have cost contractor dearly in reputational and financial damage., 2020
- Settlement and release concerning multiple claims in energy and utilities area of construction. Excellent settlement. Client and opposing party had several claims against each other. After digging into facts of the case and negotiating in person for half a day, excellent resolution struck resolving all claims., 2019
- Successful negotiation of termination of non-performing contractor by upper tier contractor., 2019
- Excellent settlement reached for tenant suffering through mold, insect infestation, and other defects., 2019
- Excellent six figure settlement in contracts and agreements context. , 2019
- Recovered on behalf of contractor complete amount of delinquency withheld for many months and did so at nominal cost to client and in very short time. Hired by former opposing party due to past performance., 2019
- Six figure settlement reached for client in multi-party contract dispute., 2018
- Great settlement. Negotiated with seller to re-purchase defective goods and compensate client buyer for losses. , 2019
- Obtained substantial recovery for client in contract dispute against defendant thought to be judgment proof. Client had written the matter off as a loss. However, due to my diligence and pursuit, client recovered approximately 90% of its claim., 2019
Transactions:
- Negotiate the contentious return of dangerous and defective machinery, the payoff of existing financing, and the replacement alternative transaction avoiding litigation., 2021
- Resolved complicated title issue in order to clear title to allow derailed real estate transfer to settle., 2020
- Resolved leasing dispute in short order, clearing the way for realty sale. , 2020
- Negotiated favorable patent royalties agreement for client in construction industry., 2019
- Made possible and achieved closing of postponed, threatened sale of $1M+ property by resolving dispute between contractor and owner, drafting and obtaining releases, using escrow officer to orchestrate prompt exchange of settlement payment and release, and worked with agents, title office personnel, and escrow personnel under short timeframe and high pressure. , 2019
Special Licenses/Certifications:
- Also licensed to practice law in: New Jersey, Pennsylvania, and New York., 2018
Pro bono/Community Service:
- Municipal Environmental Advisory Council
Educational Background:
- Graduated law school cum laude., 2003
Scholarly Lectures/Writings:
- Payment remedies in construction industry., Presenter, How to Get Paid, Construction, 2021
Other Outstanding Achievements:
- Counseled business through corporate succession and other transition and governance issues., 2025
- Secured right to attach order in the amount of $285,000 in sharply contested commercial lease dispute., 2022
- Substituted into a hotly contested, long-lived matter. After serving motions, including for summary judgment / adjudication, secured the dismissal of client., 2023
- Multiple successful collections for delinquent project payments., 2023
- Argued opposition to motion for $400,000+ in attorneys' fees. Fees denied., 2022
- Full recovery of withheld retention., 2020
- In high stakes real estate litigation, opposed attorney's fee motion for $1,400,000 resulting in court's decision to decrease award by nearly two-thirds to $512,000., 2022
- Counseled client through dispute with city regarding disadvantaged business., 2021
- Successfully pursued judgment enforcement against out of state debtors and assets., 2020
- Counseled client through termination of franchise agreement avoiding thousands of dollars in expense and exposure., 2019
- Counseled client to agreement with public agency to resolve construction dispute avoiding litigation and additional claims. , 2021
- Counsel on the separation and termination of contract between supply and service company and dental practice., 2021
- Coordinate several hundred thousand dollar payment to client while reserving pertinent rights while under time constraints and within 2 hours of matter intake., 2021
- Successfully opposed bankruptcy trustee's claim of preference payment. Result: client retained sizeable payment., 2021
- Resolved dispute between business client and funder allowing for long term undisturbed business relationships with third parties. , 2020
- Persuaded court to remove bankruptcy stay retroactively, clearing the way for client's million dollar claim., 2020
- Reversed client's suspended and inactive status with Secretary of State., 2019
- Prepared a suite of contract documents for use by niche contractor allowing it to be more agile for various contracting scenarios in which it routinely is a party., 2020
- Successfully argued for rescission of agreement thereby avoiding client's unintended waiver of $342,000, 2020
- Advising business clients of evolving COVID-19 regulatory issues., 2020
- Achieved withdrawal of multiple lis pendens (notices of pending litigation) that were filed concerning my client's properties and which were having an adverse impact on the marketability of those properties., 2020
- Secured $515,000 payment to client contractor after intensive investigation and negotiation of obstruction issues by payor. Client extremely grateful., 2019
- Client service award
- Negotiated and secured voluntary dismissal by plaintiff of defendant client who was sued on the other side of the country. My relentless efforts avoided thousands of dollars in defense costs at a minimum., 2019
- Represented several contractors in the development and preservation of more than $5 million dollars in claims. Result: claims secured., 2019
Industry Groups:
- Business
- Construction
- Education
- Government
- Real Estate
Office location for Gregory S. Gerson
San Jose, CA 95150
Selections
6 Years Super Lawyers
4 Years Rising Stars
- Super Lawyers: 2020 - 2025
- Rising Stars: 2008, 2010 - 2011, 2013