Benjamin J. Morris

Benjamin Morris is a partner and construction lawyer whose practice focuses on advising and counseling owners, developers, contractors, engineers, subcontractors and suppliers throughout all phases of complex construction projects and construction litigation. Benjamin guides clients through contract drafting and negotiation, risk management analysis, delay analysis, lien filing and defense and claim enforcement on both private and public projects. During his career, Benjamin has worked on various projects ranging from large commercial and industrial facilities, mixed-use residential and commercial buildings, highways and railways and large data centers.  Benjamin also guides clients on regulatory compliance issues related to contractor licensing.

Benjamin also handles business and complex litigation, including defense of trade secret misappropriation, breach of contract, unfair competition and consumer class action claims. His commercial clients have included biopharmaceutical companies, consumer electronics manufacturers, technology companies, consumer products companies and banks. He is a member of the firm’s Construction and Business Litigation & Dispute Resolution Practices.

Prior to joining Foley, Benjamin was an associate with a global intellectual property law firm. He has served as a judicial extern for the Honorable Patricia D. Benke of the California Court of Appeals, Fourth District, Division One (2007) and as a law clerk in the Civil Division of the U.S. Attorney’s Office (2006). 

Representative Experience

• Represented large subcontractor on federal government construction project related to construction and installation of Sensitive Compartmented Information Facilities.
• Successful resolution of significant non-payment claim for subcontractor on large Northern California public works project.
• Representation of the receiver of a national electrical contractor in arbitration concerning the $1.3 billion dollar Utah Data Center constructed by the Army Corps of Engineers for the National Security Agency
• Represented the owner in litigation related to engineering and construction defects present in a major cathedral complex
• Represented an owner on construction defect claim related to significant water intrusion and building envelope failures stemming from multimillion-dollar new construction and renovation project
• Represented local non-profit church in defense of claims by general contractor for breach of contract during renovation project
• Assisted a worldwide leader in architectural, engineering, planning and construction services in the development of a multimillion-dollar claim measuring the cumulative impact of hundreds of owner imposed changes, delays and disruptions on a major public highway project
• Obtained judgment against client’s subcontractor for significant additional costs incurred from subcontractor’s breach of contract and abandonment of project
• Full recovery of engineering client claims plus attorney fees after client wrongfully terminated for cause by owner 
• Obtained TRO and preliminary injunction against former officer of California bioscience company when the officer abruptly disappeared with company computer and records amid investigation of financial irregularities. Obtained forensic evidence that the officer copied and then deleted files from the computer after being served with turnover order from the court

Recognition

• Nominated for Casa Cornelia Law Center's 2021 Pro Bono Publico Awards (2021)
• Benjamin was selected for inclusion in the 2015, 2016 and 2017 San Diego Super Lawyers® – Rising Stars list.

Education

• California Western School of Law (J.D., magna cum laude, 2008) 
  • Editor-in-Chief, California Western Law Review
  • Associate writer, California Western International Law Journal
• University of California, Berkeley (B.A., 2000)

Affiliations

• Member, San Diego Volunteer Lawyer Program’s Board of Directors (SDVLP)
• Barrister, Honorable William B. Enright Chapter of the American Inns of Court
• Member, American Bar Association (including Forum on Construction Law)
• Member, Federal Bar Association, San Diego Chapter
• Member, San Diego County Bar Association (including Construction Law Section) 
• Member, Build & Serve Committee, Associated General Contractors of America, San Diego Chapter
• Board of Directors, San Diego Volunteer Lawyer Program (February 2021)

Admissions

• California
• U.S. Court of Appeals for the 9th Circuit 
• U.S. District Court for the Southern, Central, Eastern and Northern districts of California

Publications

• Author, “The Importance of Knowing and Complying With Your Contract’s Notice Provisions,” Piledriver, Vol. 14 No. 6 (2017)
• Author, “Does Your Additional Insured Endorsement Entitle You to a Defense?” Under Construction, Vol. 19 No. 2 (2017)
• Co-author, “Do You Want to Know a Secret? Recent Developments in California Trade Secret Law,” ABTL Report, Volume XVIII No. 2 (2011)
• Author, “A Door Left Open? National Railroad Passenger Corp. v. Morgan and its Effect of Post-filing Discrete Acts,” CAL. W. L. REV., 43, 497 (2007)

Presentations

• “Recent Developments in California Construction Law,” California Lawyers Association, Real Property Law Section (July 2021)
• “What’s New?: Construction Law Update 2020,” Associated General Contractors of America, San Diego Chapter (June 2021)
• “Recent Developments in California Construction Law,” Construction Law Section San Diego County Bar Association (June 2018 and June 2019)