John Foust
John Foust
Partner
e: jfoust@rallsgruber.com
p: 415-971-9181
Boston College Law School
J.D. 2001
–Magna Cum Laude
–Order of the Coif
–Managing Editor, Boston College Law Review
University of New Mexico
B.A. 1994, General Honors
McGill University
Jones Day
Partner, 2011-2015
Howrey LLP
Partner, 2010-2011
Senior Associate, 2008-2010
Thelen LLP
Associate, 2002-2008
Summer Associate, 2000
U.S. District Court (D. Mass.)
Law Clerk to Hon. Edward F. Harrington (2001–2002)
California
New Mexico
Nevada
Editor-in-Chief of The Construction Lawyer, a scholarly law journal published by the American Bar Association.
Immediate Past Chair of the International Construction Division of the American Bar Association’s Forum on Construction Law.
Ranked in: Chambers Guide (Construction, CA); The International Who’s Who of Construction Lawyers; Legal 500 US (Construction and Real Estate Law); Super Lawyer, Northern California Super Lawyers Magazine, 2009-Present; LMG ExpertGuide (Rising Star)
John is a Chambers-ranked lawyer with an international practice specializing in complex disputes involving construction, energy, and technology.
- International disputes. John represents contractors, developers, energy companies, and technology companies in international disputes. This includes acting as lead counsel in international arbitrations, as well as helping coordinate and manage the work of local counsel when litigation is threatened or initiated in foreign courts.
- Domestic construction claims. Domestically, John represents owners and contractors in the prosecution and defense of all manner of contract disputes, including schedule claims, payment claims, change-order and extra-work claims, as well as defective-work claims and post-completion warranty claims. He has litigated construction cases in state court, federal court, and before arbitration tribunals in California, Nevada, Minnesota, New Mexico, New York, Hong Kong, and Dubai.
- Construction contract crafting & review. John drafts and negotiates contracts for construction projects, including construction contracts, architecture and engineering agreements, material purchase agreements, guarantees, master development agreements, joint venture agreements, and others.
John frequently writes and lectures on issues involving international disputes. He is the former Chair of the International Division of the American Bar Association’s Forum on Construction Law and the former Editor-in-Chief of the scholarly law journal, The Construction Lawyer. He has been recognized as a leading lawyer by Chambers USA, International Who’s Who of Construction Lawyers, SuperLawyers, Legal 500, the LMG ExpertGuide.
Prior to joining Ralls Gruber & Niece, John was a partner at the law firms of Jones Day and Howrey LLP. He clerked for the U.S. District Court for the District of Massachusetts (Hon. Edward F. Harrington).
Represented an international EPC contractor in an eight-week arbitration over a series of solar power plants for a European public utility company. At arbitration, the contractor successfully defended against approximately $100 million in termination-related damages and prevailed on its own claim for abandonment of contract and quantum meruit. The contractor also recovered its attorney’s fees and costs.
Represent the owner/developer of a mixed-use, high-rise tower in Los Angeles valued at more than $1.5 billion against over $300 million in claims by contractors and subcontractors, including claims in arbitration and in Los Angeles Superior Court. See, e.g., Webcor Constr. L.P. v. Lendlease (US) Constr., 2020 Cal. App. Unpub. LEXIS 8394.
Drafted and negotiated all of the key project agreements for the developer for a mixed-use, high-rise project in San Francisco valued at approximately $1.5 billion, and served as project counsel for various pre-disputes and potential claims.
Drafted and negotiated the prime contract for the owner/developer of a multi-building technology campus in Burlingame, CA, valued at approximately $500 million.
Represented MGM Resorts International in connection with a complex, multi-billion-dollar dispute over the design and construction of the $8.5 billion CityCenter development in Las Vegas. See In re CityCenter Constr. & Lien Master Litig. v. Eighth Judicial Dist. Court of Nev., 2011 Nev. Unpub. LEXIS 1433; Tutor Perini Bldg. Corp. v. Eighth Judicial Dist. Court of Nev., 2013 Nev. Unpub. LEXIS 1012; Converse Prof’l Group v. Nev. (In re CityCenter Constr. & Lien Master Litig.), 2011 Nev. Unpub. LEXIS 1280.
Represented the master developer in a series of actions arising from the redevelopment of the Hunter’s Point shipyard in San Francisco. See Center for Self-Improvement & Community Development v. Lennar Corp., 173 Cal. App. 4th 1543 (2009); Scott v. Lennar Corp., 2013 Cal. App. Unpub. LEXIS 3674.
Represented an international EPC contractor in a series of claims arising from the construction of a bio-pharmaceutical plant in Spain.
Represented a US-based oil company in connection with a billion-dollar partnership dispute against state-owned oil company in Asia.
Ongoing representation of Silicon-Valley tech giant in connection with litigation in the Asia-Pacific region.
Editor of The Construction Lawyer, a scholarly law journal published by the American Bar Association, and author of Notes from the Editor.
Hot Issues In-House and Outside Counsel Must Understand when It Comes to the International Relationship, ABA Forum on Construction Law 2017 Annual Program, Washington, DC (Presenter and Author)
Risk Transfer in Renewable Energy Projects, Risk Management Summit 2017, Las Vegas, NV (Co-Presenter)
Investment Trends in San Francisco Real Estate: 2016 Outlook, Association of Asian American Bankers, November 2015 (Presenter)
Breakfast Briefing on Cross-Border Discovery, Huron Legal Institute, San Francisco, June 2014 (Presenter).
Saving Costs and Avoiding Missteps in the Preservation, Collection, and Production of Documents and ESI in Construction Disputes, ABA Forum on Construction Law, Fall Program 2012, Boston, MA (Presenter and Co-Author with US District Court Judge Timothy S. Hillman).
