Jonathan J. Sweet is a Martindale-Hubbell Directory AV-rated attorney (highest rating), who regularly represents small and medium-sized businesses in contract review and drafting, and other legal issues. Should litigation be necessary, he can refer you to a qualified attorney to handle that for you.
He has been an attorney since 1986, and operated his own law firm since 1991. He has served on the Board of Directors of the Peninsula Builders Exchange, San Carlos, CA, since 2002, has taught law school courses since 1994. Public service record with Santa Clara County Superior Court available upon request.
Mr. Sweet has written two books on construction law:SWEET ON CONSTRUCTION INDUSTRY CONTRACTS: MAJOR AIA DOCUMENTS, (Wolters Kluwer Law and Business, 7th Ed., 2023) (also available on Amazon), and AVOIDING OR MINIMIZING CONSTRUCTION LITIGATION, (John Wiley & Sons, 1993).
Mr. Sweet advises clients to have an attorney review important legal documents to avoid risk and litigation. If litigation is unavoidable, he strongly advocates that his clients use alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve disputes at an earlier stage, to lessen disruption to clients’ businesses, and to lower the legal expenses incurred by his clients.
Mr. Sweet is also available to act as a professional arbitrator or mediator when retained by either parties or attorneys for parties, as opposed to acting as legal counselor and advocate.
MEMBERSHIPS:
California State Bar Association 1986 to present
Santa Clara County Bar Association, 1990 to present
American Institute of Architects, Associate Member of Santa Clara Valley Chapter 2007 to present
Peninsula Builders Exchange, Board of Directors, 2002 to 2020, Board President 2016-2018
United States Fencing Association, (The sport of competitive fencing), 1975 to 2017
EDUCATION:
University of San Francisco, J.D. in May 1985; Member of Dean's Committee on Ethics 1984-1985
University of California, Berkeley, B.A. in Italian, December 1978, Member of UC Berkeley Fencing Team 1975-1978
EXPERT WITNESS/CONSULTANT:
Consultant on $40,000,000 residential construction project at Incline Village for Nevada law firm, involving validity of onerous construction contract clauses, conflict of interest issues, June 2000
Consultant for Bank of America on Texas case involving waiver of subrogation clauses in construction contract where subcontractor negligence caused multi-million dollar loss to premises being upgraded, June 1999
Contract law; testified at deposition as an expert witness in federal court in December 1997 in LYZWA v. CHU on ownership and use of construction design documents.
ADDITIONAL PUBLICATIONS:
Law Review Article for Lincoln Law School of San Jose, CONSTRUCTION SUBCONTRACT PAYMENT CONDITION CLAUSES and William R. Clarke Corp. v. Safeco Insurance Co. of America, 2003
New AIA B141 on Ownership of Design Documents: Instruments of Service or Involuntary Servitude, article published in the Construction Litigation Reporter, April 1998; article reproduced in its entirety at CONSTRUCTION LAW SEMINAR, June 11, 1998, in Kansas City, Missouri, and June 12, 1998 St. Louis, Missouri, sponsored by local chapters of AGC, ASA, and other construction organizations:
Seminars presented since 1991 on legal subjects such as Construction Law, Intellectual Property such as Copyright and Trademark, General Business Law on Collecting Receivables, Risk Management, and Negotiations; specifics availabl
