Timothy M. Hutter

Tim handles a multitude of responsibilities for clients and within the firm. He leads the joint litigation team in our San Diego and Orange County offices, with a focus on business and real estate disputes, including construction, entitlement, land use, contract, joint venture, and landlord/tenant litigation. Tim often represents clients in state and federal court, as well as mediation and arbitration proceedings with JAMS, the American Arbitration Association (AAA), and other neutrals in alternative dispute resolution (ADR).

Tim is the co-chair of the firmwide Construction Practice Group, which provides services to our owner/developer clients ranging from preconstruction due diligence and contract negotiation to delay claim, change order, mechanics lien, and defect disputes. Tim’s construction practice includes commercial and residential projects, including defect actions, lien claims, delay claims, and non-disclosure claims in purchase and sale disputes. Tim primarily represents owners and developers of construction projects, but represents both plaintiffs and defendants.

Tim is also a statewide leader in density bonus and affordable housing policy, helping clients to plan, entitle, and develop residential and mixed-use projects utilizing California's density bonus and other housing laws to incorporate and develop market-rate and affordable housing, often in the face of fierce opposition from neighborhood groups and civic leaders. Tim aids owners and developers as they seek approvals from local jurisdictions, and litigates to protect their rights under state and local laws. While navigating density bonus, inclusionary and Surplus Land Act regulations, Tim has worked on some of the most complex and controversial housing projects in the state, often requiring extensive dialogue with the California Department of Housing and Community Development (HCD). As part of the approval process, Tim frequently reviews and negotiates the terms of affordable housing agreements with local agencies to document affordable covenants, including off-site transactions.