The Construction Group scored a victory in the California Court of Appeal, resulting in dismissal of a case originally filed in 2001. Partners Bill Peters and John Condrey, with assistance from associate Molly Machold, represented a project architect in litigation involving alleged defects at a school in a Northern California Unified School District. After many years, the case was settled, with the exception of claims asserted by the general contractor, who disputed the good faith of the settlement motion filed by the project architect.

When the good faith motion was granted, the general contractor sought and obtained reconsideration and also sought, alternatively, the right to amend its complaint to avoid dismissal of the architect. The court affirmed its decision after reconsideration and refused to address the amendment of complaint issue as not properly before the court. The contractor appealed.

On appeal, the contractor argued the trial court abused its discretion by failing to consider and grant the request to amend. John Condrey argued on behalf of the project architect on January 11, 2007. On January 25, 2007, The Fifth District Court of Appeal affirmed the trial court's determination that the request to amend the complaint by the general contractor was not properly before the court and the trial court's order dismissing the project architect from the action.