Kearney & O'Banion, Inc.

During construction, building owners must ensure that their projects meet Building Codes, safety standards and regulations, provide habitable spaces, and preserve the value of their investments. However, the presence of construction defects and water intrusion pose significant challenges. These issues often give rise to disputes and legal conflicts involving property owners, contractors, and insurance companies. Unfortunately, many individuals fail to recognize the importance of seeking professional help until problems arise, exacerbating the situation even more.

Kevin M. Kearney, the founder of Kearney & O’Banion, Inc., understands the intricacies involved in construction and provides specialized services in construction management, forensic analysis, and litigation.

Kearney & O’Banion, Inc. was established in 1980 as a general construction company focusing on the restoration of period homes within the San Francisco Bay Area. Over the years, its expertise expanded to forensic analysis of water intrusion and construction defects.

Mr. Kearney has proved his expertise in 58 court trials and arbitrations, hundreds of mediations, and been deposed over 350 times accumulating an impressive record of handling the stress of litigation.

“We ensure clients receive the support they need to navigate construction projects and address any issues, including accurate cost estimation and expert case development,” says Kearney.

Mitigating Construction Risks and Achieving Legal Success

The company understands the importance of offering professional advice before the beginning of construction projects. It enables decision-making and sets the foundation for a well-executed construction project. Pre-project consultations ensure that contracts are written correctly, and that contractors are properly qualified to perform their trade.

“Construction is all about planning and staying updated with the ever-evolving regulations and codes. Planning from the early stage is important. By investing time and money in pre-construction consultations, property owners can significantly mitigate the risk of construction defects and related legal complications,” says Kearney.

Setting Kearney & O’Banion, Inc. apart is its personalized approach to each case. With a deep understanding of construction and litigation, they go above and beyond most industry experts to develop a compelling case strategy for clients, rather than waiting for instructions from attorneys. Their ability to proactively develop a case by leaning on years of experience has resulted in an impressive success rate of 98 percent in court. Clients trust the professionalism and diligence they bring to every case and their ability to deliver outstanding results.

“Our extensive expertise in construction enables us to provide expert witness testimony and serve as a legal expert in cases. From construction defect and cost analysis to code enforcement, HOA disputes, subrogation, illegal units, and San Francisco housing laws, we have the bandwidth to deliver invaluable insights and guidance in the legal realm,” says Kearney.

Unleashing the Power of Accurate Pricing and Personalized Service

Kearney & O’Banion’s success in litigation stems from its expertise to accurately and competitively price projects. While insurance companies often rely on software to provide the lowest possible prices, Kearney & O’Banion involves subcontractors for specialized tasks and combines their estimates with self-performed trades to ensure an accurate cost assessment. The company’s understanding of real construction costs gives it a significant advantage in court when advocating for fair compensation.

Here’s what one of its clients, Mark Hooshmand, Esq., has to say: “We have retained Kearney in many of our cases concerning complicated issues regarding construction. I am always amazed at how he is able to synthesize complex issues in a way that can be easily explained to the court and jury. He readily connects with the jury, and his testimony is solid and unshakeable because he thoroughly prepares for each case. His extensive experience also provides significant credibility. I’d recommend Kearney to anyone with a complex legal matter involving construction.”

Building a Legacy of Expertise

Kevin Kearney was recently joined by his son, Robert Connor Kearney, after his graduation in June of 2022 with a degree in Mechanical Engineering from UC Davis.

Together they have formed a second firm, Kearney and Son Contracting and Consulting, Inc. to handle the litigation consulting end of their business while Kearney and O’Banion, Inc. handles construction projects and habitability cases.

Kearney’s 45 years of knowledge in the construction industry is the biggest advantage for Kearney & O’Banion, Inc. and Kearney & Son Contracting and Consulting, Inc., allowing it to deal with cases of any complexity. With over $220 million worth of actual construction projects under his belt, Kearney possesses a deep understanding of the best practices involved in construction.

With his son, a mechanical engineer, recently joining the company, Kearney envisions the potential for growth in the coming years. His expertise extends beyond California’s borders, as his reputation has led to occasional engagements in other states with similarly stringent building codes.