Penny Pittman Cobey

Counsel

Los Angeles
T +1.310.979.8484
F +1.310.820.8859

Overview

Penny Cobey concentrates her real estate practice on construction, infrastructure development and public private partnerships. She frequently advises clients on state and local government contracts matters and has represented clients at administrative hearings and agency board meetings. 

Penny has authored testimony on the monetization of public assets for the New York State Asset Maximization Commission and the transportation committees of the State of Colorado legislature. She speaks frequently on development issues and is a former Governing Committee member of the ABA Forum on Construction Law. She has lectured on design and construction issues to ABA Forum on the Construction Industry audiences across the United States, as well as to the American Institute of Architects, annual Build Boston expositions, public agencies, ALI-ABA programs and Yale University architectural students.

Select Experience

  • Led a legal team advising the City of Davis, California, in connection with the development of a $100 million design/build wastewater treatment facility.
  • Advised one of the largest international providers of food and beverage concessions to airports in connection with its responses to requests for proposals issued by an agency of the City of Los Angeles. Led the team defending a recommended contract award valued at more than $600 million before the Los Angeles City Council against bid protests.
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Experience

  • Led a legal team advising the City of Davis, California, in connection with the development of a $100 million design/build wastewater treatment facility.
  • Advised one of the largest international providers of food and beverage concessions to airports in connection with its responses to requests for proposals issued by an agency of the City of Los Angeles. Led the team defending a recommended contract award valued at more than $600 million before the Los Angeles City Council against bid protests.
  • Advised on joint venture bidding on a substantial contract for design, engineering and project management services for the proposed High Desert Toll Road north of Los Angeles, to be developed by a public private partnership. Issues included the analysis of procurement documents, recommendations for enabling legislation, and advice as to bid protest.
  • Represented client in the development of a luxury condominium project in Wilshire Corridor. The site was assembled in part by leasing land from the Metropolitan Transportation Authority at a bargain rate in return for renovating a subway stop and adding amenities and MTA employee parking. Issues included negotiating a complex ground lease; drafting and negotiating contracts for architects, the construction manager and the owner's representative; analysis of insurance options and advice on wrap coverage; and advice on claim prevention. Construction costs were more than $100 million.
  • Represented client in the renovation, seismic retrofit and new exhibit design for the Natural History Museum of Los Angeles County, a project estimated at more than $100 million in construction costs. Development approvals were negotiated with Los Angeles County, partial owner of the museum, and the City of Los Angeles, owner of the museum site. Financing was achieved through a combination of county and state funding and issuance of tax-exempt bonds. Work included drafting and negotiating contracts with the architect, exhibit designer and construction manager.

Recognitions and Memberships

Recognitions

  • The Legal 500
    • Recommended in Construction (including construction litigation) (2017)
    • Outstanding Lawyer in Public-Private Partnerships and Transactional Construction Matters (2011, 2013, 2014)

Memberships

  • American Bar Association Forum on Construction Law: Board of Governors (2001 to 2003)
  • California Bar Association
  • Los Angeles County Bar Association
  • Boston Bar Association Committee on Construction Law: Founder and First Chair

Community

  • Bridges Academy, Board of Trustees: Chair (2003 to 2006)
  • Marlborough School Class of 2010: Fundraiser for Parents Fund

Prior Positions

  • McKenna Long & Aldrige LLP: Counsel (2007 to 2015)
  • Brown Winfield & Canzoneri LLP: Of Counsel (2005 to 2007)
  • Los Angeles Unified School District: Associate General Counsel (2002 to 2005)
  • J. Paul Getty Trust
    • Acting General Counsel (1999 to 2002)
    • Associate General Counsel (1998 to 1999)
  • Hill & Barlow, LLC
    • Partner (1992 to 1998)
    • Associate (1984 to 1992)

Admissions

  • California
  • Massachusetts

Education

  • J.D., Harvard Law School, 1984, cum laude
  • Ph.D., English and American Literature, Harvard University, 1979
  • B.A., University of Cincinnati, 1972, summa cum laude