About the Authors
JAMES ACRET, author of chaps 1–2, 6, 8, and 10 and coauthor of chaps 5, 7, and 15, earned his B.A. in 1951 from the University of California, Los Angeles, and his J.D. in 1957 from the University of California, Los Angeles, School of Law. In his distinguished 50-year career, Mr. Acret handled scores of trials, mediations, and arbitrations, representing contractors, owners, architects, engineers, developers, and sureties. He is an experienced construction industry arbitrator and mediator and was a member of the committee that rewrote the California Mechanics’ Lien Law in 1969. He has lectured on construction law at law schools and professional associations and is the author of numerous books on construction law. Mr. Acret also wrote a chapter in California Mechanics Liens and Related Construction Remedies (3d ed Cal CEB) and was a panelist on many CEB construction law programs. Mr. Acret announced his retirement in late 2007.
JON T. ANDERSON, author of chap 11, is a member of Thelen Reid & Priest in San Francisco. He received his A.B. in 1962 from the University of Kansas, his M.A. in 1970 from Harvard University, and his J.D. in 1970 from Harvard Law School. Mr. Anderson served as general counsel for the National Security Agency and has practiced with Mochtar, Karuwin & Komar in Jakarta, Indonesia. He practices in the areas of construction, government contracts, and administrative law. He has written chapters and articles on architect-engineer liability, major construction case minitrials, and changes resulting from impossibility or impracticability of performance in construction change-order claims.
GEORGE D. CALKINS, coauthor of chap 14, is a member of Cox, Castle & Nicholson LLP in Los Angeles and practices construction law with an emphasis on investigation, litigation, trial, arbitration, mediation, and settlement of all forms of construction disputes. Mr. Calkins has tried or arbitrated hundreds of construction cases and has taught construction law and dispute resolution courses for various trade and legal associations, including the Associated General Contractors, the Southern California Defense Counsel, the California Continuing Education of the Bar, and the California Judges Association. He has taught numerous university extension courses on the legal aspects of construction management and has published various articles on construction disputes, construction defect claims, alternative dispute resolution, and mediation of construction disputes. He received his B.A. in 1968 from the University of California, Los Angeles, and his J.D. in 1973 from Loyola University School of Law with a fellowship to teach legal communications.
JOAN M. CAMBRAY, coauthor of chap 15, is an experienced real estate and commercial litigator in the Oakland office of Wendel, Rosen, Black & Dean. She represents homebuilders, developers, contractors, and property owners, helping them to successfully resolve disputes in a variety of complex real estate and business litigation matters. Ms. Cambray has handled numerous cases involving real estate contracts, various home builder and construction issues, commercial contracts, mortgages, trust deeds, foreclosures, escrow, title insurance, real and personal property secured transactions, guaranties, and a variety of lender-related issues. She is a frequent lecturer and author for legal education programs and publications as well as an instructor for Boalt Hall’s Real Estate Transactions course.
JEFFREY S. CONNER, coauthor of chap 4, is a San Francisco-based attorney with 20 years of experience in domestic and international construction and real estate law, claims consulting, and real estate development. Mr. Conner has managed complex construction litigation and real estate transactional matters on both private and public projects and gained significant experience in assisting contractors and owners with preventative risk management. He has actively represented many of the largest contractors and owners in the United States and has been involved in numerous noteworthy “megaprojects.” Mr. Conner combines this legal experience with practical business experience garnered from the various retail and residential projects he has developed on his own. Mr. Conner is a frequent speaker at construction industry events and has been featured in numerous newspaper and magazine articles. He currently serves as the chair of the California Bar Association’s Construction & Commercial Law Subsection, and vice-chair of the Real Property Section. Mr. Conner earned his B.S. degree from the University of California, Berkeley, and his law degree from the University of San Francisco School of Law.
ROBERT C. FIELD, coauthor of chap 7, is a full-time neutral and serves as an arbitrator, mediator, and special master in both federal and state courts. Formerly, he was the managing partner of Field, Richardson & Wilhelmy of Walnut Creek. His practice emphasized construction, real property, commercial law, and related litigation and arbitration. Between 1961 and 1995, he was an instructor at the University of California Extension in business, commercial, and construction law and was a frequent speaker at seminars. He has written chapters on arbitration for other publishers. Mr. Field is a member of the American Arbitration Association’s Panel of Commercial and Construction Arbitrators and Mediators. He received his B.A. in 1957 from the University of California, Berkeley, and his J.D. in 1960 from the University of California, Hastings College of the Law.
BARBARA R. GADBOIS, LEED® AP, coauthor and update author of chap 2, is a partner at Gibbs Giden Locher Turner Senet & Wittbrodt LLP. She received her undergraduate degree from Northwestern University in 1982 and her J.D. degree from the University of California, Los Angeles, School of Law in 1985. Ms. Gadbois frequently lectures for legal education programs on design, construction, public works, and prevailing wage issues throughout California. She is a U.S. Green Building Council LEED® AP. Ms. Gadbois is consistently recognized as a leading construction lawyer by many independent legal guidebook publications, including the most recent editions of Chambers USA Directory of Leading Lawyers (2007–2013) and Los Angeles Magazine’s “Southern California Super Lawyers” (2008–2013), and the 2013 list of Los Angeles’ Women Leaders in the Law. She has been recognized in The Legal 500, U.S. real estate and construction section, for 4 consecutive years and was highlighted as an “outstanding lawyer” who is “highly recommended” in 2012. She has published several articles relating to construction contracting and recently served as an adjunct professor of law at Loyola Law School in Los Angeles. She currently represents a variety of public agencies, private owners, and contractors in development, construction, and claims resolution for sports venues, hotels, commercial and residential developments, and public works projects.
MICHAEL B. GEIBEL, coauthor and update author of chap 10, is a partner in the insurance defense department at Gibbs Giden Locher Turner Senet & Wittbrodt LLP. He received his undergraduate degree from the University of California, Los Angeles, and his J.D. from Loyola Law School, Loyola Marymount University, Los Angeles. Mr. Geibel has been selected for inclusion in “Southern California Super Lawyers” by Los Angeles Magazine for 5 consecutive years. An active trial lawyer for 20 years, he is a member of the Association of Southern California Defense Counsel and has also served as an expert witness and mediator.
RICHARD A. HOLDERNESS, author of chap 9 (formerly CEB’s Action Guide of the same title), is a partner in the firm of Seyfarth Shaw, where he specializes in public and private construction law and is chair of Seyfarth’s West Coast Construction Group. He is a graduate of the University of San Francisco School of Law, magna cum laude. Mr. Holderness formerly chaired the Legal Advisory Committee of the Associated General Contractors and the Construction Law Subsection of the Real Property Law Section of the California State Bar. He has published numerous books and articles on a wide range of topics related to construction law and is a frequent lecturer to various construction-related professional organizations. He has been selected by the American Arbitration Association to serve as an arbitrator and mediator on its Large Complex Case Panel for construction disputes.
GORDON HUNT, author of chap 3, is a member of the firm Hunt, Ortmann, Blasco, Palffy & Rossell, Inc., in Pasadena and has been an authority on construction law and litigation for more than 35 years. He has served as chairman of the Real Property Section of the Los Angeles County Bar Association (1976–1977) and of the Legal Advisory Committee of the Associated General Contractors of California (1985). Mr. Hunt has lectured for California Continuing Education of the Bar; trade associations; the Bar Associations of Los Angeles County, Orange County, San Bernardino County, and Beverly Hills; and for many construction industry groups. He has authored numerous works on construction law. He is the author of Handling Mechanics Liens and Related Remedies (Private Works) (Cal CEB Action Guide) and is the chief consultant for California Mechanics Liens and Related Construction Remedies (3d ed Cal CEB).
SARA H. KORNBLATT, coauthor and update author of chap 1, is a partner at Gibbs Giden Locher Turner Senet & Wittbrodt LLP. She concentrates her practice in the development and management of construction projects, including the drafting and negotiation of bid and contract documents, procurement issues, public works, competitive bidding requirements, bid protest issues, prequalification, project delivery methods, including design-build projects, risk allocation in contracts, claims avoidance, and project closeout. She received her B.A. from Wittenberg University, Springfield, Ohio, in 1992 and her J.D. from Loyola Law School in 2008.
KRISTEN THALL PETERS, coauthor and update author of chap 4, is a partner of Cooper, White & Cooper LLP. She is chair of the firm’s Green Practice Group and practices real estate, land use, and environmental law. Ms. Peters advises and counsels commercial developers, property owners, tenants, and industrial interests in connection with real estate acquisition and sales, development projects, leasing, green building, renewable energy, easements and rights of way, and regulatory and land use approvals, including compliance with CEQA, NEPA, and the Endangered Species Act, and frequently writes and lectures on these issues. Ms. Peters holds a B.A. in Environmental Sciences from the University of California, Berkeley, and a J.D. from Santa Clara University School of Law. Before practicing law, Ms. Peters was an environmental protection specialist with the U.S. Army Corps of Engineers.
TIMOTHY L. PIERCE, original author of chap 12, is a partner in the Los Angeles office of Thelen Reid & Priest. Mr. Pierce is a member of the firm’s Construction and Government Contracts practice group. His practice focuses on the construction industry, including risk management issues, and he represents insureds in insurance coverage disputes. Mr. Pierce graduated from Virginia Tech with B.S. (1980) and M.S. (1982) degrees in Mechanical Engineering and was employed as a manufacturing engineer with Hewlett-Packard before attending law school. He received his J.D. in 1988 from the University of Santa Clara. Mr. Pierce is a member of the American Bar Association and the Fiscal, Insurance & Risk Management and the Legal Advisory committees of the Associated General Contractors of California. He writes and speaks regularly on risk management issues in the construction industry.
THEODORE L. SENET, LEED® AP, coauthor and update author of chap 8, is a named partner of the law firm Gibbs Giden Locher Turner Senet & Wittbrodt LLP. He received his undergraduate degree from the University of California, Santa Barbara, and his J.D. from Loyola Law School. He is a U.S. Green Building Council LEED® AP and is a director of the Los Angeles Chapter of the U.S. Green Building Council. He currently represents corporate owners, developers, public entities, commercial general contractors, design professionals, and residential builders in complex construction litigation, class action litigation, environmental claims, insurance claims, and major tort litigation. He has been involved in planning, development, construction, risk management, and dispute resolution on numerous major projects, including high-rise buildings, hospitals, airports, power and processing plants, refineries, manufacturing facilities, and large residential developments. He has written numerous articles on construction, insurance, and real property law. He has been a principal speaker at numerous MCLE-approved seminars and has served on many panel programs. He is a member of the American Bar Association, Tort and Insurance Practice Section, and the ABA’s Forum on the Construction Industry.
CYNTHIA SHAMBAUGH, coauthor and update author of chap 14, is a member of the Law Offices of Thomas J. Burns in San Francisco. She received her undergraduate degree from Bryn Mawr College in 1975, her master’s degree from the University of Chicago in 1977, and her J.D. degree from the University of California, Hastings College of the Law, in 1985. She specializes in the defense of subcontractors in construction defect litigation as staff counsel for Zurich Insurance Company (and formerly as staff counsel for American States Insurance Company and Safeco Insurance Company). Ms. Shambaugh has presented a PowerPoint seminar on “The Flow of a Construction Defect Lawsuit: Roadmaps to Resolution” at meetings in New Orleans, Salt Lake City, and Las Vegas and at the West Coast Casualty Seminar in Anaheim.
TIMOTHY R. SULLIVAN, coauthor and update author of chap 12, is a partner in McLaughlin Sullivan LLP in Fresno. Mr. Sullivan represents both plaintiffs and defendants in litigated real estate matters. He also represents both insurers and insureds in a variety of insurance-related matters, including bad faith and declaratory relief actions. In addition, he defends insurance brokers and agents in malpractice cases and provides advice to business clients regarding their exposures and insurance coverages. Mr. Sullivan has spoken frequently on subjects pertaining to insurance and is a guest lecturer at the San Joaquin College of Law. He is the coauthor of chaps 11, 12, and 14 of California Title Insurance Practice (2d ed Cal CEB) and its 1999, 2002, and 2007 updates. He received his B.A. degree in 1983 from the University of Missouri at Columbia and his J.D. degree in 1986.
ROBERT B. THUM, author of chap 13, is a partner in the Construction and Government Contracts practice group of Thelen Reid & Priest in San Francisco. He received his A.B. in 1967 from Princeton University and his J.D. in 1970 from Cornell Law School. Mr. Thum is a member of the American Bar Association’s Litigation and Public Contract Law Sections and the Forum Committee on the Construction Industry. He has written articles and chapters and provided seminars on construction law practice. Mr. Thum serves on the National Panel of Construction Arbitrators of the American Arbitration Association and has served as a neutral arbitrator for the California State Public Works Arbitration Program, administered by the State Office of Administrative Hearings. Mr. Thum has taught construction and claims courses at the University of California, Berkeley, and at San Francisco State University, and he has served on the Editorial Board of the Journal of Construction Accounting & Taxation.
RICHARD J. WITTBRODT, coauthor and update author of chap 5, is the managing partner of Gibbs Giden Locher Turner Senet & Wittbrodt LLP. He received his undergraduate degree from the University of Michigan and his J.D. from Pepperdine University. He also has an MBA from Golden Gate University. He was recognized as a leading construction lawyer by Chambers USA Directory of Leading Lawyers, recognized in The Legal 500, U.S. real estate and construction section, and is a member of the Governing Committee for the ABA Forum on Construction Law. His emphasis is in construction and commercial litigation, including prosecuting and defending claims of delay, disruption, defective construction, mechanics liens, and stop notice foreclosure actions for both public and private projects. He is a U.S. Green Building Council LEED® AP. In the commercial area, he has substantial experience in securing and defending preliminary remedies (including writs of attachment and possession and injunctions) and secured transactions. He is a frequent lecturer to construction and commercial industry associations.
About the 2019 Update Authors
KAVEH BADIEI, update author of chaps 3 and 9, is a partner at Ralls Gruber & Niece LLP in San Mateo. He received his B.S. degree in Civil Engineering from the University of California, Irvine, and his J.D. degree from the University of California, Hastings College of the Law. His practice focuses on construction, real estate, and general business matters. In these areas, Mr. Badiei advises his clients on contract preparation and administration, dispute avoidance, and resolution. Mr. Badiei has represented property owners, developers, general contractors, and subcontractors in complex public and private construction projects involving commercial buildings, schools, hospitals, hotels, theaters, wind-energy facilities, high-end homes, transportation centers, pipelines, and waste-water treatment plants.
BARBARA R. GADBOIS is the update author of chap 2. See biography in the About the Authors section of this book.
MICHAEL B. GEIBEL is the update author of chap 10. See biography in the About the Authors section of this book.
WILLIAM S. HALE, update coauthor of chap 11, is an associate at Pillsbury Winthrop Shaw Pittman LLP in San Francisco, where he represents owners and contractors in connection with construction contracts and disputes. He received his B.S. in Mechanical Engineering from the University of California, Berkeley, in 1992, and his J.D. from the University of California, Los Angeles, School of Law in 2008. Mr. Hale is also a California licensed civil engineer, and before attending law school he worked as a rigging engineer in the construction industry. He has over 10 years of field experience on domestic and international projects in the fossil power, petrochemical, mining, and nuclear industries.
SARA H. KORNBLATT is the update author of chap 1. See biography in the About the Authors section of this book.
VICTOR F. LUKE, update author of chap 7, is a partner at Gibbs Giden Locher Turner Senet & Wittbrodt LLP. He concentrates his practice on construction, real estate, insurance, and business transactions. In 2014, Mr. Luke was named as a top attorney in California by Los Angeles Magazine. He received his B.A. in English and his J.D. from the University of California, Los Angeles. Mr. Luke is admitted to practice in California and Nevada.
DWAYNE McKENZIE, update author of chap 6, is an attorney in the Labor and Employee Benefits Group of Cox, Castle & Nicholson LLP. He received his undergraduate degree from the University of California, Los Angeles, in 1991 and his J.D. from the University of California, Los Angeles, School of Law in 1994. He has been involved extensively in prevailing wage law legislation, interpretation, and litigation for over 10 years and routinely counsels clients on public works construction and contracting. He also regularly represents developer, contractor, and property owner trade associations and individual developers and contractors in general employment law, labor relations, ERISA, and other employee benefits matters.
CHRISTOPHER NG, update author of chap 13, is an equity partner at Gibbs Giden Locher Turner Senet & Wittbrodt LLP, where he represents private and publicly held companies in a wide range of business, commercial, and construction transactions and disputes. Mr. Ng received his B.A. in Business Administration from California State University, Northridge, and his J.D. from Pepperdine University. Mr. Ng is admitted to practice before the Central, Southern, Eastern, and Northern Districts of California, U.S. District Courts, all California courts, and in the District of Columbia.
KRISTEN THALL PETERS, is the update author of chap 4. See biography in the About the Authors section of this book. Ms. Thall Peters would like to recognize and thank William Charley, an associate attorney at her firm, for his help with this update.
JOHN RALLS, update coauthor of chap 11, is a partner at Ralls Gruber & Niece LLP in San Mateo. He received his undergraduate degree from the University of California, Berkeley, and his J.D. from the University of California, Berkeley, School of Law. His practice covers the entire range of construction law and government contracts, including contract drafting and advice, bid protests, strategic counseling during troubled projects, claim preparation and defense, insurance recovery, mediation, arbitration, litigation, and appeals.
EDWARD L. SEIDEL, update author of chap 15, is a senior counsel at Cooper, White & Cooper LLP. His practice includes general and commercial litigation, contract disputes, real estate and construction matters, and environmental law. Mr. Seidel holds a B.A. in Psychology and a B.A. in Political Science from Miami University and a J.D. from Tulane Law School. Mr. Seidel has served as faculty at his alma mater of Tulane Law School in the area of civil litigation.
THEODORE L. SENET is the update author of chap 8. See biography in the About the Authors section of this book.
CYNTHIA SHAMBAUGH, is the update author of chap 14. See biography in the About the Authors section of this book.
TIMOTHY R. SULLIVAN, is the update author of chap 12. See biography in the About the Authors section of this book.
RICHARD J. WITTBRODT is the update author of chap 5. See biography in the About the Authors section of this book. Mr. Wittbrodt would like to recognize and thank Ashley Tullius, an associate attorney at his firm, for her help with this update.
