Robert S. Mann, Esq.

Profession

Attorney, Private Neutral–Dispute Resolution. Member, Arbitration Mediation & Conciliation Center (AMCC), National Panel of Construction Neutral Arbitrators and Mediators, American Arbitration Association; Affiliated with ADR Services, Inc.,

Work History

President, The Mann Law Firm, 1998-Present

Partner, Colton Mann Partnership, 1993-1998

Partner, Fierstein & Sturman Law Corp., 1979-1993

Deputy Los Angeles City Attorney, 1977-1979

Experience

Thirty years of experience in construction, real estate and business litigation, arbitration and mediation. Over 20 years substantial experience in litigation, arbitration and mediation of complex construction disputes. Currently about 50% of time spent as private neutral. Virtually 100% of practice devoted to construction law matters, including representation of owners, developers, general contractors, subcontractors, specialty contractors, architects, and engineers. Experience includes all aspects of construction disputes, including construction defect, delay, disruption, mechanic’s liens, change orders, private and public works, multi-family, multi-party, residential and commercial. Substantial technical expertise in building, including a thorough understanding of infrastructure (including dry and wet underground utilities), sewer systems, septic systems, soils and geotechnical issues, foundations, framing, fenestration, electrical, mechanical, plumbing, exterior plaster systems, roofing, waterproofing, civil engineering and mold. Notable professional accomplishments include the representation of the original owner/developer of the Shutters at the Beach Hotel in Santa Monica, CA in arbitration against the general contractor over a period of 261 hearing days and obtaining an award for client of approximately $90 million and defeating the contractor’s $24 million claim. Has also represented many owners of very large (25,000 square foot plus) luxury single family residences in construction defect matters. Expert witness re reasonableness of attorneys fees and standard of care in construction defect disputes. Author and lecturer on construction and construction mediation issues.

Dispute Resolution Experience

Successfully mediated over 250 significant construction defect, construction related breach of contract, delay and disruption, and change order disputes (including multi-party, multi-family, commercial and public works projects), real estate broker failure to disclose disputes, residential real estate breach of contract, home inspection disputes, wrongful termination, toxic tort wrongful death, entertainment and business tort disputes. Representative cases include public works (Los Angeles Metro Rail), LAUSD construction disputes, numerous multi-family disputes in California and Nevada with settlement value in the tens of millions of dollars, luxury single family home disputes, commercial lease disputes. Arbitrator for Commercial Breach of Lease, Breach of Contract, Delay, Disruption and Construction Defect in construction of middle school (25 day arbitration); breach of contract in construction of single family residence; specific performance of commercial purchase and sale agreement; commercial breach of contract for purchase of real property, construction defect single family residence claims. Successfully mediated numerous multi-party construction disputes in California and Nevada involving residential, commercial and public works projects.

Alternative Dispute Resolution Training

AAA—Dealing With Delay Tactics in Arbitration, 2/07; Arbitration Awards: Safeguarding, Deciding and Writing Awards, 10/05; AAA Commercial Arbitrator II Training, Los Angeles, CA 11/03; AAA Arbitrator Training I, Fundamental of the Arbitration Process, Los Angeles, CA 10/02; Mediation Alliance, Basic and Advanced Mediation Training, 1997, 1996.

Professional Licenses

Admitted to the Bar: California, 1977; U.S. District Court, Northern, Central and Southern Districts of California; U.S. Court of Appeals, Ninth Circuit; U.S. Supreme Court.

Professional Associations

American Bar Association (Forum on Construction Law, Section on Litigation); Los Angeles County Bar Association, Beverly Hills Bar Association, Century City Bar Association, Association of Business Trial Lawyers, International Conference of Building Officials; Contract Specifications Institute; Architectural Aluminum Manufacturers Association, Southern California Mediation Association.

Education

Stanford University (A.B., 1974); Santa Clara University (J.D., cum laude, 1977).

Awards and Honors

Recipient, First Prize, Nathan Burkan Memorial Copyright Law Competition, 1977; Comments Editor, Santa Clara Law Review, 1977.

Publications and Speaking Engagements

“Defect-Free Buildings A Construction Manual for Quality Control and Conflict Resolution (2006, McGraw-Hill, New York, NY); “What We Learn in Arbitrator School,” Association of Business Trial Lawyers ABTL Report, Vol. XXVI, No.1, Fall 2003; “10 Foolproof Ways to Lose Big At Arbitration,” Los Angeles Daily Journal, 2004; “What Happens When You Go To Arbitration?” The Journal of Light Construction, Hanley Wood Publications, October, 2004; “Copyright Law Revision and the Kewanee Preemption Issue: Is There A Doctrine in the House?” 16 Santa Clara Law Review, 609, 1977; author of numerous appellate briefs with two published decisions; columnist for Los Angeles Daily Journal on construction issues. “The Architects Responsibility During Construction Administration,” Construction Law Seminar, Construction Specifications Institute/AIA, September 29, 2007, “Effective Case Preparation for Commercial/Construction Mediation,” The Absolute Mediator, Pepperdine University, November 5, 2005; 3rd Annual Avoiding and Resolving Construction Claims, LACBA, September 11, 2004; “ADR Advocacy, Preparing and Presenting Your Case, 2nd Annual Avoiding and Resolving Construction Claims, Pepperdine University, September 12, 2003; “Basics of Construction Defects,” Century City Bar Association.

Community Involvement

Member, Board of Governors, Cedars-Sinai Medical Center; Member, Committee for Major Gifts, Cedars-Sinai Medical Center; Member, Building Committee, Cedars-Sinai Medical Center; President, The Guardians of the Jewish Home for the Aging of Greater Los Angeles (1999); Member, Board of Directors, The Guardians of the Jewish Home for the Aging of Greater Los Angeles.

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