Our Legal Advisory Committee (LAC) is made up of an exceptional mix of legal firms, in-house counsel, and forensic accountants, that works to understand the impact of new laws, regulations, and judicial decisions. During the third quarter of 2024, our Legal Advisory Committee (LAC) held our annual LAC Retreat at the Lodge in Torrey Pines. During the retreat, we had six different MCLE presentations, an opportunity to golf or attend the Del Mar racetrack outing, and a luxury dinner with a raffle.
We urge all member companies, particularly those with general counsel on staff, to join the LAC to network and address pertinent construction industry issues. Legal professionals of our contractor or specialty contractor members can now join the LAC for FREE! You must be a member of AGC of California as a contractor or specialty contractor to qualify. If you are interested in joining or learning more about the LAC, contact Mary Alyssa Rancier, Policy Manager, at rancierm@agc-ca-org.
LAC Retreat
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Presentations from LAC Retreat
MCLE: “Trending Issues in Construction Insurance”
This presentation will examine recurring insurance issues that contractors frequently encounter. Participants will learn to identify critical situations in projects and project disputes where knowledge and consideration of important insurance issues can make or break the contractor’s resulting insurance claim.
Will Bennett, Saxe & Doernberger & Vita, P.C.
Will Bennett is a career insurance coverage attorney and represents policyholders in all aspects of insurance and risk transfer. He maintains an active litigation practice focused on complex insurance recovery actions across the country, having recovered more than $250 million on behalf of his clients. In addition to his bar admissions in California, Connecticut, and New York, Will is often admitted pro hac vice in other state and federal court jurisdictions. He has handled cases from the initial stages of strategy all the way through trial to verdict as lead counsel and appeal. His experience with the construction industry includes serving as coverage counsel for commercial, civil, and residential construction and real estate companies in disputes that have involved a wide array of subject matter, from construction catastrophe and defect to pollution liability.
Steve Cvitanovic, BuildGroup Construction Company
Steve is General Counsel for Build Group, Inc., a General Contractor specializing in mixed-use residential and commercial construction in California, Washington, and Idaho. As General Counsel, Steve routinely works on prime contracts in excess of $100M, manages complex litigation/arbitrations, drafts project insurance requirements (OCIP/CCIP, Builders Risk, Pollution, Professional Liability) and handles insurance claims and surety bonds. Steve is also contractor licensing specialist. Steve enjoys being a resource for the project teams and conducts internal training known as Build Group University. Prior to coming to Build Group, Steve was a partner at Haight, Brown & Bonesteel and the Construction Law Practice Group Leader. Steve has extensive speaking experience and has written over a hundred articles involving construction, insurance, and claims handling. Steve is a native of San Francisco, has two daughters, is an avid runner and open water swimmer, and has a 15-year-old Chocolate Lab named Henley.
MCLE: “Ten(ish) years after 2782.05 – Is a subcontractors’ duty to defend on construction projects fair now?”
Cal. Civ. Code 2782.05 was created to make the duty to defend more fair between prime contractors and subcontractors. Did it work? What was the duty to defend prior to Crawford v. Weather Shield Mfg., Inc. anyway? How did Crawford change things, and what was 2782.05 supposed to accomplish? And can you guess how courts have been applying 2782.05 in the last ten years?
Richard Harris, Rogers Joseph O’Donnell
Rich Harris is a shareholder at RJO and a member of the firm’s Construction and Government Contracts Practice Groups. Rich’s practice focuses on consultation with contractors at all states of a dispute, from contract formation to claims procedures, to disputes with the Contractor’s State License Board, to arbitrations and jury trials. Rich also significant experience working with contractors on public works, including heavy highway, road construction, and commuter rail projects. Prior to joining RJO, he worked as a general counsel for a bay area heavy highway general contractor for six years. More info at https://www.rjo.com/attorneys/richard-m-harris/.
Ruby Zapien, Rogers Joseph O’Donnell
Ruby Zapien is an associate at RJO who works with the firm’s Construction, Government Contracts, and Labor and Employment Practice Groups. Ruby assists general and subcontractor clients with public and private complex construction disputes, inclusive of claims concerning unforeseen conditions, fraud, and delays. Ruby also represents employers and business owners in connection with various employment and labor matters. Ruby is active in the DE&I legal community outside of her practice. She is a current board member of the San Francisco La Raza Latino Lawyers Association. More info at https://www.rjo.com/attorneys/ruby-zapien/.
MCLE: “The Art of Cross Examination”
Cross examination – the most treacherous part of any trial – is definitely an art, and all artists improve through practice and by re-living the real-world experiences of others. Borrowing heavily from the late Professor Irving Younger’s “Ten Commandments of Cross Examination” lecture at Hastings in the late 70’s, this presentation will illustrate some of the rules of cross examination in complex cases tried to arbitrators, judges, or juries, using examples from the speaker’s career where he got it right, and got it terribly wrong. Be cognizant that your graphics do not get too far into the details: Don’t lose the forest for the trees – or the leaves!
John Heisse, Pillsbury Winthrop Shaw Pittman LLP
John Heisse has been practicing construction law for over 40 years, and has served as Chair of the ABA Forum on Construction Law (2003-04) and President of the American College of Construction Lawyers (2020-21). He is also a founder, and current Board President, of the Giffords Law Center to Prevent Gun Violence and has served on National Board of the ACE Mentoring Program. He is highly ranked for Construction Law by Chambers and similar publications. He is also an active mediator and arbitrator in construction disputes.
MCLE: “Ethics: Balancing Civility and Ethical Obligations”
This Panel will discuss the various ethical rules dealing with advocacy, confidentiality, candor to the tribunal, and the recently enacted “snitch” rule, and discuss how these weigh in the context of being professional and encouraging civility.
Michelle Akerman, Hanson Bridgett LLP
Michelle Akerman represents owners, general contractors, lenders, and subcontractors in all manner of construction-related disputes. A top-rated litigation attorney, she has experience in contract negotiation, claim preparation and evaluation, and prosecution and defense of contractor claims from prelitigation through trial. She represents clients before state courts, federal courts, and arbitration tribunals, and has resolved numerous complicated construction disputes at mediation. Michelle’s practice has particular emphasis on private commercial and mass residential construction projects.
Shay Kulkarni, Fennemore Dowling Aaron
Shay Kulkarni is a Director in the Construction practice group at Fennemore. He utilizes his comprehensive construction law expertise to assist contractors, real estate developers, and other business entities in dispute resolution, with a focus on complex construction and real estate litigation.
Shay is the Chair of Division 5 (General Contractors) of the ABA Forum on Construction Law. He is also the former inaugural Chair of the Construction Law Practice Area Committee of the California Lawyers Association, and the former two-time Chair of the Construction Law Section of the San Diego County Bar Association. Shay proudly serves the San Diego community as an Advisory Board Member and Mentoring Program Co-chair for the Crawford Academy of Law program, and as a member of the Build and Serve Committee of the San Diego Chapter of the Associated General Contractors of America.
Jonathan Dunn, SMTD Law
Jonathan J. Dunn is a senior partner in SMTD Law LLP’s Irvine, California office. Jonathan is a Chambers ranked construction attorney, and focuses his practice in construction practices, creditor’s rights and remedies, including bankruptcy and work-outs, and transactions in construction,
debtor/creditor and commercial matters. Jonathan has been honored with a Top Verdict, numerous published and unpublished appellate decisions, and victories in jury and non-jury trials, and in arbitrations. Jonathan is a member of the ABA’s Forum on Construction Law and Public Contract Law sections, a prior Vice Chair, Subcommittee of the Fidelity & Surety Law Committee, Tort Trial & Insurance Practice Section, as well as other and legal organizations, including the Legal Advisory Committee of the Associated General Contractors of America, California. Jonathan obtained his J.D. from Seattle University School of Law (formerly Univ. of Puget Sound L.S.) in 1992, and his Bachelor of Arts degree in Economics from UCLA in 1989. Jonathan is licensed to practice in the states of Washington (currently inactive) and California, as well as various federal courts.
Jessica Bogo, Pillsbury Winthrop Shaw Pittman LLP
Jessica Bogo is a Chambers-ranked construction attorney, guiding clients through all phases of the construction process from licensing and pre-construction to contracting, project delivery, claims and dispute resolution. Jessica is a co-editor of the upcoming third edition of “The Fundamentals of Construction Law,” published by the American Bar Association. She is also a frequent lecturer on construction law issues on behalf of the Associated General Contractors of America, American Bar Association, and the California Lawyers Association, among others. Jessica has represented clients in the United States and abroad on a wide range of projects, including commercial, residential and energy projects. In addition to California, Jessica is also licensed to practice in Washington, DC. Outside of the office, Jessica is an avid animal advocate, providing animal rescue assistance under ordinary and extraordinary circumstances, including following natural disasters.
MCLE: “Dispelling the Top Eight Myths About Construction Arbitration”
Myths about construction arbitration persist because, unlike court, arbitrations are usually private. The hearings and awards are not typically open to public viewing or comment. Some common myths are: “arbitrators always split the baby”; “there is no discovery in arbitration”; or “arbitration costs as much as litigation”. However, the myths are not borne out by the facts. This presentation will discuss the facts which disprove common myths about construction arbitration. And it will show how construction attorneys can enhance their effectiveness by using tools such as dispositive motions, efficient discovery techniques, and selection of construction-savvy arbitrators. The speakers, Alan Wilhelmy and Ed Lozowicki, practiced as construction trial lawyers for many years and now work exclusively as neutral arbitrators.
Edward Lozowicki
Ed Lozowicki is a well-known Arbitrator specializing in Construction, Energy, Commercial, and Consumer cases. He has served as Panel Chair, Panel Member or Sole Arbitrator in over 100 cases some with damages in nine figures. He serves on the panels of the American Arbitration Association (including its Large Complex Case Panels), CPR, FINRA and the California Public Works Arbitration Program.
Previously Ed was a business trial partner at three international law firms with 35 years’ experience as a trial lawyer. Prior to private practice he served as corporate counsel for a large international corporation and its construction division. Ed is a Fellow of the College of Commercial Arbitrators, the Chartered Institute of Arbitrators and the Construction Lawyers Society of America. He was Co-Chair of the Arbitration Committee of the ABA Dispute Resolution Section and is a member of the Governing Council of that Section.
Alan Wilhelmy, Arbitrator and Mediator
- 37 years of experience as a construction attorney
- 27 years on the AAA Construction Industry Arbitration Panel
- Extensive AAA Large and Complex Case Panel experience
- Member, California Public Works Arbitration Panel
- AAA and Superior Court mediation panels
- Fellow, Construction Lawyers Society of America
- Contributing author Alternative Dispute Resolution Practice Guide, Thomson Reuters
- Additional emphasis in real property and commercial disputes
MCLE: “Elimination of Bias: How Do We Combat Explicit and Implicit Bias: Rules, Dos and Don’ts”
In this presentation we will look at the ABA and CA ethical rules pertaining to elimination of bias, then at some Code sections, court rules and standards of Judicial conduct. Finally, we will discuss Implicit Bias and how we can spot it in our conduct and try to prevent it.
Mahyar Ghassemian, Ghassemian Law Group
Mahyar Ghassemian is the founder and managing attorney of Ghassemian Law Group, APC, a boutique law firm focusing in Construction, Business, and Real Estate Litigation. She holds a Juris Doctor degree and a master’s degree in physics. Since 1999, Ms. Ghassemian has represented both national and local construction companies. She started her practice in large firms, and in October 2010, founded her own law firm, a litigation firm that aims to provide competent, vigorous, and cost-efficient services.
She has held various leadership roles, including past chair of the OCBA’s Solo and Small Firm Section, President of the Board for Peter M. Elliott Inn of Court, and Legal Counsel to the Board of NAWBO-OC. She has also been recognized with the NAWBO-OC Remarkable Women Award in 2014.
Ms. Ghassemian has also served on the State Board of Directors of AGC, and now serves on the Board of Directors for the Orange County chapter.
