Mehrdad Farivar, FAIA

Representative Matters

• Represented an architecture firm in connection with the preparation and negotiation of a contract for the design of a major retail/mixed-use center in Xi’an, China
• Successfully represented the Japanese American National Museum in connection with a construction claim arising from the construction of a new museum building in Los Angeles
• Represented the developer and prepared and negotiated the entire package of agreements including architect, engineer and consulting agreements and the design-build construction contract for a $132 million mixed use project in Los Angeles
• Successfully represented several California and out of state architecture firms, in the prosecution and defense of copyright infringement claims and actions
• Advised the distributor and importer of European exterior paneling/facade rain screen product on claims, product marketing, sales and warranty issues and negotiation of an agreement with the manufacturer
• Successfully represented an electrical engineering firm in a multi-party dispute with a community college in Oakland, California, concerning the renovation of a data center
• Represented a contractor of high end homes in the preparation and negotiation of several celebrity house construction projects
• Represented a structural engineering firm in connection with a claim arising from the remodeling of a casino building in Lake County, California
• Successfully represented a New York architecture firm in a collection action against a design-build contractor in connection with a major mixed-use complex in Pasadena, California
• Advised a major international architecture and engineering firm and prepared numerous design and construction contracts related to an $800 million overhaul of the Las Vegas Convention Center
• Represented the developer of a residential condominium project in a successful mediation of an “earth movement” claim, brought by the adjoining property owner
• Won trial and appeal on an architect’s design professionals’ lien claim against a major national developer, in connection with a project in Central California and successfully foreclosed on the lien and obtained title to the property subject to the lien, for the client
• Represented the owner of a beachfront hotel in Santa Monica in re-zoning negotiations with the City of Santa Monica
• Successfully defended major European stone supplier against claims of stone failure and related matters in California, Washington, DC, New Jersey and New York
• Successfully represented a Los Angeles architecture firm in contract assignment and termination negotiations involving a major retail project in the Ukraine
• Successfully represented a homeowner in a dispute with a neighbor over the obstruction of ocean views from the neighbor’s home and breach of CC&Rs
• Successfully represented a national architecture firm in multi-party litigation over design and construction defects in several university buildings on the campus of UCLA
• Represented an architecture firm in connection with contract negotiations with a large national developer for a major new retail center in Las Vegas, Nevada
• Successfully represented affiliated architecture firms in a personal injury actions arising from a falling object at a supermarket in Los Angeles, and a slip and fall accident at a retail center in San Diego
• Represented a prominent landscape architecture firm in contract preparation and numerous contract negotiations including a contract for the design of the Great Park in Orange County, and contract termination negotiations with a private college
• Represented an architecture firm in the drafting and negotiation of contracts for a $100 million renovation of the John Anson Ford Theatre in Los Angeles
• Represented an architecture firm in connection with contract negotiations for a $75 million new hotel and retail center, and a $43 million beachfront luxury condominium project in Santa Monica
• Successfully represented a construction consulting firm in litigation arising from alleged faulty expert witness services in prior litigation
• Represented the owner in the preparation and negotiation of multi-million dollar construction contracts for tenant improvements in high rise residential buildings in San Francisco
• Successfully represented the owner of an industrial building in an easement dispute over the use of a driveway with the adjoining property owner
• Successfully represented a soils engineering firm in litigation arising from expansive soil movement resulting in major cracks and deformation in a new high end residence in Orinda, California
• Represented the owner of a high end residence in Stinson Beach, California in a dispute with his architect
• Successfully negotiated the termination of a multi-million dollar contract for the construction a large high-end private residence in Montecito, California
• Represented a general contractor specializing in the construction of high end homes and residential estates in the preparation and negotiation of numerous contracts for the construction of large high end residences in Los Angeles, Orange County and Santa Barbara; successfully represented the same client in several multi-party litigated matters
• Successfully represented large architecture firm against claims by the owner of a movie theatre chain over 4 separate movie theatre projects in California; litigated the dispute and resolved it satisfactorily
• Represented a Los Angeles architecture firm in connection with the preparation of a contract for the design of the renovation of Dodger Stadium in Los Angeles
• Represented an architecture firm in contract negotiations for the design of public spaces at the new international terminal at Los Angeles International Airport (LAX)
• Represented a California architectural firm in connection with the design of a new shopping center in New York, using “Fast Track” construction
• Represented an architecture firm in a complex merger and acquisition contract with a publicly traded international consulting firm
• Represented the owner of a $100 million single family residence in a dispute with a general contractor; negotiated a successful resolution of the dispute
• Represented the owner and property manager of an office building in Burbank, California in connection with complications arising from a renovation project
• Prepared and negotiated an agreement for the design of a major palace complex in the Middle East, representing a Los Angeles based architect and the interior designer
• Successfully represented a glass curtain wall subcontractor in litigation with the general contractor and the owner, a large public university in the San Francisco Bay Area, in connection with a delay and disruption claim by the owner
• Successfully represented a major subcontractor of high end cabinets in litigation with a French client; negotiated a successful resolution to the dispute, long distance
• Represented a major international architecture firm in litigation arising from the design and construction of the Las Vegas Monorail system; negotiated a favorable settlement of the claims with the Design-Build contractor
• Represented an architecture firm in litigation with a major real estate developer over disabled access issues and construction issues in a major mixed-use complex in Hollywood, California, including the Kodak Theater (seat of the annual Academy Awards); negotiated a favorable settlement for the architecture firm
• Advised developers of twin high rise condominium towers in Honolulu concerning claims arising from curtain wall and spontaneous glass failure
• Successfully defended project owner in copyright infringement action

Publications/Presentations

• “Thoughts on Immigration”, The Monticello, April 2017
• “Court of Appeal Interprets Policy Language in Contractor’s CGL Policy,” April 2011
• “Design Professional and Construction Manager Law,” co-author of chapter on Design Professional Contract Responsibilities – Pre-Design and Pre-Construction Phases, published by the American Bar Association Construction Industry Forum, January 2007
• “Intelligent Design,” article in Los Angeles Lawyer Magazine, December 2006
• “Construction Litigation: Is There a Crisis?,” In Focus (magazine of the Orange County Chapter of the American Institute of Architects), September 1996
• “Bills v. Invoices,” LA Architect, December 1996
• “Limitations of Liability and Indemnity in Architect-Client Agreements,” Update (a publication of the American Institute of Architects California Council), 1994
• “Risk Management For Architects and Engineers,” Ironshore Insurance, Los Angeles, California, January 29, 2015
• “Protect Your Business: Legal Tools and Strategies for Keeping Your Business in the Black,” co-presented seminar for design professionals, April 2013
• “Effective Communication with Engineers & Consultants,” moderated panel discussion at AIA Los Angeles Practice Committee July Presentation, July 20, 2012
• “Modification of California’s Mechanic’s Lien and Stop Notice Law Commencing July 1, 2012 – A Guide for Enforcement of Mechanic’s Liens, Stop Notices and Payment Bonds Pertaining to California’s Modified Law,” co-presented seminar for design professionals, June 14, 2012
• “International Practice for Design Professionals,” presentation to AIA Los Angeles International Practice Committee and the Society for Iranian Architects and Planners, June 5, 2012
• “Embracing BIM to Regain Leadership,” kTalk video from “Risk Management Best Practices” aecKnowledge continuing education course, March 2012
• “BIM: Promises & Challenges,” presentation to AIA Los Angeles Practice Committee, March 16, 2012
• “The AIA Documents: An Overview,” presentation to AIA Los Angeles Practice Committee, December 9, 2011
• “BIM: Promises & Challenges,” presentation to Arup Los Angeles Office, December 1, 2011
• “Managing Risk through a Better Understanding of Contracts,” presentation to Landscape Architecture class, University of Southern California, October 21, 2011
• “Getting Paid? Tricks of the Trade for Tough Economic Times – Mechanic’s Liens, Stop Notices & Design Professional Liens,” co-presented seminar for design professionals, September 13, 2011
• “Managing Risk through a Better Understanding of Owner-Architect Contracts,” a presentation to the AIA Los Angeles Practice Committee, June 10, 2011
• “Integrated Project Delivery: A Passing Trend, or the Wave of the Future? A View from California,” a presentation to Lloyd’s of London underwriters and claims specialists, February 9, 2011
• “Know and Exercise Your Lien Rights,” AIA/LA annual MOBIUS LA Conference, June 25, 2010
• “Being Prepared: Legal Concerns & Contracts,” Co-Speaker with Christine Drage of Weil & Drage, AIA Nevada Design Conference, September 17, 2009
• “The Owner-Architect Agreement: Nuts & Bolts – Magic Words and Phrases – Insurance,” presented together with Christopher Menjou, Esq. and Sherall Gradias of Dealey, Renton & Associates, AIA MOBIUS LA, June 27, 2009
• “Integrated Project Delivery: A Case of Means Justifying the End,” a presentation to AIA/LA, April 8, 2009
• “Copyright Law in the Practice of Architecture,” a presentation to Marketing and Protection of Design Professional Services on the Internet (hosted by MPP in Las Vegas, NV), November 21, 2008
• “The New AIA Owner – Architect Form Agreement,” a presentation to UCLA Graduate School of Architecture, April 30, 2008
• “Getting the Most Out of Your Contractor and Architect Agreements: A Look At the 2007 AIA Forms,” a presentation to USC Gould School of Law 2008 Symposium on Real Estate Law and Business, April 24, 2008
• “Integrated Practice Using BIM,” a presentation to UCLA Graduate School of Architecture, October 31, 2007
• “The Anatomy of Owner / Architect Contracts” a presentation to UCLA Graduate School of Architecture, October 31, 2007
• “Copyright Law in the Practice of Architecture,” a presentation to AIA MOBIUS LA, October 25, 2007
• “Integrated Practice Using BIM,” a presentation to Perkins & Will, July 26, 2007
• “BIM and Integrated Project Delivery,” a presentation to Danielian & Associates, Irvine, California, January 25, 2007
• “Copyright Law in Design and Construction: Evolution of the Doctrine of Implied License,” Los Angeles County Bar Association, May 2006
• “Risk Management Basics for Architects,” RNL Design, Los Angeles, March 2006
• “Copyright Law in the Practice of Architecture,” a presentation to GENSLER, Santa Monica, California, September 30, 2005
• “Construction Management and Design – Build in Nevada,” Lorman Seminars, August 2005
• “Construction Management and Design – Build in Nevada,” August 2004
• “Ownership and Sharing of Electronic Files – Legal Issues,” a panel presentation at North American Steel Construction/Pacific Structural Steel Conference, March 2004
• “Design-Build # Engineering Trends in Public and Private Projects,” Los Angeles County Bar Association, September 2003
• “Contracts and Liability, Copyright and Liens,” Lorman Education Services, Pasadena, California, October 2002
• “Design-Build,” UCLA School of Architecture, May 2002
• “Loss Prevention and Record Keeping,” Nadel Architects, 2002
• “Liability, Loss Prevention and Contracts,” AIA Inland California Chapter, 2002
• Moderator and presenter, “Architect Contracts, Architect Liability and Copyright Issues,” Los Angeles County Bar Association Construction Law Subsection, November 2001
• “Loss Prevention Seminar,” Koning Eisenberg Architecture, October 2001
• “Copyright Basics for Architects,” UCLA School of Architecture, May 11, 2001
• “Design Professionals Liens,” Society of Iranian American Engineers and Architects, Beverly Hills, California, August 2000
• “Law for Architects,” UCLA School of Architecture, May 2000
• “Design Professionals Liens,” Altoon & Porter Architects, Los Angeles, California, October 1999
• Lecturer and Moderator, “The New AIA Documents B141 and A201, 1997 Edition,” presentation to AIA Los Angeles Chapter, October 1999
• “Contracts for Design Professionals,” UCLA School of Architecture, May 1999
• “The New AIA Document B141, 1997 Edition,” presentation to AIA Inland California Chapter, January 1999
• “New AIA Document (B141 and A201),” Construction Lawyers Breakfast Group, Covina, California, May 1998
• “The 1997 Edition of the Owner/Architect Agreement (AIA Document B141),” a workshop for American Institute of Architects Los Angeles Chapter, April 1998
• Lecturer and Moderator, “New Generation of AIA Documents,” Construction Law Subsection, Real Property Section, Los Angeles County Bar Association, February 1998
• “Government and Architectural Profession,” Architecture California, Fall 1997
• “The New AIA Documents,” Society of Iranian Engineers and Architects, November 1997
• “The New AIA Documents,” American Institute of Architects, San Francisco Chapter, November 1997
• “The New AIA Documents,” A/E Systems Conference, San Diego Convention Center, November 1997
• “Contracts,” AIA California Council Practice Conference, Oxnard, California, November 1996
• “Construction Law,” University of Southern California Law Center, 1996
• “Lecturer and Moderator, “Design Build: Adapting the Law to a Powerful Trend,” Construction Law Subsection of the Los Angeles County Bar Association, Real Property Section, December 1995
• “Small Projects: What Can Go Wrong and How to Prevent It,” Professional Practice Committee of the American Institute of Architects, Los Angeles Chapter, Fall 1995
• “Mechanics’ Liens,” lecture given at the Society of Iranian Engineers and Architects, Fall 1994