Mr. Creighton Sebra worked for both a civil engineering contractor and a general building contractor as a project manager as well as a project estimator. This experience within the construction industry, combined with his experience litigating construction issues, allows Mr. Sebra to provide invaluable service and expertise in the representation of contractors and subcontractors. Mr. Sebra's construction experience enables him to seek economical and cost-effective resolutions to intricate construction-related issues.
Mr. Sebra represents both large and small contractors in a variety of complex commercial construction litigation. He represents contractors, subcontractors and owners in all matters of construction litigation, including personal injury claims, project delay claims, public works bid protests, prevailing wage claims, and construction defect. He has extensive experience drafting and revising construction contracts and employment agreements for contractor clients. Additionally, Mr. Sebra specializes in mechanic's lien and stop notice actions, as well as payment and performance bond claims.
Professional Memberships and Activities
· California State Bar Association
· American Council of Engineering Companies - California - Legislative Committee (2010-2012) - AGC Liaison Committee (2011-2012)
· Fellow & Founding Member of the Geoffrey H. Palmer Center for Entrepreneurship & the Law (Pepperdine University)
· J. Reuben Clark Law Society
· American Subcontractor Association
Speeches and Publications
· "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, Los Angeles, April 2012
· "Modification of California's Mechanic's Lien and Stop Notice Law Commencing July 1, 2012 - A Guide for Preventing Mechanic's Liens, Stop Notices and Payment Bonds Pertaining to California's Modified Law," presented seminar for owners and developers, Los Angeles, April 2012
· "Using Legal Tools to Get Paid," kTalk video from "Risk Management Best Practices" aecKnowledge continuing education course, March 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," presented seminar for general contractors, subcontractors, material and equipment suppliers, Rancho Cucamonga, March 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," presented seminar for general contractors, subcontractors, material and equipment suppliers, Long Beach, March 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," presented seminar for general contractors, subcontractors, material and equipment suppliers, Irvine, March 2012
· "Modification of California's Mechanic's Lien and Stop Notice Law Commencing July 1, 2012 - A Guide for Preventing Mechanic's Liens, Stop Notices and Payment Bonds Pertaining to California's Modified Law," co-presented seminar for owners, developers and design professionals, Irvine, February 2012
· "Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices," presented seminar for owners and developers, September 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 2011
· "Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices," presented seminar for general contractors, subcontractors and material and equipment suppliers, September 2011
· "CA Supreme Court Modifies Personal Injury Construction Claims," August 22, 2011
· "Paving the way for more public-private partnerships," Los Angeles Daily Journal, August 12, 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, July 2011
· "Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices," presented seminar for general contractors, subcontractors and material and equipment suppliers, July 2011
· "Digital Jeopardy: What Every Design Professional Needs to Know to Avoid a Lawsuit," AEC Technology Strategies 2011 Conference, June 2011
· "Subcontractors'/Suppliers' Guide to Mechanic's Liens (California)," May 2011
· "Subcontractors'/Suppliers' Guide to Stop Notices (California)," May 2011
· "Design Professionals' Guide to Design Professionals' Liens (California)," January 2011
· "Design Professionals' Guide to Mechanic's Liens (California)," January 2011
· "Design Professionals' Guide to Stop Notices (California)," January 2011
· "UPDATE: New California Statute Restricts Indemnity Liability for Design Professionals," October 2010
· "Keep Your Business in the Black: Legal Tools to Ensure Firm Success," ACEC 2010 Fall Conference, October 2010
· "Changes to Mechanic's Lien Law in 2011," AIA California Council Relevance e-newsletter, September 2010
· "Know Your Lien Rights," MOBIUS LA Conference, June 2010
· "Legal Tools that will Ensure Your Business Remains in the Black," ACEC-CA Sequoia & San Joaquin Valley Chapters, March 2010
· "Mechanic's Liens, Stop Notices, and Bond Claims," Consulting Structural Engineers Society, February 2010
· "Legal Tools/Issues in 2010 that will Ensure Your Business Remains in the Black," American Council of Engineering Companies - California, 2010 Annual Conference, January 2010
· "California Prompt-Payment Statutes - Martin Brothers Construction, Inc. v. Thompson Pacific Construction, Inc.," January 2010
· "How to Get Paid in a Down Economy," National Association of Women in Construction, Orange County Chapter, June 2009
Articles
5/14/2012, Subcontractors'/Suppliers' Guide to Mechanic's Liens (California)
5/14/2012, Subcontractors'/Suppliers' Guide to Stop Notices (California)
8/22/2011, Email Alert - CA Supreme Court Modifies Personal Injury Construction Claims
The California Supreme Court recently limited defendants' liability for "medical special" damages, which ultimately will reduce the amount a plaintiff can recover in personal injury construction-related claims. In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court held "that an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial." The Court rejected plaintiff arguments that defendants are liable for the full "billed" amount, regardless of any discount the insurer may negotiate. "We hold no such recovery is allowed, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount." The Court's ruling prevents plaintiffs from recovering in damages more than the actual harm incurred.
8/11/2011, Email Alert - CA Court of Appeal Decision "Paves the Way" for Additional P3's
The future use of Public Private Partnerships (P3) in California took a positive step forward with the recent California Court of Appeal decision in Professional Engineers in California Government v. Department of Transportation (Super Ct. No. RG10544672).
The Professional Engineers in California Government ("PECG") challenged Caltrans implementation of a P3 project in San Francisco known as the Presidio Parkway Project. PECG claimed that Caltrans violated the Streets and Highway Code section 143 by permitting third party engineers to perform the engineering services for the project in lieu of Caltrans' employees. In addition, PECG claimed that P3 projects in California must be funded through the use of tolls or user fees as the funding element for a P3 project. The California 1st District Court of Appeal rejected both of these arguments, and in so doing, cleared the way for further use of P3 projects in California. The decision, to the extent California Supreme Court review is not sought, should facilitate the further use of P3 projects in California and may assist public entities such as Caltrans to explore the possibility of securing funding for a project utilizing the P3 model.
1/27/2011, Design Professionals' Guide to Design Professionals' Liens (California)
1/27/2011, Design Professionals' Guide to Mechanic's Liens (California)
1/27/2011, Design Professionals' Guide to Stop Notices (California)
10/1/2010, Email Alert - UPDATE: New California Statute Restricts Indemnity Liability for Design Professionals
On September 29, 2010, California Governor Arnold Schwarzenegger signed into law Senate Bill 972. This new law will curtail the rulings in Crawford v. Weather Shield and UDC-Universal Development, L.P. v. CH2M Hill, in which the California Supreme Court and California Court of Appeal held that a duty to defend and indemnify arises as soon as the indemnitee tenders its defense to the indemnitor.
9/13/2010, Changes to Mechanic's Lien Law in 2011
Published in the September 2010 issue of Relevance, AIA California Council e-newsletter.
8/24/2010, Practical Update - Changes to Mechanic's Lien Law in 2011
The California Legislature has recently amended the mechanic's lien law. These new provisions modify the procedure to maintain a valid mechanic's lien. The failure to comply with these new provisions will result in the lien being declared invalid.
Commencing on January 1, 2011, a claimant will be required to serve a "Notice of Mechanic's Lien" on the owner of the property prior to filing a mechanic's lien. The mechanic's lien itself must contain a proof of service attesting that the "Notice of Mechanic's Lien" was served by registered mail prior to the recording of the lien. Finally, the claimant must record a "Notice of Lis Pendens" within twenty (20) days of the filing of a complaint seeking to enforce the mechanic's lien.
1/14/2010, Email Alert - California Prompt-Payment Statutes - Martin Brothers Construction, Inc. v. Thompson Pacific Construction, Inc.
Construction contracts between general contractors and subcontractors are often modified by change orders related to scope of work revisions during construction. If litigation ensues, the subcontractor may claim that the general contractor violated California's various prompt-payment statutes. The California Court of Appeal recently provided some new insight in this area.
In Martin Brothers Construction v. Thompson Pacific Construction, the Court of Appeal held that a general contractor who had a good faith dispute with a subcontractor could withhold 150 percent of the amount due without violating the prompt-payment statute requirements of California's Public Contract Code. The Court also ruled that parties to a construction contract could contractually "opt out" of the timing requirements for progress payments contained in California's Business and Professions Code.
Events
6/14/2012, 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
In these difficult economic times, ensuring that you receive compensation for the services provided on a construction project is paramount. In the design and construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Mehrdad Farivar, FAIA, Esq.
Audience: This complimentary seminar will provide useful insight for any design professional in the construction industry, including architects, engineers, designers, and land surveyors.
6/14/2012, Modification of California's Mechanic's Lien and Stop Notice Law Commencing July 1, 2012 - A Guide for Preventing Mechanic's Liens, Stop Notices and Payment Bonds Pertaining to California's Modified Law
In these difficult economic times, ensuring that your Project is adequately protected from potential mechanic's lien and stop notice claims is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools for subcontractors, suppliers, and contractors to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to ensure minimal impact to the Project.
Presented by:
D. Creighton Sebra, Esq.
Jeffrey H. Belote, Esq.
Audience: This complimentary seminar will provide useful insight for any owner or developer in the construction industry.
6/13/2012, 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
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Timothy M. Flaherty, Esq.
Audience: This complimentary seminar will provide useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
6/1/2012, 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
MPP partner Creighton Sebra will present this topic to AIA|LA from 9:30 - 11:30AM on Friday, June 1, 2012.
Description: In these difficult economic times, ensuring that you receive compensation for the services provided on a construction project is paramount. In the design and construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012. This seminar will give you a solid understanding of these changes, including:
4/12/2012, 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
In these difficult economic times, ensuring that you receive compensation for the services provided on a construction project is paramount. In the design and construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Theodore D. Levin, Esq., P.E.
Audience:
This complimentary seminar provided useful insight for any design professional in the construction industry, including architects, engineers, designers, and land surveyors.
4/11/2012, Modification of California's Mechanic's Lien and Stop Notice Law Commencing July 1, 2012 - A Guide for Preventing Mechanic's Liens, Stop Notices and Payment Bonds Pertaining to California's Modified Law
In these difficult economic times, ensuring that your Project is adequately protected from potential mechanic's lien and stop notice claims is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools for subcontractors, suppliers, and contractors to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to ensure minimal impact to the Project.
Presented by:
D. Creighton Sebra, Esq.
Audience:
This complimentary seminar provided useful insight for any owner or developer in the construction industry.
3/29/2012, 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
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Audience:
This complimentary seminar provided useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
3/22/2012, 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
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Brian S. Ginter, Esq.
Audience:
This complimentary seminar provided useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
3/1/2012, 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
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, California law will be significantly revised, commencing on July 1, 2012.
Presented by:
D. Creighton Sebra, Esq.
Audience:
This complimentary seminar provided useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
2/29/2012, Modification of California's Mechanic's Lien and Stop Notice Law Commencing July 1, 2012 - A Guide for Preventing Mechanic's Liens, Stop Notices and Payment Bonds Pertaining to California's Modified Law
In these difficult economic times, ensuring that your Project is adequately protected from potential mechanic's lien and stop notice claims is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools for subcontractors, suppliers, and contractors to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to ensure minimal impact to the Project.
Presented by:
D. Creighton Sebra, Esq.
Shawn E. Cowles, Esq.
Audience:
This complimentary seminar provided useful insight for any owner or developer in the construction industry as well as design professionals including architects, engineers, designers, and land surveyors.
9/14/2011, Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices
In these difficult economic times, ensuring that your Project is adequately protected from potential mechanic's lien and stop notice claims is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools for subcontractors, suppliers, and contractors to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to ensure minimal impact to the Project. In this seminar we explained the procedures required for claimants to enforce a valid mechanic's lien and stop notice, including the necessary prerequisites, proper recording, the perfection process, and recent changes to California Civil Code that can affect the validity of a lien or stop notice. Also, we discussed methods and procedures for owners and developers to minimize the effect of such claims, as well as preventive measures to implement to ensure the Project is devoid of claims. Finally, we also discussed other remedies that are available, including payment and performance bonds, and additional strategies a claimant can implement to ensure that your Project is not burdened by these procedures.
This seminar provided useful insight for any owner or developer in the construction industry.
9/13/2011, Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens, Stop Notices & Design Professional Liens
In these difficult economic times, ensuring that you receive compensation for the services provided on a construction project is paramount. In the design and construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to make sure that each step is completed correctly and within the narrow time period allowed by law. In this seminar we walked through the California mechanic's lien and stop notice processes, including preparing and serving the necessary prerequisites, proper recording, and the perfection process, as well as recent changes to California Civil Code that can affect the validity of your lien or stop notice. We also discussed other remedies that are available, including payment and performance bonds, design professional liens and additional strategies your business can implement to ensure timely compensation.
This seminar provided useful insight for any design professional in the construction industry, including architects, engineers, designers, and land surveyors.
9/13/2011, Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to make sure that each step is completed correctly and within the narrow time period allowed by law. In this seminar we walked through the California mechanic's lien and stop notice processes, including preparing and serving the necessary prerequisites, proper recording, and the perfection process, as well as recent changes to California Civil Code that can affect the validity of your lien or stop notice. We also discussed other remedies that are available, including payment and performance bonds, and additional strategies your business can implement to ensure timely compensation.
This seminar provided useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
7/15/2011, Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens, Stop Notices & Design Professional Liens
In these difficult economic times, ensuring that you receive compensation for the services provided on a construction project is paramount. In the design and construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to make sure that each step is completed correctly and within the narrow time period allowed by law. In this seminar we will walk you through the California mechanic's lien and stop notice processes, including preparing and serving the necessary prerequisites, proper recording, and the perfection process, as well as recent changes to California Civil Code that can affect the validity of your lien or stop notice. We will also discuss other remedies that are available, including payment and performance bonds, design professional liens and additional strategies your business can implement to ensure timely compensation.
This seminar will provide useful insight for any design professional in the construction industry, including architects, engineers, designers, and land surveyors.
7/14/2011, Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens & Stop Notices
In these difficult economic times, ensuring that you receive compensation for your work and labor provided on a construction project is paramount. In the construction industry, a mechanic's lien and stop notice can be powerful legal tools to obtain payment. However, a solid understanding of the lien and stop notice processes is necessary to make sure that each step is completed correctly and within the narrow time period allowed by law. In this seminar we will walk you through the California mechanic's lien and stop notice processes, including preparing and serving the necessary prerequisites, proper recording, and the perfection process, as well as recent changes to California Civil Code that can affect the validity of your lien or stop notice. We will also discuss other remedies that are available, including payment and performance bonds, and additional strategies your business can implement to ensure timely compensation.
This seminar will provide useful insight for any professional in the construction industry, including general contractors, subcontractors, and material and equipment suppliers.
6/9/2011, Digital Jeopardy: What Every Design Professional Needs to Know to Avoid a Lawsuit
MPP partners Theodore Levin, P.E. and Creighton Sebra presented this topic at the AEC Technology Strategies 2011 Conference, held at the Hilton La Jolla Torrey Pines, La Jolla, CA.
Description: As technology advances at a rapid pace, legal issues relating to copyright violations, trademark issues, the use of Facebook and other on-line social media, as well the use of internet-related content become increasingly prevalent. Failure to understand the legal ramifications related to technology can lead to disputes and litigation. This discussion will include legal issues and potential liability related to the use of technology in the design and construction phases of the building process. It will also incorporate a discussion of IPD, BIM, Green Building Design, and other related technological processes and the potential pitfalls and legal consequences related thereto.
10/19/2010, Keep Your Business in the Black: Legal Tools to Ensure Firm Success
MPP Partners D. Creighton Sebra and Nicholas M. Wieczorek presented this topic on Tuesday, October 19, 2010 from 3:45 - 5:00 PM at ACEC's 2010 Fall Conference in Las Corabas, Puerto Rico.
6/25/2010, Know and Exercise Your Lien Rights
MPP attorneys Mehrdad Farivar, Creighton Sebra and Christopher Menjou discussed this topic at the American Institute of Architects Los Angeles Chapter's annual MOBIUS LA Conference.
Description: In the current economic climate, collection is a key challenge. Liens are a form of securitizing payment of your fees. You have lien rights both for projects that go into construction and for those that do not. Learn about Mechanics' Liens and Design Professionals' Liens, including entitlement to such liens, required notices, timelines and other formalities. Knowing these basics can make the difference between collecting your fees versus becoming a victim of bad debt. It can also help you negotiate better contracts by securing lien rights early, and maintaining the ability to enforce them.
3/11/2010, Legal Tools that will Ensure Your Business Remains in the Black
Creighton Sebra and Derek Simpson spoke in front of the ACEC-CA Sequoia Chapter, and discussed approaches to protecting your business during these difficult economic times, including contract and other practical strategies, as well as the use of design professional liens, mechanics liens and stop notices to your advantage.
3/10/2010, Legal Tools that will Ensure Your Business Remains in the Black
Creighton Sebra and Derek Simpson spoke in front of the ACEC-CA San Joaquin Valley Chapter, and discussed approaches to protecting your business during these difficult economic times, including contract and other practical strategies, as well as the use of design professional liens, mechanics liens and stop notices to your advantage.
2/16/2010, Legal Tools that will Ensure Your Business Remains in the Black
MPP Partners Theodore D. Levin, P.E., Esq. and D. Creighton Sebra, Esq. spoke in front of the Consulting Structural Engineers Society, and discussed approaches to protecting your business during these difficult economic times, including contract and other practical strategies, as well as the use of design professional liens, mechanics liens and stop notices to your advantage.
1/18/2010, Legal Tools/Issues in 2010 that will Ensure Your Business Remains in the Black
Theodore D. Levin and D. Creighton Sebra presented this session at the ACEC California 2010 Annual Conference in Sacramento.
(Also at San Francisco Office)