Mehrdad Farivar is a member of the firm's Design & Construction and Commercial Law practice groups. His practice is focused exclusively on the construction industry, and his clients include design professionals, owners, developers, subcontractors and material suppliers. Mr. Farivar represents his clients in litigated matters, as well as in the preparation and negotiation of all types of design, construction and related contracts. Mr. Farivar is a former practicing architect licensed in California and the UK, and is a fellow of the American Institute of Architects. Due in part to his many years of industry experience in the design and construction industries, Mr. Farivar frequently counsels and advises his clients on business and risk management issues, including: entity formation, partnership agreements, licensing, structuring, management and termination of joint ventures, project and construction management, copyright, design-build contracts, construction and related claims and liens.
Representative Matters
· Represents a major international architecture firm in litigation arising from the design and construction of the Las Vegas Monorail system
· Represents architecture firm in ADA action involving the Kodak Theater in Los Angeles
· Advised the prime contractor for design; a major international architecture and engineering firm in numerous design and construction contracts related to an $800 million overhaul of the Las Vegas Convention Center
· Advised developers of twin highrise condominium towers in Honolulu concerning claims arising from curtain wall and spontaneous glass failure
· Successfully represented the Japanese American National Museum in connection with a major construction claim arising from the construction of a new museum building in Los Angeles
· Successfully defended major European stone supplier against claims of stone failure in California
· Won trial and appeal on design lien claim in Central California and successfully foreclosed on the lien and obtained title to property subject to the lien, on behalf of client
· Advises supplier and importer of exterior paneling/facade rain screen product on product marketing, sales and warranty issues
· Prepared the entire package of design-build contracts for a $132 million mixed use project in Los Angeles
· Successfully defended project owner in copyright infringement action
Distinctions
· Licensed Architect in California since 1981
· Licensed Architect, United Kingdom, since 1978
· Presidential Citation, American Institute of Architects, California Council, 1994
· Elected to the College of Fellow, American Institute of Architects, 2004
· Member, liaison group, between the American Bar Association Forum on Construction Law, and the American Institute of Architects Document Committee, to provide input in the development of standard AIA contract documents for digital practice.
Other Information
· Planning Commissioner, City of Santa Monica, 1985-1990
· Member, and Chair, City of Santa Monica Building & Safety Commission, 1983-85; and 2000-2004
· AYSO and Little League coach, City of Santa Monica, Boy Scout Counselor, Boy Scouts of America Troop 2, Santa Monica
· Consultant, California Architects Board
· Board member, Cal Parents, University of California, Berkeley
Speeches and Publications
Publications
· "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
Lectures/Presentations
· "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
Articles
4/8/2011, Email Alert - Court of Appeal Interprets Policy Language in Contractor's CGL Policy
The Court of Appeal for the Second District of California, in a decision published on March 30, 2011, affirmed summary judgment in favor of an insurer (General Security Indemnity Company) against another insurer (Clarendon America Insurance Company) and held that there was no coverage under the products - completed operations hazard of a general liability policy for a general contractor terminated before the completion of his contract, where: (a) the contractor performed no work during the policy period; (b) the contractor did not complete or abandon the work contracted for; (c) where the "faulty workmanship" exclusion applied; and (d) where the "claims in progress" exclusion applied.
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.
This seminar will give you a solid understanding of these changes, including:
· New time-frames
· New notice requirements
· New forms - Preliminary notice - Mechanic's lien - Stop payment notice
· Making sure your contracts and other documentation are ready for 2012
Even if you have already attended a seminar on mechanic's liens, stop notices and payment bonds, you may not have all of the information you need to know in order to make sure your business complies with these changes.
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.
3/16/2012, BIM: Promises & Challenges
MPP partner Mehrdad Farivar presented this topic to the AIA Los Angeles Practice Committee on Friday, March 16, 2012, from 8:00-9:30 A.M.
Description: In this one-hour presentation AIA|LA Practice Committee's Vice-Chair attorney/architect Mehrdad Farivar, FAIA, Esq. will highlight the promises and challenges of BIM, and will compare the BIM methodologies and processes formulated by the AIA and the AGC in their form contracts. Attendees will be encouraged to share their experience and their thoughts on the use of BIM and its potential in shaping the future of design and construction.
12/9/2011, The AIA Documents: An Overview
MPP partner Mehrdad Farivar presented this topic for the AIA Los Angeles Practice Committee.
Description: The AIA Contract Documents are designed to address the full spectrum of design and construction projects - large and small. Don't miss this opportunity to learn more about using these documents that maintain high standards that reflect current industry practices. The talk will cover a brief history of the AIA Documents, the drafting process, range and organization of the current AIA Documents, and a review of the evolution of the Owner-Architect agreement forms.
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.
6/10/2011, Managing Risk through a Better Understanding of Owner-Architect Contracts
This topic was presented to the AIA Los Angeles Practice Committee, and was designed to give the busy firm principal or project director a quick introduction on how to negotiate better deals, manage risk more prudently, and avoid liability, by approaching Owner-Architect contracts in the right way.
Description: Whether you are preparing, reviewing or negotiating an Owner-Architect contract, what you learn in this presentation will help you, and may protect you from the hazards of a misunderstood or poorly written contract. It will highlight basic issues such as "Basis for the Compensation of the Architect," "Additional Services," "Insurance Requirements, "Indemnification," "Termination," "Assignment," "Copyright," "Dispute Resolution," and many other topics.
Presented by Mehrdad Farivar Esq., FAIA, a former practicing architect with over twenty years of experience in the practice of architecture, and a current practicing attorney and partner in the law firm of Morris Polich & Purdy LLP, in Los Angeles and San Francisco. Mr. Farivar specializes in the representation of architects and other design professionals both in contract review and negotiation, and in litigation, arbitration and mediation.
2/9/2011, "Integrated Project Delivery: A Passing Trend, or the Wave of the Future? A View from California" - Lloyd's of London
One-hour seminar on Integrated Project Delivery for underwriters and claims specialists, covering:
· Background and Terminology
· Technological Impetus: "BIM or Building Information Modeling
· Model Contracts: AIA and Consensus Docs
· Risk and Liability Implications
MPP partner Mehrdad Farivar, FAIA presented this seminar in the Old Library at Lloyd's.
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.
11/21/2008, Marketing and Protection of Design Professional Services on the Internet
MPP Partners Mehrdad Farivar, Mark Hellenkamp, Gerald Schneeweis and Nicholas Wieczorek spoke in Las Vegas on the following topics:
· Legal Issues in the Marketing of Design and Engineering Services on the Internet
· Protection of Intellectual Property Rights in the Electronic Age
· What's Next?
4/24/2008, MPP Attorney Mehrdad Farivar was Panel Moderator at 2008 Symposium on Real Estate Law and Business
2008 Symposium on Real Estate Law and Business
Hosted by: USC Gould School of Law
Millennium Biltmore Hotel, Downtown Los Angeles
3:00pm, Thursday, April 24, 2008
Mehrdad Farivar moderated a panel that discussed the topic of "Getting the Most Out of your Contractor and Architect Agreements: A Look at the 2007 AIA Form."
Panel Description: This panel will review the top 10 to 15 hot issues in the new AIA documents in a lively debate format that will include the contractor's, owner's and architect's points of view.
The Symposium is the most highly attended real estate law and business conference in Southern California.
(Also at San Francisco Office)