Roger Haerr has over 20 years' experience in construction, commercial, real estate and insurance litigation, trial, appeal, AAA and JAMS arbitration, and mediation. Recent Work / Representative Matters Recent Cases. Prosecute $30 million hotel delay and defect claims while defending owner and lender from $8 million mechanic's lien foreclosure. Defend seller and lender in multiple wrongful mortgage cases. Defend engineering contracting company from $70 million alter ego construction claim on Mexican liquid natural gas facility. Prosecute $316 million in claims for design builder arising out of construction of public/private/partnership franchise toll road. Prosecute breach of fiduciary and partition claims involving $300 million in partnership apartment and investment holdings. Representative Work. Represent institutions, corporations and high net worth individuals in commercial disputes involving development, purchase, lease, partnership, mortgage, letters of credit, guaranties and insurance. Represent owners, design builders, developers, contractors and engineers in solar, utilities, high-rise, infrastructure, residential, commercial, hospitals, universities and P3 construction disputes. Memberships American Bar Association American Inns of Court - Welsh Chapter Master Association of General Contractors Building Industry Association California Western School of Law - Adjunct Faculty San Diego City Historic Site Board - Chair San Diego County Bar Association - Civil Litigation Section Chair San Diego County Bar Foundation - Director San Diego Lawyers Club San Diego Yacht Club - Judge Advocate Special Notes Extern - Honorable David R. Thompson - United States Ninth Circuit Courts of Appeal Deputy District Attorney Program - Office of the San Diego County District Attorney Judge Pro Tempore - San Diego Municipal Court - Small Claims Division USD Law School Academic Excellence Award (Highest GPA) Editor: San Diego Law Review American Jurisprudence Awards: consumer law, contracts, property, secured land transactions, and tax Recognition Martindale-Hubbell® AV Rating. Super Lawyers: Business Edition - 2011 - Construction Litigation. San Diego Super Lawyers. San Diego County Top Attorney. Partial Client List Anschutz Entertainment Group Black & Veatch Corporation Centex Homes D.R. Horton eRealty Companies Fluor Corporation Fortress Investment Group Fotowatio Renewable Ventures MWH Americas, Inc. Parsons Corporation Pulte Home Corporation Pulte Mortgage San Diego Children's Museum San Diego County Credit Union San Diego Natural History Museum San Diego Yacht Club Sharp Healthcare Thornton Winery U.S. Grant Hotel University of San Diego URS Corporation Industries Climate Change, Renewable Energy & Sustainable Technology Hospitality Publications / Presentations Select Linked Articles 05 | 26 | 2011 Legal e-Update Public Private Partnerships: Mechanic's Liens, Payment Bonds and Stop Notices 02 | 16 | 2011 Legal e-Update A California Homebuilder's Election to Use Its Own Alternative Contractual Dispute Resolution Procedures Is Binding and May Preclude a Right to Repair Under SB800 12 | 08 | 2010 Legal e-Update Who Pays When Solar Modules Fail? 09 | 21 | 2010 Legal e-Update The Law of Guaranties and Sureties: The Next Round of Litigation? 06 | 14 | 2010 Legal e-Update Understanding California's Contractors' License Laws 05 | 26 | 2010 Legal e-Update Amended Owner-Builder Exemption to California Contractors' Licensing Laws 05 | 18 | 2010 Legal e-Update New CALGREEN Building Code 04 | 26 | 2010 Legal e-Update Emerging Green Building Legal Issues 04 | 07 | 2010 Legal e-Update Harsh Penalties Arise From Contractor's License Lapse 06 | 06 | 2007 Legal e-Update Court Upholds Arbitration of Construction Defects Involving Interstate Commerce 03 | 01 | 2007 Legal e-Update A Mechanic's Lien on a Hybrid Private/Public Work of Improvement? When Can a Lien Be Recorded When Told There's No More Money? Recent California Decisions Provide Guidance. 06 | 06 | 2006 Legal e-Update Arbitrator's Failure to Disclose Results in Vacating Substantial Award 12 | 02 | 2005 Legal e-Update Arbitrator's Failure to Disclose Employment Results in Vacating Substantial Award 10 | 13 | 2005 Legal e-Update Legislature Eliminates Type I Indemnities for Residential Construction Defects 06 | 28 | 2004 Legal e-Update Avoiding Construction Defect Claims in Residential Projects 06 | 28 | 2004 Legal e-Update Avoiding Construction Defect Claims in Residential Projects 05 | 17 | 2004 Legal e-Update Apartment to Condominium Conversion Liability Exposure and Methods to Minimize the Risks 05 | 17 | 2004 Legal e-Update Apartment to Condominium Conversion Liability Exposure and Methods to Minimize the Risks 02 | 20 | 2004 Legal e-Update California Court Permits Homebuyer Waiver of Implied Warranties of Quality and Fitness 02 | 20 | 2004 Legal e-Update California Court Permits Homebuyer Waiver of Implied Warranties of Quality and Fitness 09 | 06 | 2002 Legal e-Update California Legislature Passes Groundbreaking Reforms of Residential Construction Defect Law 08 | 01 | 2002 Legal e-Update Mandatory Arbitration Clauses in Sales Agreements Upheld 06 | 25 | 2002 Legal e-Update Governor Signs Into Law Sweeping Reforms of Construction Defect Litigation Media Presence / Articles About Attorney / Attorney Contribution 09 | 13 | 2011 Recognition Thirty-Two Luce Forward Attorneys Named to 2011 Super Lawyers Business Edition 06 | 05 | 2011 Recognition Thirty Luce Forward Partners Named San Diego Super Lawyers 03 | 01 | 2011 Firm Management Luce Forward Announces Leadership Changes for 2011 10 | 19 | 2010 New Practice Luce Forward Forms National Foreclosure Litigation & Investigation Practice 06 | 15 | 2010 Recognition Thirty Luce Forward Attorneys Named San Diego Super Lawyers 06 | 17 | 2009 Recognition Thirty-Two Luce Forward Attorneys Named San Diego Super Lawyers 09 | 25 | 2008 Recognition Thirty-Two Luce Forward Attorneys Named to Super Lawyers Corporate Counsel 08 | 09 | 2007 Media Presence Industry Faces Increasingly Challenging Landscape of Regulation, Insurance 08 | 03 | 2007 Media Presence Regulatory Agencies Put Pinch on Construction Industry 06 | 07 | 2007 Recognition 34 Luce Forward Attorneys Named San Diego Super Lawyers 08 | 10 | 2006 Media Presence Increasing Costs, Potential Litigation Create Headaches for Construction Industry 08 | 02 | 2006 Media Presence Skyrocketing Insurance Rates, Dispute Resolution Concern Builders 07 | 20 | 2006 Recognition 11 Luce Forward Partners Named Top San Diego Attorneys All Authored Works "Public Private Partnerships: Mechanic's Liens, Payment Bonds and Stop Notices" - Luce Forward e-Update - May 26, 2011. "A California Homebuilder's Election to Use Its Own Alternative Contractual Dispute Resolution Procedures Is Binding and May Preclude a Right to Repair Under SB800" - Luce Forward e-Update - February 16, 2011. "Who Pays When Solar Modules Fail?" - Luce Forward e-Update - December 8, 2010. "Understanding California's License Laws and Penalties for Contractors" - ABA Construct! Construction Litigation Committee - Summer / Fall 2010. "The Law of Guaranties and Sureties: The Next Round of Litigation?" - Luce Forward e-Update - September 21, 2010. "Understanding California's Contractors' License Law" - California Builder - September 16, 2010. "Emerging Green Building Legal Issues" - Daily Journal - July 28, 2010. "Understanding California's Contractors' License Laws" - Luce Forward e-Update - June 14, 2010. "Amended Owner-Builder Exemption to California Contractors' Licensing Laws" - Luce Forward e-Update - May 26, 2010. "New CALGREEN Building Code" - Luce Forward e-Update - May 18, 2010. "Recover Payments From A Contractor Whose License Lapses" - Daily Journal - April 28, 2010. "Emerging Green Building Legal Issues" - Luce Forward e-Update - April 26, 2010. "Harsh Penalties Arise From Contractor's License Lapse" - Luce Forward e-Update - April 7, 2010. "Court Upholds Arbitration of Construction Defects Involving Interstate Commerce" - Luce Forward Legal e-Update - June 6, 2007. "A Mechanic's Lien on a Hybrid Private/Public Work of Improvement? When Can a Lien Be Recorded When Told There's No More Money? Recent California Decisions Provide Guidance"- Luce Forward Legal e-Update - March 1, 2007. "Arbitrator's Failure to Disclose Results in Vacating Substantial Award" - Luce Forward Legal e-Update - June 6, 2006. "Arbitrator's Failure to Disclose Employment Results in Vacating Substantial Award" - Luce Forward Legal e-Update - December 2, 2005. "Legislature Eliminates Type I Indemnities for Residential Construction Defects" - Luce Forward Legal e-Update - October 13, 2005. "Avoiding Construction Defect Claims in Residential Projects" - Luce Forward Legal e-Update - June 28, 2004. "Apartment to Condominium Conversion Liability Exposure and Methods to Minimize the Risks" - Luce Forward Legal e-Update - May 17, 2004. "California Court Permits Homebuyer Waiver of Implied Warranties of Quality and Fitness" - Luce Forward Legal e-Update - February 20, 2004. "California Legislature Passes Groundbreaking Reforms of Residential Construction Defect Law" - Luce Forward Legal e-Update - September 6, 2002. "Mandatory Arbitration Clauses in Sales Agreements Upheld" - Luce Forward Legal e-Update - August 1, 2002. "Governor Signs Into Law Sweeping Reforms of Construction Defect Litigation" - Luce Forward Legal e-Update - June 25, 2002. "A Mechanic's Lien on a Hybrid Private/Public Work of Improvement? When Can a Lien Be Recorded When Told There's No More Money? Recent California Decisions Provide Guidance" - Client Bulletin. "Arbitrator's Failure to Disclose Employment Results in Vacating Substantial Award" - Client Bulletin. "How Wrap Insurance Differs From Traditional Insurance" - Daily Transcript. "Legislature Eliminates Type I Indemnities for Residential / Construction Defects" - Client Bulletin. Quoted, "Builders Take Concrete Steps to Reduce Construction Defects" - Daily Transcript. "Avoiding Construction Defect Claims in Residential Project" - Client Bulletin. "Apartment to Condominium Conversion Liability" - Client Bulletin. "Court Permits Homebuyer Waiver of Warranties" - Client Bulletin. Quoted, Pieces of Evidence - Weatherwise. "Construction Contracts" - CEB (edit). "Insurance Crisis in Construction" - Daily Transcript. "Construction Defects Law" - Daily Transcript. "A Condo Divided" - San Francisco Recorder. "Complicated Process in Defect Cases" - Daily Journal. "Making Sense of Construction Remedies" - Daily Transcript. "Developer on Wrong End of Decision" - Globe Street. "Governor Signs Sweeping Reforms" - Daily Transcript. "Governor Gets Unanimous Construction Defects Bill" - Daily Transcript. "Construction Remedies from the Viewpoint of Contractors" - BIA Builder. "Legislature Passes Groundbreaking Reforms" - Client Bulletin. "Mandatory Arbitration Clauses Upheld" - Client Bulletin. "The Continuing Importance of Indemnities" - Client Bulletin. "Making Sense of Arbitration" - Client Bulletin. "New Limitations on Construction Defect Suits" - Client Bulletin. Aspen v. Bodge (1995) 37 Cal.App.4th 1811. Comment - 24 San Diego Law Review 751. Presentations Speaker: "Pandora's Box Opened: Pursuing and Defending Loan Repurchase Claims" - Luce Forward Seminar - San Diego, CA (January 19, 2011) - Costa Mesa, CA (January 20, 2011). Liability Issues Associated with Condo Conversions. Avoiding Construction Defects: Riverside Builders & Contractors Association | San Diego Bar Association | Client Presentations. Insurance Coverage: Business Institute of America. Collections and Enforcement of Judgments: Business Institute of America. Liability Avoidance: College Deans, University of San Diego. Constructors Roundtable. Senate Bill 800. Construction Defects After Aas. |