Richard Chernick, Vice President and Managing Director of JAMS' Arbitration Practice, has arbitrated and mediated numerous real property and construction cases involving defect claims, disclosure, fraud, land subsidence, earthquake damage, real estate valuation and insurance coverage issues. These disputes involved commercial and residential property including public utilities, schools, recreational property, mobile home parks and shopping centers.
Representative Mediations
- Construction defect claims: cogeneration power plant
- Construction defect claims: multiple residential development
- Construction defect claims: shopping center
- Construction defect claims: single family residential (multiple)
- Dispute between homeowners association and developer (multiple)
- Earthquake coverage claims (multiple)
- Land use dispute between utility; developer and public entity
- Lease dispute between shopping center and major tenant
- Multiparty dispute between landowner, developer and public entities regarding land use in connection with multi-family planned development
- Ownership of Lake Arrowhead dock facility between homeowner and homeowners association
Representative Arbitrations
- Commercial leasehold/option dispute
- Dispute between developer of convenience center and restaurant complex and general contractor
- Dispute between excavation subcontractor and prime contractor on large public works project (tripartite)
- Dispute between major electrical contractor and estimator (SFO expansion)
- Dispute between residential real property developer and landscape contractor
- Dispute between school district and prime and subcontractors regarding construction of middle school
- Dispute over the terms of a major shopping center lease and related damage claims
- Dissolution of real estate limited partnership including valuation of residential real property holdings
- Fraud claim in sale of residential apartment complex
- Fraud claim involving the sale of a 205-unit apartment house (AAA; sole arbitrator)
- Homeowner Association dispute with Developer (construction defect issues)
- Homeowners Association dispute with Management Company (contractual and management issues)
- Hotel management dispute
- Hotel project: mechanical contractor claims
- Mobile Home Park lease dispute
- Partnership/LLC dispute regarding attributes of ownership of shopping center
- Periodic rental adjustment under long term lease (sole arbitrator and tripartite)
- Public works project: dispute between prime contractor and drilling subcontractor
- Real estate partnership dispute regarding disposition of proceeds of sale of assets
- Residential construction defect claims (multiple)
- Sale of residential real property: disclosure and fraud issues re land subsidence
- Title insurance coverage dispute (tripartite; commercial property)
- Title insurance dispute (sole arbitrator; residential property)
