Stacy L. La Scala, Esq. is a highly regarded mediator who has resolved a wide array of disputes, including construction, insurance, business/commercial, and professional liability matters. Mr. La Scala's construction and insurance practice includes a wide variety of essentially every type of commercial, industrial, public works and residential matter.

Prior to becoming a mediator, Mr. La Scala handled complex, multi-party litigation involving construction, construction defect, insurance coverage, commercial, and contract disputes. As part of his background, Mr. La Scala was also a regional director and national litigation director for a large national property casualty insurer.

Mr. La Scala is known for his dedicated and creative approach to every matter. He is skilled in managing difficult personalities, and transforms highly emotional and complex disputes into opportunities for settlement.

Mr. La Scala is also an accomplished author and lecturer. In addition to many articles, he is co-author of Thomson Reuters’ treatise California Civil Practice: Torts, 2013-2022 editions. 

Representative Matters

• Business Commercial
• Breach of contract, fraud, and misrepresentation claims related to cost-plus construction agreements
• Commercial business interruption claim stemming from hotel construction deficiency claims, loss of use, and impact on goodwill of business
• LLC disputes over member distributions and claims of mismanagement
• Thoroughbred horseracing disputes between partnership members, managers, trainers and veterinarians
• Triple net lease dispute between commercial landlord and tenant
• Business income and expense losses arising from property damage claims
• Cannabis
• Grow facility construction deficiencies, including allegations of inadequately installed and operated automated systems
• Interrupted crop maturation and distribution due to construction delays
• Loss of profits due to construction delays and deficiencies
• Arbitrated dispute between manufacturer and distributor regarding manufacturing and distribution of non-hemp based cannabinoid
• Construction Defect
• Numerous single-family mass action disputes involving 1 to 300 homes against general contractors, developers, subcontractors, and suppliers
• Numerous HOA claims of multi-million-dollar deficient construction, including mid-rise and high-rise buildings
• Individual condominium owner claims against HOAs for violation of CC&Rs (Davis Sterling Act)
• Custom Homes
  
  • Custom home actions by owners against bulders for construction defects
  • High end custom home dispute with allegations of improperly designed and constructed ventilation
  • Custom home construction claim of deficient installation of building envelope, windows, decks and foundation systems
• Remodels
  • 1930s historic home renovation claims of improper remodel construction and overcharges
  • 1940s historic home renovation claims of improper design, construction and materials
  • Numerous room addition disputes with claims of overcharges, improper accounting and defects
• Pools
  • Multiple high end residential (including claims from $500k to $4.4M) and commercial pool construction claims, related deficient design (architectural, structural, geotechnical), deficient construction and loss of use
• Construction
• Multi-million-dollar resolution of mixed-use commercial/residential action with ten ancillary suits —including bad faith, contribution, and subrogation actions
• Commercial warehouse property owner claim against exterior coating contractor for alleged improper installation of elastomeric coating system
• Tier 1 subcontractor lien claim against apartment building owner and general with counter claim of under bid, improper work order requests and deficient construction
• Multi-story office building and parking structure dispute involving structural deck deficiencies
• Multiple hotel construction disputes, including new construction, liens, delay, overbilling, and construction deficiencies
• Multiple brand conversions, including construction compliance with design, delay, deficiencies and loss of profit
• Engineering & Construction
• Government/Public Work
  • Municipal water district claim against general contractor, asphalt installation contractor and asphalt supplier for deficient construction and delay claims
  • Private University claim of deficient construction and delay damages arising from the design and installation of a water retention basin, park space and library restoration project
  • Municipal water district claim against well drilling contractor for deficient landing of hydro monitoring wells resulting in subsidence
  • Public entity action against builder, tier 1 and tier 2 subcontractors
  • Subcontractor action against general contractor for delay and contract damages arising from freeway underpass construction
  • Subcontractor claim against builder and public university for delay claim in the design/build installation of HVAC systems in multiple engineering buildings
  • Railroad (Transit District) dispute with prime contractor involving heavy rail bridge construction
  • Aluminum Smelting/manufacturing claim in excess of $70M
  • School district claim against builder and product manufactures
  • Multiple public works street improvement projects, including interagency disputes, and design and construction deficiencies
  • Municipality claim of design and construction deficiencies of training field at Olympic Training Facility
• Fire Losses
  • Multiple commercial fire loss claims, including numerous strip malls, restaurants, food court and civic center
  • Multiple residential fire loss claims, including full and partial loss claims, insurance coverage and loss of use
  • Fire Victims Trust (PG&E) Appellate Neutral – De Novo Hearing Officer 
• Health Care
• Medical practice dispute among LLC doctors involving medical building and operation center
• Failed sale of family medical practice dispute including broker negligence allegations
• Dental partnership dispute involving accounting, management and dissolution issues
• Medical practice group claims of defective construction on new medical treatment facility, including building envelope and window deficiencies
• Medical practice group claims against trenching subcontractor for loss of use and loss of profits in contamination of operating center
• Insurance
• Wild Fires – Numerous policy holder property owner claims for first party property coverage following both complete and partial property damage due to wild fires, including disputes over valuation, coverage, appraisal and ALAE
• Business fire bad faith claim (property damage and commercial income/expense losses) against first party carrier and action against repair contractor for overcharges and defective construction
• Primary and Additional insured carrier Buss actions against insureds
• Insurance §11580 actions by both judgment creditors and assignees to insured’s claims
• CGL policy with pollution endorsement dispute involving property damage and bodily injury claim arising from containment field breach of energy storage system
• Bad Faith
  • Developer/General Contractor bad faith claims against additional insurers on multiple underlying projects for failure to timely respond and/or defend
  • Homeowner bad faith claims against property policy for water intrusion in high end custom home
  • First party bad faith claims involving denial of coverage arising from property fire losses
• Subrogation/Contribution
  • Subrogation action by carrier against its insured, co-carriers, and subcontractors for re-allocation of defense fees and costs
  • Numerous contribution actions among carriers involving defense and indemnity claims
  • Subrogation actions involving multi-million-dollar indemnity claims among primary and excess carriers, including evidence and timing of exhaustion of policies
• Professional Liability
• Architect negligence claim involving deficient waterproofing details
• Structural engineering claim involving deficient load calculations for mid-rise apartment complex
• Designer negligence in high end remodel high end home roof and ceiling systems
• Geotechnical claim involving adequacy of foundation design for high end custom home and pool 
• Real Property
• Landlord/Tenant Matters
• Triple net lease disputes by commercial building owners and master lease holders against tenants
• Building owner actions against tenants and property carriers for property losses
• Presided over numerous disputes as Judge Pro-Tem for San Diego Superior Court, including:
  • Wrongful eviction claim by landlord of tenant growing marijuana on premises
  • Tenant action against tenants in common for failure to pay rents and maintain premises
  • Alleged wrongful eviction by tenant based upon assertion of owner move in rights
  • Tenant action for wrongful eviction, failure to provide proper notice pursuant to Cal. Civ. Code §1161 and wrongfully withheld security deposits
  • Landlord action to terminate lease and obtain lost rents (Cal. Civ. Code §1951)
  • Landlord action for possession and past due rent
  • Tenant action for constructive eviction due to alleged mold infestation
• Solar Energy
• Numerous consumer actions involving solar manufacturers and solar installers for alleged damages due to improper installations, moisture intrusion, inadequate energy production, fraud, elderly abuse, loss of use, alternate living expense, loss of rents and loss of profits
• Owner action against solar field installer, general contractor and energy company for solar field in West Virginia
• Dispute among multiple solar companies regarding disputed customers, contracts and profits located in California, Arizona and Nevada
• Commercial manufacturing plant action against solar manufacturer and installer for misrepresentation re: energy savings
• Multi-million dollar subrogation claim against solar manufacturer and designer for loss claim involving commercial installations at multiple sites

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

ADR Trainings

• National Conflict Resolution Center, Mediation Skills Training, 2010

Memberships

• American Bar Association - Forum on Construction Law and Litigation Sections
• California Board of Realtors, 2010-2013
• California Horse Racing Board - Licensed Owner, 2002-2006
• Claim and Litigation Management Alliance - Mediator/Arbitrator Member, 2016-2022
• United States District Court - Central & Southern Districts, 1990-2022
• California State Bar, 1990 - 2022

Recent Publications

• Author, "Construction Mediation Tips for Practitioners and ‘Eyes Only’ Tips for Construction Mediators", Construction Executive, October 31, 2022
• Author, “Torts,” Thomson Reuters’ California Civil Practice, 2013-2022 editions: Chapters on Arbitration; Bad Faith Actions; Duties of Insurer; Duties of Insured; Declaratory Relief Actions; Complaints and Cross-Complaints in Bad Faith Actions; Answers and Pretrial Proceedings in Bad Faith Actions
• Co-Author, “When Catastrophes and Construction Defect Litigation Collide”, Construction Claims Magazine, Summer 2018 edition
• Author, “2 Dispute Resolution Choice for Construction Contracts”, Law 360, May 7, 2018.

Recent Seminars/Presentations

• Co-Presenter, “Overcoming Conflict with Co-Mediation”, ABA Section of Dispute Resolution Webinar, December 15, 2021
• Moderator, “Virtual Mediation and Arbitration – Today and in the Future”, 2021 West Coast Casualty Construction Defect Conference, Las Vegas, NV, October 7, 2021
• Co-Presenter, “All’s Well That Ends Well: How to Prepare for and Navigate Conflict Resolution”, 2021 CLM Annual conference, Atlanta, Georgia, August 12, 2021
• Moderator, “It’s the End of the World as We Know It”, 2018 CLM Construction Conference, Chicago, Illinois, September 27, 2018
• Moderator, “New Developments in California Coverage and Construction Law 2018”, Orange County Bar Association, Joint meeting of Insurance Coverage and Construction Section, Irvine, Ca., April 25, 2018
• Moderator, “Out Of The Frying Pan, Into The Fire: When Reconstruction Goes Wrong Following A Property Loss Claim and How to Prevent The Future Perils Through Mediation and Claim Resolution”, CLM 2018 Annual Conference, Houston, Tx., March 15, 2018.
• Co-Presenter, “The Buss Stops Here”, Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ, March 1, 2018
• Co-Presenter, “Recent Coverage and Construction Cases”, Claim Litigation Management Southern California Chapter Annual Meeting, San Diego, Ca., February 1, 2018
• Presenter, “Ethics in Alternative Dispute Resolution”, Association of Corporate Counsel, Southern California Chapter, January 24, 2018
• Co-Presenter, “Ethics in Alternative Dispute Resolution”, APALIE Riverside Chapter, January 23, 2018
• Co-Presenter, “Recent Coverage and Construction Cases”, Association of Southern California Defense Counsel, November 30, 2017
• Co-Presenter, “Ethics in Alternative Dispute Resolution”, JAMS Orange, Ca., October 31, 2017
• Co-Presenter, “Reallocation Actions and Settlement Agreements: What did we settle?”, OCBA – Construction Section, Newport Beach, Ca., August 2, 2017
• Presenter, “Reallocation Actions and Settlement Agreements: What did we settle?”, Orange County Bar Association, Newport Beach, CA., August 2017
• Panelist, “Leveling The Playing Field To Avoid Problems Down The Road”, West Coast Construction Defect Seminar, Anaheim, CA., May 2017
• Moderator, Riverside Superior Court Judges Roundtable, Construction Defect Claims Managers Biannual Meeting, Anaheim, May 2017
• Presenter, “Ethics in Alternative Dispute Resolution”, Multiple Law Firms throughout California, 2016-2017
• Moderator, “Groundhog Day – Negotiating Settlement Agreements to Avoid Re-Litigation”, 2016 Claims Litigation Management National Construction Conference, San Diego, CA., September 2016
• Presenter, “Reallocation Actions – Round 2 Actions the New Normal”, Orange County Bar Association, Newport Beach, CA., August 2016
• Panelist, “If it Ain’t Broke, It Doesn’t Pay to Sue: Why Products Claims in CD Cases Are Not Easy Money,” West Coast Casualty Construction Defect Seminar, Anaheim, CA, May 2016
• Panelist, “Summary Judgments & Their Impact Across Multiple West Region States,” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2015
• Speaker, “Crawford Collections, Insurer Interventions, and Additional Insured Buyouts: A ‘New Normal’ in Litigation and Mediation of CD Claims?” Construction Defect Claim Managers Association, San Diego, CA, September 2015
• Speaker, “Vanishing AIS and Crawford,” California Developer and General Contractor Counsel, San Diego, CA (March 2014) and Los Angeles, CA, February 2014
• Speaker, “Owner Controlled Insurance Programs (OCIPS)/Wraps and SIRS,” May 2013
• Panelist, “Can Coverage Issues be Resolved Prior to Mediation?” MC Consultants Construction Litigation and Insurance Coverage Conference, San Diego, CA, September 2012
• Speaker, “Additional Insured Endorsements and Contractual Indemnity Provisions,” Burlington Insurance Company, 2006

ADR Profiles

• "People Savvy," ADR Profile, Daily Journal, August 11, 2017

Background and Education

• Owner, JAMS 2020
• Judge Pro-Tem, San Diego Superior Court, 2010-2017
• Full-time Mediator, Arbitrator, Settlement Referee, and Special Master, Arbitration, Mediation & Conciliation Center, 2011-2015
• Partner, La Scala & Associates, 2008-2011
• Attorney, Selman Breitman LLP, 2007-2008
• Attorney, Weston & McElvain LLC, 2003-2007
• Attorney, Travelers Insurance, 1997-2003
  • National Litigation Director – Construction Defect Claim Department
  • National Trial Committee Director
  • Regional Claims Director – California, Nevada & Arizona
• J.D., University of San Diego School of Law, 1987-1990
• B.A., cum laude, University of California, San Diego, 1983-1987 
• University of Sussex, United Kingdom, 1985-1986