Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Construction Defect

Alexander Polsky has mediated or arbitrated over 2,500 complex commercial and residential construction cases worldwide, as well as various business, coverage, breach of contract, and related disputes between insurers and high-stakes businesses and commercial and real estate matters. He also serves as a "project neutral" to assist in resolving issues in construction projects before they adversely impact the critical path, and has testified as an expert in insurance coverage and bad faith matters, as well as lectured worldwide on construction and insurance-related topics. Prior to commencing his mediation/arbitration career, Mr. Polsky represented both prime and sub contractors in business and defect related matters. He worked with Crosswinds Development in the planning and marketing of real estate projects and is a past BIA member. In addition, he is a licensed real estate broker.

As an ADR professional, independent surveys have accorded Mr. Polsky their highest ratings. These include: AV Rating by Martindale Hubbell; California Superlawyer in ADR by Law & Politics; Best Lawyers in America in ADR by ALM; and the very distinguished Daily Journal "Top Mediator" in California (making the list every year since the survey has been conducted). He also teaches mediation and negotiation at the Law School at the University of Southern California and serves as a negotiation consultant in multi-million dollar cases. He can be reached at http://www.jamsadr.com/polsky.

Representative Matters

  • Construction defect and land subsidence: in connection with manufactured housing/mobile home development. (Settlement $600 k)
  • Construction defect: 274 single-family home construction defect case. Brought in after over 30 settlement conferences had been held with three prior mediators and the Court. (Settled in three sessions, using a specially designed settlement structure, for approx. $9.5 mm)
  • Construction defect: 302 home case mediated but not settled and transferred to Mr. Polsky for final resolution. (Global settlement achieved)
  • Construction defect: bad faith and construction defect and negligent repair case involving damage to plaintiff's home secondary to Northridge earthquake. Repair contractor, recommended by insurer, allegedly performed negligent and substandard repairs. Insurer then refused to pay amounts needed to cure original damage plus damage caused by repair contractor. (Settlement of defective workmanship claim for $125k)
  • Construction defect: case involving 125 detached single-family homes. Defects included: expansive soils; improper compaction; slope degradation and drainage; roofing; electrical; plumbing and general architectural and structural defects. (Settlement $2.9 mm)
  • Construction defect: case involving 380 single-family homes as well as multiple level soils, drainage, expansion and compaction problems. Involved over 30 insurers from around the world, numerous coverage, exhaustion and shortfall issues, and 75 legal representatives. (Aggregate settlement at $28.4 mm)
  • Construction defect: case involving 96-unit residential development. Allegations involved soils, roof failure, roof leaks, defective deck and stair coatings, landscape, plumbing and other problems. (Settlement $2.1 mm)
  • Construction defect: case involving design and construction of a commercial shopping center. (Settlement $3.3 mm)
  • Construction defect: case involving high-rise luxury condominium building with defective exterior wall and waterproofing system. (Settlement)
  • Construction defect: fraud and concealment regarding scope of design and implementation of post earthquake remediation of commercial parking structure.
  • Construction defect: international re-insurance fraud and improper placement of excess coverage. Claim involved evaluation of multiple re-insurance treaties.
  • Construction defect: negligent condominium conversion due to failure to remediate termites resulting in $3 mm in roof, rafter, and framing damage. Defense asserted failure of HOA to mitigate. (Settlement)
  • Construction defect: negligent soils preparation incidental to sale of raw land followed by separate action against different entities for construction defect and inadequate pre-pad soils re-placement/compaction incidental to construction of 20,000 sq. ft. biological testing laboratory. Significant biological sample contamination and EPA toxic waste and FDA regulation issues secondary to remediation. (Settlement $1.9 mm)
  • Construction defect: numerous single-family home cases with attendant emotional overlay.
  • Construction defect: plaintiff purchased a new home. Within a few months of move in the family began to experience a variety of upper respiratory symptoms, memory loss, and fatigue. Nail punctures were discovered in a number of water lines, which had produced pinhole leaks and significant mold development inside the walls. Plaintiff’s moved out under the direction of their physician after it was discovered that mold levels were 23 k times higher inside than outside. (Settlement for $185 k plus buyback of the home.)
  • Construction defect: settled the first case in Nevada to be resolved within the Chapter 40 early dispute resolution protocol. Case involved 39 single-family homes and settled following a mediator implemented investigation plan and three mediation sessions.
  • Errors & omissions: architectural errors and omissions involving highway pipeline project.
  • Errors & omissions: claims of defective roadway design.
  • Errors & omissions: design and line of sight for concert hall. (Settlement $2.3 mm)
  • Errors & omissions: suit alleging negligent design and construction of municipal pool and water project in Nevada.
  • Errors and omissions - architect: governmental liability for payment of fees in architect's errors and omissions claim secondary to construction of municipal library. Error & omission vs. value added. (Settlement $2.5 mm)

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

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    Disclaimer

    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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