Sandy M. Kaplan, Esq., brings over four decades of experience representing a broad spectrum of clients in construction- and insurance-related disputes. His practice included the representation of developers, property owners, general contractors, design professionals and subcontractors for both plaintiffs and defendants across commercial and residential projects. Over the course of his career, he has served as lead counsel in more than 800 mediations and tried over 20 cases.

Mr. Kaplan joined JAMS after practicing for 42 years at a large national firm. He played a key role in shaping the firm’s construction law practice as a co-chair and founding partner of its Construction Practice Group. He is AV rated and recognized for his deep expertise in complex construction matters. 

Mr. Kaplan has litigated and settled claims in excess of $900 million over his 45-year career. He trained at both Harvard University and Pepperdine University, where he received certificates in complex mediation practices. He was consistently selected as a Super Lawyer and Best Lawyer for his work in construction claims and defects.

Mr. Kaplan’s experience extends to the appellate level, having served as lead appellate counsel in notable published opinions, including Brisbane Lodging v. Webcor and Renown v. Hensel Phelps. Known for his strategic insight and knowledge of the law, he brings a thoughtful, solution-oriented approach to dispute resolution.

ADR Experience and Qualifications

• Harvard University, Certificate on Mediation and Dispute Resolution
• Pepperdine University, Straus Institute for Dispute Resolution, Certificate in Mediation: The Art of Facilitating Settlement, 2022

Mr. Kaplan has extensive experience in the following areas:

• Construction defect and breach of contract in high-rise commercial and residential buildings, hotels, mixed-use buildings, hospitals and schools
• Insurance disputes and insurance coverage issues arising out general liability, builders risk and subcontractor default insurance
• Homeowners association and single-family home claims, including SB 800 issues
• Construction change order, delay and liquidated damage claims for both the building owners and contractors, including critical path analysis

All matters below were handled by Mr. Kaplan as an attorney.

Representative Matters

• Complex Case Management

Drafted and coordinated case management orders, including written discovery and deposition scheduling, discovery disputes, document production and expert evaluation; lead counsel in mediated joint expert meetings

• Construction Contract and Delay

Represented property owners, developers, design professionals, geotechnical engineers, general contractors and subcontractors in construction contract claims, including:

• Change order disputes
• Liquidated damages and delay claims
• Critical path analysis, including design and construction delays
• Mechanic’s lien and insurance bond claims
• Construction Defect

Lead counsel in over 600 cases involving millions of dollars in claimed and alleged damages; claims and disputes in in a variety of projects including homeowners association and SB 800 claims, high-rise office buildings, churches, hospitals, apartment buildings, single-family homes, condominium conversions and schools

Defects include:

• Building subsidence and differential movement
• Window and curtain wall claims and defects
• Below-grade water leaks
• Roof leaks
• Plumbing claims and defective plumbing parts
• Structural and design claims
• Stucco and building envelope
• Americans with Disabilities Act (ADA) and building code violations
• Insurance and Risk Management

Insurance and coverage issues for damages (covered and uncovered) for contractors, property owners and insurers; worked with both primary and excess insurers to mediate and settle claims arising out of:

• General liability, OCIP and CCIP policies
• Builder’s risk insurance
• Professional liability insurance
• Subcontractor default insurance
• Additional Insured and indemnity claims, including risk transfer between developers, general contractors and subcontractors
• Personal Injury
• Personal injury and wrongful death cases arising from construction site and construction equipment
• Premises liability, including slip-and-fall, trip-and-fall, and other hazards
• Injuries caused by the dangerous condition of public property
• Asbestos personal injury and wrongful death cases
• Real Property
• Neighbor disputes involving easements, parking, landscaping, encroachments, views, privacy and covenants, conditions and restrictions
• Seller disputes regarding claimed breaches of purchase/sale contracts, duty to disclose, real estate broker communications and dual representation
• Inverse condemnation

Honors, Memberships, and Professional Activities

• AV Rated, Martindale-Hubbell
• Super Lawyer, Construction, 2004–2019
• Best Lawyer, Construction
• Association of Defense Counsel of Northern California and Nevada, Board of Directors, 2000–2002

Speaking Engagements

• Lecturer, OCIPS/CCIPS, ABA Forum on Construction, Association of Defense Counsel and West Coast Casualty, 2010–2020
• Speaker, Force Majeure, ABA Construction Forum, 2016
• Practising Law Institute, Real Estate Litigation: A Toolkit for Transactional Lawyers, 2022, 2023

Publications

• Author, “OCIPs, CCIPs, and Project Policies,” ABA Journal Construction Forum, Summer 2009
• Author, “It’s a Catastrophe, but We Have a Force Majeure Clause, So No Worries, Right?” ABA Construction Forum, 2016

Background and Education

• Gordon Rees Scully Mansukhani, 1982–2025
• Maloney Chase Fisher & Hurst, 1980–1982
• J.D., University of San Francisco, 1980
  • Law Review, Comments Editor, USF Law Journal
• B.A., Political Science, Franklin and Marshall College, 1977