Hon. Richard M. Silver (Ret.)

T: 408-288-2240
F: 408-295-5267
Construction

Hon. Richard M. Silver (Ret.) has developed considerable experience handling construction cases during his 25 years as a Superior Court Judge in Monterey County and since joining JAMS in 2002. He is sought out for his persistence and diligent follow-up, particularly in complex and difficult construction cases. Judge Silver has successfully negotiated or arbitrated hundreds of construction related disputes including: many defect and delay cases with claims involving residential and commercial buildings, public and governmental projects, and/or shopping centers; complex insurance related issues, and negligence claims against design professionals.

Representative Matters

Judge Silver has handled the following representative matters at JAMS:

  • Construction Defect
    • Mediated various cases involving mobile home parks and associations
    • Resolved multiple lease disputes for both residential and commercial buildings, including landlord-tenant issues with breach of lease claims, breaches of sales contracts, tenant improvements, and build out claims
    • Mediated multiple claims arising from allegations of design professionals’ malpractice
    • Mediated numerous defect cases involving commercial properties, condominiums, and single-family residences for claims regarding architectural and construction defects, breach of contract issues, allegations of misrepresentations, as well as permit, zoning and code violation issues
    • Resolved defects dispute complicated by insurance coverage and subrogation issues
    • Mediated mold exposure case with claims of property damage and personal injury
    • Mediated and resolved numerous disputes involving municipal zoning laws and building code violations
    • Arbitrated a complex defect matter between a church and contractor including breach of contract and fraudulent billings claims
    • Settled difficult defects case involving construction at a major shopping center
    • Mediated multiple cases involving damage claims resulting from water intrusion 
    • Mediated dispute involving claims of construction defects, product defects, and window design negligence in the construction of a prominent university’s laboratory
  • Construction – Delay
    • Resolved many cases in both public and private projects involving claims and cross-claims for delay damages
    • Settled dispute between school district and contractor for delay damages and monies owed
    • Successfully mediated substantial claims dispute by transit authority, including allegations of design errors resulting in significant project delays
    • Mediated and resolved complex multi-party defect and delay claims regarding construction of a municipal airport
  • Construction – Public 
    • Resolved multiple complex defect disputes involving public projects, including allegations of design flaws causing environmental impact and insurance coverage issues
    • Settled a complex and contentious defect case involving a major municipal performing arts center
    • Settled a multi-party, complex case involving substantial problems with a university buildings’ roofs
    • Mediated complex dispute involving defect and design issues regarding a municipal senior citizen’s living center

Honors, Memberships, and Professional Activities

  • Recognized as a "Top Neutral," Daily Journal, Top California Neutrals List, 2013
  • Member, California Judges Association, 1977-present; (Chair, Civil Law and Procedure Committee, 1998-2000)
  • Past Chairman, Board Member Emeritus, Honorary Doctorate of Law, Monterey College of Law
  • Judicial Council Family Court Service Advisory Committee (Chairperson, 1987-1990)
  • Faculty, California Center for Judicial Education and Research (CJER); California Judges Association; National Judicial College
  • Captain, U.S. Army, 1966-1968, Bronze Star U.S. Army Medal Honor, 1st Degree (Civic Action), presented by the Republic of Vietnam

Background and Education

  • Judge, Monterey Superior Court, 1977-2002 (Presiding Judge, 1980, 1986; Asst. Presiding Judge, Monterey Branch, 1984, 1987, 1996, 2000-2002; Civil Supervising Judge, 1996-1998, 2000-2002)
  • Partner, Heisler, Stewart, Silver & Daniels, Carmel, CA, 1969-1977
  • LL.B., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1966
  • B.S., University of California Berkeley, 1963

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

October 14-15, 2014
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