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
