Glenn T. Barger, Esq.

Profile

Glenn T. Barger, Esq. is one of California’s most well-regarded litigation attorneys, including serving as lead counsel at multiple long cause, complex trials and has handled countless bodily injury, professional liability and construction matters which were ultimately settled throughout California. Mr. Barger was admitted to the State Bar of California, the United States District Court, and the California Supreme Court in 1991. He then began as an associate and ultimately became a Partner at Chapman Glucksman Dean Roeb & Barger, one of California’s premier full-service law firms.

Throughout his accomplished career, Mr. Barger has handled numerous high-value, multi-party litigation matters worth upwards of seven and eight figures. He has experience with both state and federal court matters, including bankruptcy issues. In addition to his construction expertise, Mr. Barger has extensive experience in catastrophic injury and products liability, business and commercial litigation, real estate, environmental law, professional liability, public and governmental entities, and transportation law.

Mr. Barger is an active member of the community and is involved in several legal and professional organizations in Los Angeles. He is a past President of the Association of Southern California Defense Counsel and served on the LACBA Litigation Executive Committee. Mr. Barger is also an avid proponent of promoting civility and ethics in the courtroom and is highly respected by attorneys on both sides of the bar. He helped create the CAALA/ASCDC/LA-ABOTA Annual Joint Litigation Conference and worked with leaders of the Los Angeles Superior Court, CAALA and ABOTA to develop and implement the current successful Mandatory Settlement Conference program in the Personal Injury courts.

Mr. Barger has extensive trial, arbitration, and mediation experience, which he draws upon to assist parties in designing pragmatic and creative resolutions. He is consistently ranked a Super Lawyer, has received various prestigious designations and has the distinction of achieving the highest rating of “AV-Preeminent” by the prominent national lawyer rating organization Martindale-Hubbell.

AREAS OF EXPERTISE

  • Construction Litigation
  • Products Liability
  • Real Estate
  • Eminent Domain & Inverse Condemnation
  • Transportation Law
  • Employment
  • Professional Liability
  • Catastrophic Injury
  • Business & Commercial Litigation
  • Environmental Law
  • Public & Governmental Entities
  • Complex Litigation
  • Landlord/Tenant/Warranty of Habitability
  • Subrogation

EDUCATION AND LICENSES

  • California Supreme Court, 1991
  • United States District Court, Central District of California, 1991
  • State Bar of California, 1991
  • Pepperdine University School of Law, J.D., 1991
  • University of California, Davis, B.A. in Economics, 1988

PROFESSIONAL AFFILIATIONS

  • Association of Southern California Defense Counsel, Past President
  • Association of Defense Counsel of Northern California, Member
  • California Defense Counsel, Executive Board
  • Claims & Litigation Management Alliance, Member
  • Federation of Defense & Corporate Counsel, Member
  • Los Angeles County Bar Association, Litigation Executive Committee, Past Member
  • West Coast Casualty, Speakers & Topics Committee

PUBLICATIONS

Mr. Barger’s publications include: “A White Report For General Contractors On Apartment Conversion Issues”; “The Impact of Disappearing Carriers on Construction Defect Litigation”, The Construction Lawyer; “Additional Insured Endorsements: Their Vital Importance in Construction Defect Litigation”, The Construction Lawyer; “Additional Insured Endorsement Issues Which Are Currently Impacting Construction Defect Litigation”; “Managing Construction Defect Cases”, The Construction Lawyer; “Tight Building Syndrome – In The Defense Of HVAC Contractors”, HVAC Products News; “In Defense Of Tight Building Syndrome, For The Defense, Joint Defense Agreements”, Verdict Magazine. He has also been published on Mold and Environmental Bodily Litigation topics, the Crawford decision, SB 800 (Right to Repair Statutes), pre-trial motions, and indemnity issues in various publications.

SPEAKING ENGAGEMENTS

Mr. Barger has been a profiled speaker and panelist at numerous industry-related events, including: HB Litigation Conference (2009); Lorman’s California Mold Bodily Injury and Construction Conference (2002, 2003); MC2 Consultants Seminar (2007, 2008); Mealey’s Construction Conferences (2002, 2004, 2005); West Coast Casualty Construction Defect Seminars (2001, 2002, 2004, 2005, 2007, 2009, 2010, 2015); Association of Southern California Defense Counsel’s Annual Seminar (2004, 2009, 2013); Association of Southern California Defense Counsel and Construction Defect Claims Managers’ CD Seminar (2005-2013); California Building Industry Association Annual Meeting (2004); CLM Conference on Mediation (2012); CAALA Las Vegas on General Damages (2016); Perrin Conference Florida (2016, 2017) and CAALA/ASCDC/LA-ABOTA Joint Litigation Conference (2016, 2017, 2018).

Representative Cases

Business

  • Plaintiff general contractor claimed defendant homeowner failed to pay for remodeling work performed at the defendant’s home. The defendant homeowner contended that the work was defective and had yet to be completed.
  • Plaintiff subcontractor and the general contractor sued the defendant property owner for breach of contract and to enforce a mechanics lien for failure to pay for their work during the new construction of a single family home. The defendant claimed the subcontractor and general contractor overcharged for the work, caused delay to the project and the work was defective, and therefore disputed any monies were owed and sought additional damages.
  • Plaintiff, a website constructor, contended that defendant, an online beauty supply company, failed to pay for work it performed creating the defendant’s website. The defendant contended that they were overcharged and the website took too long to construct and did not meet the basic requirements for online sales, and as a result defendant suffered damages in excess of the amount owed, seeking recovery from the plaintiff.
  • A breach of contract and delay arising out of construction matter, which arose out of the ground up, new construction of a hotel in Orange County. The owner claimed liquidated damages as a result of delay in the completion of the project. The general contractor claimed they were owed money for their work on the project and disputed the delay claim. In addition, 4 subcontractors had filed individual lien/breach of contract actions against the general contractor for monies owed. In response, the general contractor disputed the amounts owed and had filed cross-complaints related to the owner’s delay and liquidated damage claims.
  • Multiple Breach of Contract claims between businesses arising out of alleged failure to pay for manufactured goods.
  • Multiple Breach of Contract claims between an individual and a business arising out of alleged failure to pay for services rendered and alleged misrepresentations and misappropriation of funds were at issue.
  • Business dispute arising out of alleged material breach of the contract and the defense of wrongful termination.
  • Trade secret and unfair competition matters.
  • Failure to pay third party referral fees and alleged misappropriation of funds.
  • Plaintiff alleged Defendant breached its contract by failing to pay over $5 million in fees and incentives related to an investment banking agreement wherein Plaintiff was retained to find funding for a condominium project in Mexico. Defendant cross-complained for fraud and rescission related to the same contract.

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Construction, Real Estate, Construction Defect Special Master

  • Plaintiff general contractor claimed defendant homeowner failed to pay for remodeling work performed at the defendant’s home. The defendant homeowner contended that the work was defective and had yet to be completed.
  • Plaintiff subcontractor and the general contractor sued the defendant property owner for breach of contract and to enforce a mechanics lien for failure to pay for their work during the new construction of a single family home. The defendant claimed the subcontractor and general contractor overcharged for the work, caused delay to the project and the work was defective, and therefore disputed any monies were owed and sought additional damages.
  • Plaintiff contended that the defendant damaged its underground utilities while performing work on the 5 freeway expansion project, including violation of the specific code requirements related to underground construction. The defendant sought indemnity from its subcontractor for failure to properly perform its work resulting in the damages to the utilities. The subcontractor contended it performed its work pursuant to the applicable plans and specifications and the defendant was solely at fault for the damages.
  • A construction defect matter involving multiple single-family tract homes in Contra Costa. The plaintiffs claimed a variety of construction defects, including water intrusion issues resulting in alleged damages. The developer/general contractor defendant disputed the nature and extent of the damages. In addition to resolving the homes in the litigation, a settlement was also achieved on behalf of additional homeowners in the same project which were part of a pre-litigation, SB 800 claim. Both settlements were reached in one half day of mediation total.
  • A construction defect matter arising from a remodeling project at the plaintiff’s high-end beach house. The plaintiff claimed that the remodel work performed by the general contractor and its subcontractors resulted in alleged defects, including significant framing, roof, window, and slider issues which led to the firing of the general contractor. There were also significant coverage issues for the general contractor and coverage counsel also actively participated in the mediation. The defense claimed the issues were the result of design issues and disputed the nature of the alleged defects and the scope and cost of repair.
  • A breach of contract/delay claim matter arising out of a high-rise apartment building and the construction of a high-rise hotel. Both parties claimed the other breached their contract and owed the other significant alleged damages for remediation, delay and cost to repair damages as well as liquidated damages.
  • A breach of contract/delay claim matter between two contractors arising out of the construction of a large retail project. One party contended that they were not paid in full for their work at the project and the other party contended that the work was not performed timely and as a result they incurred delay damages and were forced to supplement the unpaid party with a separate contractor, which resulted in charges in excess of the amounts owed. As a result, both parties sought damages from each other.
  • A pre-litigation, SB 800, construction defect matter involving multiple single-family tract homes in the Central Valley. The plaintiffs claimed a variety of construction defects, including water intrusion issues resulting in alleged damages. The developer/general contractor defendant disputed the nature and extent of the damages.
  • A construction defect/breach of contract matter arising out of a high end, single-family home remodel in Bel Air. The contractor contended they were owed money for its work on the project and the homeowners contended the work was performed defectively thereby entitling them to repair cost damages as well as liquidated damages in excess of the amounts owed for the work.
  • Defendant retained Plaintiff to construct a new industrial warehouse. Plaintiff claimed they were constructively terminated due to defective plans and specifications and monies owed. As a result, Plaintiff sought approximately $400,000 from Defendant. Defendant claimed the Plaintiff failed to construct the building as contracted, thereby entitling them to delay damages because Plaintiff abandoned the project, and sought approximately $600,00 on its cross-complaint.
  • Matter arose out of Plaintiff’s flood damage remodel at Defendant’s apartment building. Plaintiff claimed that Defendant failed to pay for the work. Defendant claimed they paid the broker Co-Defendant who arranged for the work and that the Co-Defendant should pay for the damages. The Co-Defendant also had an additional claim for monies owed by Plaintiff.
  • Plaintiff contended that Defendant built a wall on their property thereby taking approximately 144 square feet of their property. Plaintiff sought to have the wall taken down and moved to the actual property line and related damages, including nuisance and trespass. Defendant contended she relied on an improper survey and sought indemnity from the Cross-Defendant land surveyor.
  • Individual homeowner single family tract home matters v. Developer, General Contractor and Subcontractors involving alleged construction defects involving all aspects of construction, from below-grade to roof, including windows, stucco, sheet metal, waterproofing, finish work, landscaping, concrete, plumbing, electrical, drywall, drainage, structural and civil claims.
  • H.O.A. v. Developer, General Contractor and Subcontractors related to common areas including slopes, drainage, retaining walls, athletic facilities, clubhouses, restaurants involving alleged construction defects involving all aspects of construction, from below-grade to roof, including windows, stucco, sheet metal, waterproofing, finish work, landscaping, concrete, plumbing, electrical, drywall, drainage, structural and civil claims.
  • Multi-party construction defect matters arising out of shopping centers, hospitals, prisons, hotels, casinos, dormitories, schools and high rise construction projects, including loss of use, loss of revenue, attorney fee claims and waiver of subrogation issues.
  • Multi-party construction defect matters arising of high rise construction projects, including mixed-use matters.
  • Multi-party construction defect matters involving pool construction.
  • Multi-party construction defect matters arising out of common areas including slopes, clubhouses, sports fields, bleachers, artificial turf, pools and tennis courts.
  • Multi-party construction defect matters arising out of public entity construction of offices, college buildings and facilities, freeways and roads, including loss of use, loss of revenue, attorney fee claims and waiver of subrogation issues.
  • Multi-party construction defect matters arising out of shoring and below grade construction issues.
  • Multi-party construction defect matters arising out of high end custom and specialty home construction.
  • Contract disputes during and after construction.
  • Delay claims related to commercial construction.
  • Course of construction issues, including mechanics liens and stop notices.
  • Property line disputes between neighbors.
  • Improper removal and trimming of trees on private property.
  • Improper excavation issues resulting in slope failure.
  • Related Special Master experience including C.M.O./Pre-Trial Order disputes, implementation, management and discovery issues.
  • Failure to disclose matters related to sales of properties.
  • Multiple matters involving standard A.I.A. agreements and provisions.
  • Multiple matters involving disputes over standard California purchase and sale agreements and provisions, including disclosure requirements.

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Employment

  • A wage and hour /PAGA matter in which the plaintiff sought 7 figures to resolve the matter and the defense had an affirmative claim for interference with an economic relationship and trade secret violations. The alleged employment violations included failure to pay over-time, failure to provide meal breaks and regular breaks, and paycheck violations. The parties reached a confidential settlement at the mediation including a dismissal of the entire action.
  • The Claimant alleged that the employer owed her (1) overtime premium wages (2) meal period premiums, (3) rest period premiums, (4) reporting time pay, and (5) reimbursable business expenses and included claims for discrimination, retaliation, wrongful termination, meal and rest break violations, unpaid overtime, waiting time penalties, and non-compliant wage statements and a PAGA claim to recover civil penalties. The employer claimed Claimant performed unauthorized overtime work, systematic tardiness, despite multiple warnings and an individual counseling session, in combination with her unauthorized overtime, work led to her termination.
  • Multiple DFEH discrimination claims.
  • A matter involving alleged discrimination, harassment, and retaliation against Plaintiff. The defense claimed the plaintiff was not their employee as he was employed by a Staffing Company and the Staffing Company terminated his employment.
  • Multiple cases involving (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in the interactive process; (4) wrongful termination in violation of FEHA; (5) wrongful termination in violation of public policy (for reporting violations of the law); (6) retaliation in violation FEHA; and (7) retaliation in violation of public policy.
  • Matters involving alleged discrimination, wrongful termination, and retaliation.
  • Multiple wage and hour violation cases, including class actions.
  • An employment matter arising out the alleged retaliatory termination of an assistant teacher Plaintiff claimed that she was wrongfully terminated after she complained about purported workplace safety violations and abuse/neglect of children by another teacher.

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Insurance

  • An insurance coverage/bad faith action filed by a homeowner against her insurance carrier in which the insured homeowner plaintiff’s home was burglarized and she made a claim for stolen personal property and damage to the flooring at the home as a result of the burglary. The carrier denied coverage for the personal property pursuant to the forced entry requirement in the policy and disputed the amount the insured was entitled to for the property damage. The defense also contended the claim was fraudulent. The plaintiff also sought punitive damages. The matter was ultimately settled for a complete release and dismissal of the action.

Personal Injury

  • Plaintiff was the dad and guardian ad litem for an eight year old girl that was sexually abused while at a birthday party at a rock climbing facility by one of the workers. The claims included negligent hiring and supervision. The worker pled guilty to criminal charges arising out of the incident. The defendant contended that it had no notice of any issues with the worker and it could not have prevented the incident.
  • Plaintiff was rear ended while stopped at a stop sign at the end of a freeway exit ramp by the defendant. Plaintiff claimed severe injuries to his neck, including future damages for surgery.
  • Plaintiff claimed that while she was jogging on a public sidewalk, she tripped and fell on a rise in the sidewalk, which constituted a dangerous condition and caused her to suffer severe injuries. Defendant claimed they had no notice of the rise and that the rise was not a dangerous condition and at best a trivial defect. The defense also disputed the plaintiff’s alleged injuries and damages.
  • An admitted liability commercial truck v. automobile matter. Settlement discussions on-going.
  • An uninsured motorist case where the plaintiff suffered back and neck injuries arising from an automobile accident. The plaintiff underwent multiple pain management injections and ultimately a laminectomy. Liability was not disputed. The defense instead disputed the nature and extent of the injuries, the reasonable value of the medical bills and the total alleged damages. A previous mediation before another mediator was unsuccessful. A full settlement was achieved.
  • A personal injury matter arising out of a slip and fall at a grocery store. The plaintiff alleged she slipped and fell on liquid in the freezer aisle of a grocery store, that the polished concrete floor was inherently dangerous, and that the defendant failed to properly train their employees to maintain the floor and specifically did not comply with their own maintenance manual. As a result, the plaintiff suffered severe back, neck, and knee injuries. The defense disputed liability, including that the floor was inherently dangerous and/or that they failed to maintain the floor or train their employees. They also claimed the plaintiff suffered from pre-existing injuries and disputed the nature and extend of the damages.
  • A bodily injury/Federal Maritime Act matter arising out of two separate incidents which occurred in the course and scope of the plaintiff’s employment on the docks in the Los Angeles harbor. Plaintiff claimed he suffered severe personal injuries to his lower back and neck and related loss of past and future earnings.
  • A bodily injury matter arising out of an automobile accident. The defendant did not dispute liability, but instead disputed the nature and extent of the injuries and damages and specifically that all of the injuries were pre-existing.
  • Plaintiff fell off the back of a golf cart while touring Defendant’s apartment complex.
  • Slip and fall near pumps at gas station including failure to maintain and notice issues involving soft tissue injuries, a fractured leg and loss of earnings.
  • Trip and fall at gas station including involving unmarked step involving herniated disc injury and loss of earnings.
  • Trip and fall at gas station involving cracks in the concrete and herniated disc injury, surgery, future surgeries and loss of earnings.
  • Trip and fall in a commercial parking lot involving lighting issues and trip hazard and herniated cervical disc injury.
  • Slip and fall on private hiking trail at a condominium complex involving fractured ankle.
  • Slip and fall inside gas station involving leaking soda machine and back/neck injuries and TBI claim.
  • Slip and fall inside public bathroom on private property.
  • Commercial truck sideswipe of automobile involving soft tissue injuries and loss of earnings.
  • Commercial truck collision ending in truck rolling over on top of automobile resulting in TBI, multiple back surgeries and psych issues.
  • Wrongful death at apartment complex involving negligent security.
  • Wrongful death in commercial parking lot involving negligent security.
  • Stabbing in locker room at spa facility involving negligent security.
  • Auto and pedestrian accident in cross-walk involving TBI and fractures.
  • Motorcycle and skateboarder collision outside of cross-walk involving a minor including fractured arm and disfigurement issues.
  • Burn case involving severe scarring.
  • Food poisoning matter at grocery store involving F.D.A. issues and requirements.
  • Food poisoning at restaurant.
  • Trip and fall at intersection of grass, sidewalk and sprinkler cut-out involving back surgery and loss of earnings.
  • Slip and fall on sidewalk related to ponding water at apartment complex involving back and cervical injuries.
  • Severe brain injury on driving range at public golf course involving a minor.
  • Trip and fall on stairs involving code violations related to rise and run issues.
  • Slip and fall inside grocery store involving coefficient of friction issues related to waxing of the floors involving fractured leg and soft tissue issues.
  • Slip and fall inside grocery store involving notice and failure to maintain issues and soft tissue injuries.
  • Product liability matter involving severe injuries related to a propane tank.
  • Product liability matter involving food and drinks.
  • Bodily injury matter involving elevator issue.
  • Dog bite cases.
  • Multiple Landlord/tenant disputes involving vermin, rats, bed bugs and rent control issues.
  • Multiple bodily injury matters arising out of exposure to mold.
  • Assault and battery claim involving negligent security and premises liability issues.
  • Indoor pollution issue involving tight building syndrome.
  • Bodily injury related to asbestos exposure, drycleaners and underground tanks.
  • Broken teeth matters involving restaurants.
  • Assault and battery and alleged improper security and alcohol issues at bar.

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Professional Liability

  • Legal malpractice arising out of bodily injury matter and statute of limitation issues related to a governmental entity.
  • Legal malpractice arising out of bodily injury matter regarding failure to designate proper experts.
  • Legal malpractice arising out of estate planning issues.
  • Legal malpractice arising out of tax return preparation.
  • Legal malpractice arising out of bankruptcy filings.
  • Legal malpractice arising out of failure to respond to discovery resulting in exclusion of evidence at trial.
  • Malicious prosecution action after defense verdict at trial arising out of commercial media dispute including Slapp issues.
  • Malicious prosecution action after defense verdict at trial arising out of real estate transaction including Slapp issues.
  • Failure to disclose and misrepresentation issues arising out of sale of a single family, high end home.
  • Failure to disclose and misrepresentation issues arising out of commercial property sale, including parking spaces and square footage issues.
  • Improper touching incident against massage facility including negligent hiring, training and supervision and premises liability issues.
  • Improper touching incident against masseuse and spa facility including premises liability issues.
  • Intentional interference with economic relationship, defamation and negligence between two archeologists.
  • Standard of care matters against hair salon arising out of hair dye treatment.
  • Standard of care matters against dog groomers.
  • Standard of care matters arising out injuries at medi-spa facilities related to injections, laser treatments and skin care.
  • Standard of care issue against structural engineer related to improper calculations resulting in bridge failure leading to personal injuries and property damage.
  • Standard of care issue against mechanical engineer at chemical plant.
  • Multiple matters involving standard of care issues against design professionals related to alleged construction defects.
  • Standard of care issues against Geotechnical Engineer related to slope failure.
  • Standard of care issues against software design company related to medical bills.
  • Standard of care issues against software design company at automated manufacturing facility.
  • Disputes related to design, planning, permitting, approval and construction involving California Coastal Commission.
  • Real Estate failure to disclose matters including claims against brokers, agents, developers and sellers.

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Subrogation, Inverse Condemnation, Indemnity, Duty to Defend

  • Multiple subrogation matters arising out of product issues related to stoves, refrigerators, grills, plumbing lines and fixtures.
  • Multiple subrogation matters involving fires, slope failure and flooding.
  • Multiple inverse condemnation matters involving fires, mudslides and flooding involving governmental and private entities, including recovery of attorney fees.
  • Significant experience with express, equitable and implied indemnity, contribution and declaratory relief related to bodily injury and property damage claims, including allocation issues in admitted liability matters between co-defendants.
  • Coverage disputes involving duty to defend, time on risk and policy exclusions.
  • Duty to defend matters related to additional insured endorsements.
  • Matters involving alleged bad faith.

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