Robert S. Mann, Esq.

• In this interesting dispute a condominium association hired a contractor to make extensive repairs throughout the association. The association claimed that the repairs were performed defectively, leaving the association with a repair bill of hundreds of thousands of dollars.
• This was a dispute between a contractor and owner over tenant improvements in several commercial buildings. The owner claimed delay; the contractor claimed an unpaid contract balance and additional sums for change order work.
• Hundreds of cases involving disputes between owners and contractors with respect to breach of contract, construction defects, mechanics’ liens, delay and disruption and incomplete work, including multi-million dollar disputes arising from the construction of residential, commercial and office projects. Total value of claims resolved exceeds $150 million.
• Public Works cases, including resolution of $29 million dispute between public agency and surety regarding claims by surety for additional work under Modified Total Cost Claim analysis, dispute over claim arising from underground utility tunnel in San Francisco Bay Area, dispute over installation of one mile of high pressure welded steel fire supply line for downtown Los Angeles Metro Rail line, dispute over installation of high capacity pumps in public agency owned storm water retention and pumping facility, dispute over installation of cell towers on public agency owned land, dispute over damage to public utility equipment by private contractor during construction project.
• Multiple cases involving disputes between private contractors and school districts, including disputes involving breach of contract, claims, discrimination, delay and disruption and construction defects.

• Multiple cases involving disputes over removal of lateral and subjacent support including major claim arising from construction of commercial office building next to existing restaurant causing damage to restaurant facility.
• Multiple cases involving multi-party construction defect claims arising from the construction of condominium and multi-family housing in California and Nevada.
• Commercial construction disputes, including resolution of conflicting multi-million claims of owner and contractor on commercial hotel project and claim involving construction of hospital facility. Dispute involving construction of major downtown entertainment facility involving more than 40 parties.
• Served as arbiter of quality control and completion issues on projects where parties agree to submit such issues for binding resolution based on my inspection and report.

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• Real estate non-disclosure. Claim that dual agent for buyer and seller did not adequately protect interest of buyer who discovered multiple construction defects in single family home remodeled by seller who failed to disclose defective and non-permitted work.
• In this complex identity theft case, a person purporting to be the owner of residential property obtained a large loan from a private lender and encumbered the property with a first trust deed. The settlement required payment to the lender, reconveyance of the fraudulent deed, cancellation of the promissory note and the payment of damages. A title company, escrow company and notary were all parties to the mediation.
• In this unusual real estate dispute a buyer of a single family home alleged that the real estate broker had failed to provide him documents prior to the close of escrow that would have put him on notice of a condition of the property that would make it impossible for him to construct room additions as he had planned as part of the purchase. The case, which did not involve fraud, but at best, negligence, presented an interesting legal question about the measure of damages.
• Dispute involving termination of lease at Staples Center luxury box.
• Multiple cases involving commercial breach of lease and return of deposits in both residential and commercial properties.

• Failure to disclose and other misrepresentation.
• Multiple disputes arising from zoning and other use restrictions.
• Multiple neighbor disputes over boundary lines, view sight easements, encroachments, hillside failures, lack of lateral and subjacent support.
• Multiple cases involving foreclosure issues, including claims of lenders, borrowers, wrongful foreclosure, priority and title issues.
• Dispute between Homeowner’s Association and Homeowner over filming rights on HOA property.
• Dispute over maintenance obligations with regard to quarter-mile long retaining wall between two condominium associations including resolution of repair and maintenance responsibilities in the future.
• Dispute over maintenance and repair of failing hillsides in large planned use community in hillside area adjacent to Mulholland Drive.
• Dispute over method and cost to repair damaged condominium association property.

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• Business dispute between manufacturer and supplier of custom-made machine involving claims that machine did not perform to manufacturer’s specifications and demand for return of purchase price plus lost profits claim.
• Dispute between importer of household goods and warehouse/logistics company over termination of favorable warehousing contract and claim for damages including damaged and lost goods.
• Partnership dissolution dispute involving dozens of parcels of real properties acquired over decades by partnership with claims of improper distributions and accounting issues in an emotionally charged relationship between the partners.
• Dispute between two branches of family over ownership of family-owned and run restaurant business.
• Dispute over ownership and valuation of antique Koran.

• Dispute over ownership of parking rights in downtown office tower project.
• Dispute involving malfeasance of property manager causing loss of rental income and increased financing charges due to reduction in rental income from property.

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• Over 100 real estate broker malfeasance cases, including:
  Failure to disclose defects and other problems;
  Conspiracy to defraud;
  Inflating values for fraudulent loans;
  Misrepresentation of size and quality;
  Improper advice re escrow transactions;
  Mishandling documents;
  Improper advice re disclosure statements.
  

• Member of homeowner association sues HOA Board for harassment, intimidation, and alleged failure to properly repair plumbing leaks into owner’s unit
• Scores of Homeowner Association Disputes including:
  Dispute over obligations of “sister” associations to maintain and repair common area;
  Dispute over maintenance and repair of hillside area;
  Disputes over alleged non-compliance with architectural standards;
  Disputes over alleged damage to private property by HOA failure to maintain or repair common areas;
  Disputes over alleged failures to enforce CC&Rs;
  Disputes between HOA and third parties, including vendors and others over non-payment , breach of contract, breach of warranty;
  Disputes over elections of officers and Directors;
  Disputes over approval of construction and other loans by HOA to improve HOA property.

• Many cases involving home inspections by Home Inspectors and Termite Inspectors, including:
  Disputes arising from incomplete or inadequate inspections;
  Claims of fraudulent inspections (inspections not actually performed by signed off) by both buyers and sellers.

• Theft of intellectual property dispute between the two largest manufacturers in U.S. of adult sex products over alleged misappropriation of images used in advertising materials.
• Multi-million dollar dispute between creators/producers of top 20 network television show over who should be entitled to residuals as “creator” of show upon syndication.
• Copyright infringement action between internet company selling “touts” (predictions by sports handicappers of up-coming games) for a fee and internet company with “billboard” displaying allegedly copyrighted materials.

• Toxic Tort wrongful death cases involving alleged death from inhalation of powdered dye and inhalation over time of toxic chemicals in workplace.
• Personal injury automobile cases.

• Wrongful discharge of record company executive seeking $5 million in damages.

• As an adjunct to construction matters, scores of insurance coverage and bad faith lawsuits.

• $2.5 million claim of legal malpractice arising from failure to timely file and record Stop Notice in construction dispute.