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Richard A. Holderness, Esq.
SEYFARTH SHAW
101 California Street, Suite 2900
San Francisco, CA 94111-5858
E-mail: RHolderness@legalelite.com
Phone: 415-397-2823
Real Estate Construction
Legal Elite
Index
1. Specialty Description
2. Professional Activities

3. Books Authored

4. Articles Authored
5. Presentations
6. Education
7. Personal Notes
 
1. Description of Specialty

Mr. Holderness has practiced design and construction law for over 25 years.

Mr. Holderness advises owners, design professionals, contractors, and subcontractors on all legal aspects of construction including contracting negotiation, contract drafting, bidding, contract interpretation, differing site conditions, extra work, changes, payment disputes, design deficiencies, delay and other impact claims, and performance problems. His practice encompasses both private and public construction contracts.

He advises clients about alternative contractual relationships such as "Partnering" that may be appropriate for particular projects and about the availability of alternative dispute resolution procedures that offer viable alternatives to expensive and prolonged court battles.

When disputes arise, Mr. Holderness represents clients in state and federal courts, arbitration, and other dispute resolution forums.

2. Professional Activities & Associations                   Back to Top

Past director of the State Board of Directors of the Associated General Contractors of California

Past Chair of the Legal Advisory Committee of the Associated General Contractors of California

Past Chair of the Construction Law Subsection, Real Property Law Section, State Bar of California

Member of the Forum on the Construction Industry, Litigation Section, and Public Contract Law Section of the American Bar Association

Member of Engineering & Utility Contractors Association and the Western Council of Construction Consumers

Based on his experience and expertise, Mr. Holderness has been selected by the American Arbitration Association to serve as an arbitrator and mediator on the Large Complex Case Panel for construction disputes.

3. Books Authored                                                       Back to Top

Author of Approaching Construction Disputes, published by Regents of the University of California for the Continuing Education of the Bar (CEB), 1996.

Editor, State-by-State Guide to Architect, Engineer, and Contractors Licensing, published by Aspen Law, 1998.

Co-Author of Advanced Construction Law in California, published by National Business Institute, 1999.

Co-Author of Mechanics’ Lien Law and Strategies in California, published by National Business Institute, 1998.

Co-Author of Advanced Construction Law in California, published by National Business Institute, 1997.

Co-Author of Construction Change Order Claims, published by John A. Wiley & Sons, 1994.

Co-Author of The Construction Contractor’s Handbook of Business and Law, published by John A. Wiley & Sons, 1992.

Co-Author of Construction Litigation: Representing the Owner, published by John A. Wiley & Sons, 1990.

4. Articles Authored                                                       Back to Top

"Avoiding Claims: The Secret Weapon . . . Common Sense," California Constructor, June 1997.

"Surety Bad Faith: It’s Back," Associated General Contractors of California Legal Brief, 1997.

"Minimizing Real Property Liabilities: Construction," 13th Annual Real Property Institute, California Continuing Education of the Bar, 1996.

"Project Partnering: Back To The Future," Law Seminars International, 1995.

"The 1990's: A Different World for Construction Lawyers," CM Magazine, February 16, 1995.

"Alternative Dispute Resolution: Turning the Theoretical into Reality," San Francisco Attorney magazine, February-March 1995.

"Attorneys Fees: Ways to Tame the Monster," Associated General Contractors of California, February 1995.

"Legislative Changes to Mechanics’ Lien, Stop Notice, and Payment Bond Rights," Associated General Contractors of California Legal Brief, 1995.

"New Lien Waiver Amendments (Civil Code 3262)," Associated General Contractors of California Legal Brief, 1994.

"Partnering," Associated General Contractors of California, 1993.

"California Tests Boundaries Of Criminal Liability For Workplace Safety," Associated General Contractors of California, 1992.

"How Contractors Lose Claims," Associated General Contractors of California, 1992.

"A Practical Guide To The Intersection Of Construction Law And Environmental Law - Part I," The Construction Contractor, Federal Publications Feature Comment, 1992.

"A Practical Guide To The Intersection Of Construction Law And Environmental Law - Part II," The Construction Contractor, Federal Publications Feature Comment, 1992.

"The Halbert’s Case: A Dilemma For The Construction Industry," Associated General Contractors of California Legal Brief, 1992.

"Partnering - A Better Way," Associated General Contractors of California Legal Brief, 1992.

"Legal Trends Affecting Labor In The 90's," Associated General Contractors of California, 1992.

"Construction Litigation Against A Foreign Owner or Subcontractor," Construction Law Manual, Vol. III (Associated General Contractors of California, 1990).

5. Presentations                                                           Back to Top

Mr. Holderness is a frequent lecturer to various professional organizations, both locally and nationally. He advises the California Continuing Education of the Bar (CEB) on construction publications and presentations directed at California lawyers.

"Advanced Construction Law In California," National Business Institute, 1999 (1 day).

"Mechanics’ Lien Law and Strategies in California," National Business Institute, 1998 (1 day).

"Drafting Effective Construction Contracts," Federal Publications, 1998 (2 days).

"Changes and Claims In Government Construction," Federal Publications, 1998 (3 days).

"Alternative Dispute Resolution," Western Council of Construction Consumers, 1997.

"Advanced Construction Law In California," National Business Institute, 1997 (1 day).

"Alternative Dispute Resolution: Is It Effective?," Construction Superconference, 1997.

Co-Chair, California Construction Law Conference, CLE International, 1997.

Panel Moderator, "Partnering: What Is it? Does it work?," CLE International, 1997.

"Changes and Claims in Government Construction," Federal Publications, 1997 (3 days).

"Changes and Claims in Government Construction," Federal Publications, 1996 (3 days).

"Minimizing Real Property Liabilities: Construction," 13th Annual Real Property Institute, California Education of the Bar, 1996.

"Project Partnering: Back To The Future," Construction Law Seminar, Law Seminars International, San Francisco, California, 1995.

"Partnering: A New Approach To Homeowner Association Defect Claims," Real Property Section, State Bar of California, 1995.

"Attorneys Fees: Ways to Tame the Monster," Associated General Contractors of California Seminar, 1995.

"Domar: Is It the New Direction for Affirmative Action or a Dead End?," Board of Directors of the Associated General Contractors of California, 1995.

"Alternative Dispute Resolution: A Practical Alternative for Resolving Construction Disputes," General Services Administration, Region IX, 1994.

"Partnering, Hard to Believe, But It Works," American Society of Civil Engineers, 1994.

"Performing on Public Works Jobs: Now That I’ve Got a Job, How Do You Expect Me to Make a Profit," Associated General Contractors of California Seminar, 1994.

"The New Subcontract Forms of the Associated General Contractors of California," American Society of Professional Estimators, 1994.

"Partnering," Associated General Contractors of California Seminar, 1993.

"ADR - Alternative To What?," California Department of Real Estate, 1993.

"Halbert’s: A Dilemma for the Construction Industry," joint meeting of the Tax and Fiscal Affairs Committee and Insurance and Bonds Committee of Associated General Contractors of California, 1992.

"How Contractors Lose Claims," Associated General Contractors of California Seminar, 1992.

"Use and Abuse Of The Bidding Process: Public Contracts, Private Projects, And Sub-Bids," Associated General Contractors of California Seminar, 1991.

"Targeting Construction Claims By The Contractor Against The Owner," Construction Litigation Superconference, 1989 (San Francisco).

"Litigation Of A Construction Project That Involves a Foreign-Based Owner, Contractor or Subcontractor," Construction Litigation Superconference, 1988 (San Francisco) and 1989 (New York).

"The New 1987 Edition Of The AIA Document 201 General Conditions: New But Is It Improved?," Association of Builders and Contractors Seminar, 1987.

"Construction Law - Owner Protection From Construction Claims," Real Property Law Section, State Bar of California, 1986.

"Claims And Changes - Pitfall Or Profit," Associated General Contractors of California - Santa Clara District, 1985.

6. Education                                                                  Back to Top
  • J.D. from the University of San Francisco, graduating Magna Cum Laude, in 1973
  • B.A. from the University of California, Los Angeles, in 1966
7. Personal Notes                                                        Back to Top
  • Born in Carlisle, Pennsylvania, in 1944
  • Served as a tank officer in the United States Marine Corps from 1966 to 1969