JOSEPH C. MALPASUTO PC
5807 Birch Crest Way
Bakersfield, Ca 93306
Telephone: (661) 871 2846
Facsimile: (661) 871 2847
E-Mail: jmalpasuto@bizbak.rr.com
JOSEPH C. MALPASUTO, ESQ
Current Employer-Title:
Self Employed - Full Time Construction/Business Neutral
Profession:
Attorney, ADR Neutral - Construction, Business
Work History:
Neutral, Self-employed, 2002-present. Of Counsel, Monteleone &
McCrory, LLP, 1998- 2002. Partner, Gill and Baldwin, 1975-98; various construction industry positions,
1960-1975.
Experience:
Over
25 years experience as a lawyer
(75% construction, 25% business).
CONSTRUCTION: Over 15 years experience with asphalt, rock sand, and
ready mix businesses, including as Vice President and Chief Operating
Officer. Served as both a litigation and transactional attorney for
construction disputes representing prime and subcontractors, material
suppliers, sureties, and owners. Representative disputes included design
defects, extra work, delays and impacts, indemnity, and statutory
remedies involving asphalt and concrete paving, bridge construction and
retrofitting, piling (including CIDH work), underground construction
regarding sewers, utilities, and storm drains, and residential and
commercial construction. Represented home, condominium, and real
property owners concerning claims of defective/slow construction,
interpretation of home improvement contracts, and contractor license
violations. BUSINESS: Purchase, sale, and lease of real estate including
raw land, commercial, and residential properties; business and asset
acquisitions; trade secret, confidentiality, trade mark, and patent
infringement; insurance coverage and bad faith; title insurance
liability; sales and real estate taxes; and wrongful termination, labor,
and workers compensation.
Alternate Dispute Resolution Experience
MEDIATION-
CONSTRUCTION: Served as a mediator
for over 125 construction
disputes involving owner vs contractor concerning prime contractors vs
subcontractors and contractors versus owners, both public and private,
concerning defective work, delay,
disruption, impact/ damages, extra
work, defective design, indemnity and insurance coverage. Amounts in
dispute ranged from $10,000 to $20,000,000. 70% of the matters mediated
involved more than three parties, and have included up to 50 parties
MEDIATION- BUSINESS: over 30 mediations including
employees versus
employer concerning wrongful termination; insurance coverage and amount of
recoverable damages concerning numerous Northridge earthquake disputes; legal
malpractice;
attorney and client disputes concerning the reasonableness of attorneys
fees ARBITRATION- CONSTRUCTION:
Homeowners versus contractors, prime
contractors versus subcontractors and sureties
regarding late or defective construction and insurance coverage; failure
to perform work,extra work, disruption, delay damages both direct and home
office, interference; CPM scheduling and indemnity. ARBITRATION BUSINESS:
attorneys fee disputes, legal malpractice; insurance coverage; amount of damages
recoverable for fire, water, valuation
of assets; purchase and sale of business equipment; real estate disputes
concerning options to
purchase real property, and buy and sell agreements relating to raw
land, condominiums and commercial buildings
Multi-Party Dispute Resolution Experience:
Multi-party
experience includes the mediation of a 50-party construction defect case
involving homeowners, contractor, architect, subcontractors, and suppliers; a
20-party dispute between the owner of a commercial building against the
contractor, structural and electrical engineering contractors, subcontractor and
suppliers; and a 20-party condominium defect matter.
70% of the matters mediated involved more than three parties.
Alternative Dispute Resolution Experience:
Extensive
experience in the mediation of disputes both as an advocate since 1975
and as a mediator since 1994. Mediator
of more than 125 construction disputes both privately and for the Los Angeles
Superior Court. Advocate in
meditations involving claims valued up to $34 million.
Member of the American
Arbitration Association Construction
Mediation Arbitration, Commercial and LCC panels; Member of the State
Construction Arbitration Panel for State of California;
formerly on the Los Angeles Superior Court JSOPS and Los Angeles County
Bar DRS mediation panels.
Alternative Dispute Resolution Training:
Los Angeles,
2/01; AAA Commercial Arbitrator Training Workshop, Los Angeles, 3/99; AAA
Construction Industry Arbitrator Training, Los Angeles, 3/97; County of Los
Angeles DRS Mediation Training; various other ADR training including
Pepperdine University mediators Master Forum, 3/20/02, 4/03 Los Angeles DRS
Advanced Mediation Training
Professional Licenses:
Admitted to
the Bar: California, 1975 U.S.
District Court - Northern, Eastern, Central and Southern Districts of
California; U.S. Court of Appeals, Ninth Circuit.
Professional Associations:
California
State Bar, and Los Angels County Bar associations. American Arbitration
Association, Large Complex Case and Commercial Panels. Arbitration Mediation
Conciliation Center & Contractor State License Board, Master Arbitrator
Panel.
Education:
University of
the Pacific (BA-1960); San Fernando College of Law -night school. (JD,
Co-Salutatorian, Law Review-1975).
Awards and Honors:
Martindale-Hubbell
AV rated. Recipient, Outstanding
Service as a Mediator Award, Los Angeles County Bar Association Dispute
Resolution Service, 2000; Outstanding Service as a Mediator Award, Los Angeles
Superior Court, 1998.
Publications and Speaking Engagements:
Presenter,
"Construction Claims in California", The Lorman Group, May 2000;
presenter "Construction Contracting for Public Entities", The Lorman
Group, April 2000. Author- “Choosing the right mediator for a Complex
Construction Dispute”. American Arbitration Association-Punchlist. 5/2002;
Underground Focus Academy-2004. Presenter& Mediator Mock mediation
construction dispute: Speaker-Mediating a complex construction dispute.
References:
George
Calkins, (310) 277-4222; Michael Minchella, (213) 612-9900; Steve Atkinson,
(562) 404-4444.
Fees:
$350 per hour for Arbitration and $3500.00 per day for Mediation.
Mediator, Arbitrator, Pro Tem, & Referee Compensation; Cancellation policy:
cancel less than 15 business days
in advance of and not including the hearing day - refund ˝ of fees paid if
unable to re-book. Cancel on the day of hearing will charge the full fee for
time reserved that day and refund ˝ of fees if able to re-book remaining
reserved days. Study and
deliberation time at the foregoing rates. No charge for travel time within Los
Angeles, northern Orange County and Santa Barbara. Charge for lodging expenses
as incurred.
Citizenship:
United States of America