Mehrdad Farivar, FAIA

    Partner
    Los Angeles, San Francisco
    Direct: 213.417.5108; 415.984.8514
    Main: 213.891.9100

    Practice Focus:

    • Main Biography
    • Architect & Engineer Law
    • Construction Law
    • Copyright & Trademark
    • Real Estate Law


    Mehrdad Farivar is a member of the firm’s Design & Construction and Commercial Law practice groups. His practice is focused exclusively on the construction industry, and his clients include design professionals, owners, developers, subcontractors and material suppliers. Mr. Farivar represents his clients in litigated matters, as well as in the preparation and negotiation of all types of design, construction and related contracts. Mr. Farivar is a former practicing architect licensed in California and the UK, and is a fellow of the American Institute of Architects. Due in part to his many years of industry experience in the design and construction industries, Mr. Farivar frequently counsels and advises his clients on business and risk management issues, including: entity formation, partnership agreements, licensing, structuring, management and termination of joint ventures, project and construction management, copyright, design-build contracts, construction and related claims and liens.

          
            Representative Matters

        • Represents a major international architecture firm in litigation arising from the design and construction of the Las Vegas Monorail system
        • Represents architecture firm in ADA action involving the Kodak Theater in Los Angeles
        • Advised the prime contractor for design; a major international architecture and engineering firm in numerous design and construction contracts related to an $800 million overhaul of the Las Vegas Convention Center
        • Advised developers of twin highrise condominium towers in Honolulu concerning claims arising from curtain wall and spontaneous glass failure
        • Successfully represented the Japanese American National Museum in connection with a major construction claim arising from the construction of a new museum building in Los Angeles
        • Successfully defended major European stone supplier against claims of stone failure in California
        • Won trial and appeal on design lien claim in Central California and successfully foreclosed on the lien and obtained title to property subject to the lien, on behalf of client
        • Advises supplier and importer of exterior paneling/facade rain screen product on product marketing, sales and warranty issues
        • Prepared the entire package of design-build contracts for a $132 million mixed use project in Los Angeles
        • Successfully defended project owner in copyright infringement action

     

    Education

    • Milan Polytechnic, School of Architecture, Milan Italy
    • University of Manchester, School of Architecture, Manchester England
    • London University, University College Bartlette School of Architecture, Graduate studies
    • Southwestern University School of Law

    Court Admissions

    • United States District Court for the Central District of California

    Bar Admissions

    • California, 1992

    Distinctions

    • Licensed Architect in California since 1981
    • Licensed Architect, United Kingdom, since 1978
    • Presidential Citation, American Institute of Architects, California Council, 1994
    • Elected to the College of Fellow, American Institute of Architects, 2004
    • Member, liaison group, between the American Bar Association Forum on Construction Law, and the American Institute of Architects Document Committee, to provide input in the development of standard AIA contract documents for digital practice.

    Other Information

    • Planning Commissioner, City of Santa Monica, 1985-1990
    • Member, and Chair, City of Santa Monica Building & Safety Commission, 1983-85; and 2000-2004
    • AYSO and Little League coach, City of Santa Monica, Boy Scout Counselor, Boy Scouts of America Troop 2, Santa Monica
    • Consultant, California Architects Board
    • Board member, Cal Parents, University of California, Berkeley

    Speeches and Publications

            Publications

        • "Court of Appeal Interprets Policy Language in Contractor's CGL Policy," April 2011
        • "Design Professional and Construction Manager Law," co-author of chapter on Design Professional Contract Responsibilities – Pre-Design and Pre-Construction Phases, published by the American Bar Association Construction Industry Forum, January 2007
        • "Intelligent Design," article in Los Angeles Lawyer Magazine, December 2006
        • "Construction Litigation: Is There a Crisis?," In Focus (magazine of the Orange County Chapter of the American Institute of Architects), September 1996
        • "Bills v. Invoices," LA Architect, December 1996
        • "Limitations of Liability and Indemnity in Architect-Client Agreements," Update (a publication of the American Institute of Architects California Council), 1994


            Lectures/Presentations

        • "Embracing BIM to Regain Leadership," kTalk video from "Risk Management Best Practices" aecKnowledge continuing education course, March 2012
        • "BIM: Promises & Challenges," presentation to AIA Los Angeles Practice Committee, March 16, 2012
        • "The AIA Documents: An Overview," presentation to AIA Los Angeles Practice Committee, December 9, 2011
        • "BIM: Promises & Challenges," presentation to Arup Los Angeles Office, December 1, 2011
        • "Managing Risk through a Better Understanding of Contracts," presentation to Landscape Architecture class, University of Southern California, October 21, 2011
        • "Getting Paid? Tricks of the Trade for Tough Economic Times - Mechanic's Liens, Stop Notices & Design Professional Liens," co-presented seminar for design professionals, September 13, 2011
        • "Managing Risk through a Better Understanding of Owner-Architect Contracts," a presentation to the AIA Los Angeles Practice Committee, June 10, 2011
        • "Integrated Project Delivery: A Passing Trend, or the Wave of the Future? A View from California," a presentation to Lloyd's of London underwriters and claims specialists, February 9, 2011
        • "Know and Exercise Your Lien Rights," AIA/LA annual MOBIUS LA Conference, June 25, 2010
        • "Being Prepared: Legal Concerns & Contracts," Co-Speaker with Christine Drage of Weil & Drage, AIA Nevada Design Conference, September 17, 2009
        • "The Owner-Architect Agreement: Nuts & Bolts - Magic Words and Phrases – Insurance," presented together with Christopher Menjou, Esq. and Sherall Gradias of Dealey, Renton & Associates, AIA MOBIUS LA, June 27, 2009
        • "Integrated Project Delivery: A Case of Means Justifying the End," a presentation to AIA/LA, April 8, 2009
        • "Copyright Law in the Practice of Architecture," a presentation to Marketing and Protection of Design Professional Services on the Internet (hosted by MPP in Las Vegas, NV), November 21, 2008
        • "The New AIA Owner - Architect Form Agreement," a presentation to UCLA Graduate School of Architecture, April 30, 2008
        • "Getting the Most Out of Your Contractor and Architect Agreements: A Look At the 2007 AIA Forms," a presentation to USC Gould School of Law 2008 Symposium on Real Estate Law and Business, April 24, 2008
        • "Integrated Practice Using BIM," a presentation to UCLA Graduate School of Architecture, October 31, 2007
        • "The Anatomy of Owner / Architect Contracts" a presentation to UCLA Graduate School of Architecture, October 31, 2007
        • "Copyright Law in the Practice of Architecture," a presentation to AIA MOBIUS LA, October 25, 2007
        • "Integrated Practice Using BIM," a presentation to Perkins & Will, July 26, 2007
        • "BIM and Integrated Project Delivery," a presentation to Danielian & Associates, Irvine, California, January 25, 2007
        • "Copyright Law in Design and Construction: Evolution of the Doctrine of Implied License," Los Angeles County Bar Association, May 2006
        • "Risk Management Basics for Architects," RNL Design, Los Angeles, March 2006
        • "Copyright Law in the Practice of Architecture," a presentation to GENSLER, Santa Monica, California, September 30, 2005
        • "Construction Management and Design – Build in Nevada," Lorman Seminars, August 2005
        • "Construction Management and Design – Build in Nevada," August 2004
        • "Ownership and Sharing of Electronic Files – Legal Issues," a panel presentation at North American Steel Construction/Pacific Structural Steel Conference, March 2004
        • "Design-Build # Engineering Trends in Public and Private Projects," Los Angeles County Bar Association, September 2003
        • "Contracts and Liability, Copyright and Liens," Lorman Education Services, Pasadena, California, October 2002
        • "Design-Build," UCLA School of Architecture, May 2002
        • "Loss Prevention and Record Keeping," Nadel Architects, 2002
        • "Liability, Loss Prevention and Contracts," AIA Inland California Chapter, 2002
        • Moderator and presenter, "Architect Contracts, Architect Liability and Copyright Issues," Los Angeles County Bar Association Construction Law Subsection, November 2001
        • "Loss Prevention Seminar," Koning Eisenberg Architecture, October 2001
        • "Copyright Basics for Architects," UCLA School of Architecture, May 11, 2001
        • "Design Professionals Liens," Society of Iranian American Engineers and Architects, Beverly Hills, California, August 2000
        • "Law for Architects," UCLA School of Architecture, May 2000
        • "Design Professionals Liens," Altoon & Porter Architects, Los Angeles, California, October 1999
        • Lecturer and Moderator, "The New AIA Documents B141 and A201, 1997 Edition," presentation to AIA Los Angeles Chapter, October 1999
        • "Contracts for Design Professionals," UCLA School of Architecture, May 1999
        • "The New AIA Document B141, 1997 Edition," presentation to AIA Inland California Chapter, January 1999
        • "New AIA Document (B141 and A201)," Construction Lawyers Breakfast Group, Covina, California, May 1998
        • "The 1997 Edition of the Owner/Architect Agreement (AIA Document B141)," a workshop for American Institute of Architects Los Angeles Chapter, April 1998
        • Lecturer and Moderator, "New Generation of AIA Documents," Construction Law Subsection, Real Property Section, Los Angeles County Bar Association, February 1998
        • "Government and Architectural Profession," Architecture California, Fall 1997
        • "The New AIA Documents," Society of Iranian Engineers and Architects, November 1997
        • "The New AIA Documents," American Institute of Architects, San Francisco Chapter, November 1997
        • "The New AIA Documents," A/E Systems Conference, San Diego Convention Center, November 1997
        • "Contracts," AIA California Council Practice Conference, Oxnard, California, November 1996
        • "Construction Law," University of Southern California Law Center, 1996
        • "Lecturer and Moderator, "Design Build: Adapting the Law to a Powerful Trend," Construction Law Subsection of the Los Angeles County Bar Association, Real Property Section, December 1995
        • "Small Projects: What Can Go Wrong and How to Prevent It," Professional Practice Committee of the American Institute of Architects, Los Angeles Chapter, Fall 1995
        • "Mechanics’ Liens," lecture given at the Society of Iranian Engineers and Architects, Fall 1994