Kevin_J__Gillispie

Partner

Kevin J. Gillispie

Location

1401 Willow Pass Road
Suite 700
Concord, CA 94520
P (925) 222-3400
F (925) 356-8250

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Awards

Bio

Kevin Gillispie has worked in the Northern California office since 2001, starting in the Summer Associate Program straight out of law school. Kevin specializes in construction litigation, product liability, employment law, business litigation, and tort defense. Kevin works with clients on all aspects of their business including corporate formation, document creation, risk management and, if necessary, litigation. His clients include everything from individuals and small local businesses to large Fortune 500 companies—he enjoys the unique challenges and opportunities presented working with such a wide range of clients. A native of the Central Valley, Kevin has also worked with the farming industry in many agricultural related matters including lease disputes, land acquisition, sales and profit disputes as well as contaminant claims.

Education

University of California Hastings Law School (J.D., 2002)

University of California, Santa Barbara (B.A., 1998)

Licensed to Practice in:

California

Practice Areas

Business Transactions
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  • Negotiation and drafting of prime construction contracts and construction subcontracts.
  • Negotiation and drafting of business agreements.
  • Drafting of real estate documents, including purchase and sale documents, CC&Rs and compliance documents for SB 800.
  • Formation of corporations, limited liability companies, joint ventures and partnerships.
  • Lease disputes, purchase and sale of farm land and equipment.
  • Defense of disputes over contaminants and resulting property damage.
  • Prosecution of lost profit claims involving crop sales and long term contracts.
  • Regulatory advice on sales as well as state and local compliance issues.
Commercial and Business Litigation
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  • Defense and Prosecution of Shareholder Actions, including D&O and derivative actions.
  • Partnership disputes.
Construction
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  • Defense of homebuilders against a wide range of property claims, including construction defect and personal injury.
  • Representation of large homebuilders and real estate developers in all aspects of litigation.
  • Defense of worksite-injury and related worker’s compensation claims.
  • Extensive experience in arbitration, mediation, and other ADR programs.
  • Defense of public-storage, condominium, and mixed-use building owners, contractors, and developers.
  • Prosecution and defense of construction managers.
  • Litigation and transactions involving mixed-use and conversion projects.
Environmental
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  • Litigation and risk management on behalf of businesses, developers and contractors regarding all facets of toxic tort and environmental exposures.
  • Defense of disputes over contaminants and resulting property damage.
Product Liability
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  • Defense/representation of manufacturers, retailers, distributors and suppliers against claims of injuries allegedly due to defects in product manufacture and design.
  • Litigation defense involving home appliances and fitness equipment.
Real Estate and Land Use
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  • Preparation of a wide variety of contracts including purchase agreements, MOI, land development, joint ventures, and disclosures.
  • Risk-management consultation.
  • Negotiation and drafting of construction contracts, SB800 document preparation, and compliance review.
  • Experience in defending/resolving wetland and EPA violations and obtaining 404 Permits.
  • Litigation concerning mortgage fraud,
  • Truth-in-Lending violations, and foreclosure claims resolution.
  • Experience in bankruptcy and creditor’s rights issues, and landlord/tenant law.
  • Agricultural lease disputes, purchase and sale of farm land and equipment.
  • Prosecution of farm-related lost profit claims involving crop sales and long term contracts.
Transportation
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  • Experience in resolving claims over interstate commerce, including work under The Carmack Amendment to the Interstate Commerce Act.
  • Defense of trucking companies in all claims, including injury, damage to property, and lading issues.
Toxic Tort and Occupational Exposure
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  • Defense of water-intrusion and “toxic” contaminants claims, including mold and asbestos.

Publications

United States Supreme Court Compels Arbitration of Claims Subject to Federal Arbitration Act Even Where the Complaint Includes Nonarbitrable Causes of Action, Legal Insights, Winter 2012 (Chartis Insurance).

The Insurer’s and Defense Counsel’s Perspective: New Trends in the Investigation and Discovery of a Construction Defect Claim,” Claims and Litigation Management Alliance.

Author, “The Insurer’s and Defense Counsel’s Perspective: New Trends in the Investigation and Discovery of a Construction Defect Claim,” Claims and Litigation Management Alliance.

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Trial & Appellate Results

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Events, Seminars & Presentations

Construction Defect Defense in a Down Economy, ADC Northern California, Annual Meeting, December 9, 2010

Dealing with Homeowner Claims & Solicitation Letters: A Builder’s Guide to Responding to and Avoiding Construction Defect Claim; California Building Industry Association, North State Building Industry Association and Building Industry Association of San Diego County

Risk Management & Customer Service; Building Industry Association of the Delta

Understanding SB 800; for publicly traded residential builder

Emerging Issues in Construction Defect Claims; for international insurance carrier

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Community Activities

Discovery Facilitator, Contra Costa County Superior Court

Active with Mt. Diablo Silverado Counsel Club Scouts of America

Soccer Coach, Mustang Soccer League

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Memberships

Member of Executive Editorial Board, CJM Journal of American Law

Law Certified Litigation Management Professional by the Litigation Management Institute and Columbia Law School

Awards & Accomplishments

AV Preeminent Lawyer by Martindale-Hubbell

Northern California Rising Star, 2009-2010, 2012-2017

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