Designed Protection® for Architects & Engineers
Green Design Liability Risk Hotline Panel

The following attorneys have agreed to be available to assist policyholders in identifying green design related liability risks and providing limited general information about such risks.  See bio information below.

Dion N. Cominos, Esq.
Firmwide Managing Partner
dcominos@gordonrees.com
Gordon & Rees, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Main Phone: (415) 986-5900
Direct Fax: (415) 262-3714
www.gordonrees.com 

 

William E. Kelley, Jr.
wkelley@dsvlaw.com
Drewry Simmons Vornehm LLP
Indianapolis/Carmel/Merrillville Offices
Main Office: Carmel City Center
736 Hanover Place, Suite 200
Carmel, IN 46032
Main Phone:  (317) 580-4848
Fax:  (317) 580-4855
www.dsvlaw.com
Twitter: @DSVlaw

 

Ian A. Stewart
ian.stewart@wilsonelser.com       
Wilson Elser Moskowitz Edelman  & Dicker LLP  
555 South Flower Street,
Suite 2900
Los Angeles, CA  90071
P:  (213) 443-5100
F:  (213) 443-5101

 

Stephan F. (Hobie) Andrews
sandrews@vanblk.com
Vandeventer Black LLP
Eighth & Main Building
707 East Main Street, Suite 1700
P.O. Box 1558
Richmond, VA 23218-1558
P: (804) 237-8803
F: (804) 237-8801

 

Theodore D. Levin, P.E., Esq.
tlevin@mpplaw.com
Morris Polich & Purdy LLP
1055 West Seventh Street
Suite 2400
Los Angeles, CA  90017
Direct: (213) 417-5309
P: (213) 891-9100
F:  (213) 488-1178
www.mpplaw.com
 

Douglas L. Pintauro
dpintauro@lbcclaw.com
L’Abbate Balkan Colavita & Contini LLP
1001 Franklin Avenue
Garden City, NY  11530
P:  (516) 294-8844
F:  (516) 294-8202
www.lbcclaw.com
Benton J. Barton
bartonb@hallevans.com
Hall & Evans
1001 17th Street, Suite 300
Denver, CO 80202-2052
P:  (303) 628-3403
F:  (303) 293-3231
www.hallevans.com

 


Dion N. Cominos, Esq.

Firmwide Managing Partner
dcominos@gordonrees.com
Gordon & Rees, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Main Phone: (415) 986-5900
Direct Fax: (415) 262-3714
www.gordonrees.com

Litigation partner Dion Cominos has been with Gordon & Rees since 1987 and is the head of the firm's Commercial Litigation Group for Northern California. He also serves as the Firm Managing Partner for Gordon & Rees.

Mr. Cominos specializes in defending businesses and individuals in a wide variety of claims involving commercial disputes and professional liability matters, including Construction disputes. He has extensive arbitration and trial experience in numerous civil and administrative proceedings in federal districts and state counties throughout California. Mr. Cominos' experience in all forms of alternative dispute resolution includes mediations both in California and abroad, where he has served as both a mediator and arbitrator.

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Ian A. Stewart
ian.stewart@wilsonelser.com       
Wilson Elser Moskowitz Edelman  & Dicker LLP  
555 South Flower Street,
Suite 2900
Los Angeles, CA  90071
P:  (213) 443-5100
F:  (213) 443-5101

Ian A. Stewart is a Partner in the Los Angeles office of Wilson Elser Moskowitz Edelman & Dicker LLP.  He handles complex litigation matters in both state and federal courts with an emphasis on product liability, professional liability, general liability and commercial litigation. Ian frequently defends catastrophic multi-party litigation.

Mr. Stewart's professional liability practice focuses on the defense of architects/engineers and miscellaneous specialty risks, including data privacy and cyber liability matters. He also performs contract reviews for design professionals.

Mr. Stewart has successfully defended a variety of product liability matters involving products manufactured in the United States and abroad. These include recreational vehicles, industrial machinery, drugs and medical devices, amusement park rides, sporting goods and consumer products.

Publications and Presentations: 
• "First in the Nation: California's Mandatory Green Building Standards," DRI's For the Defense (June 2010);
• "The Impact of Green Building Initiatives on Construction Defect and Design Claims," California Litigation, Journal of the Litigation Section, State Bar of California, Vol. 21, No. 2 (2008);
• "California's Green Building Standards Code," London, England (2010)
• "Contracting for Green Design & Construction," Construction Management Association of America, Long Beach, CA (2009)

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Theodore D. Levin, P.E., Esq.
tlevin@mpplaw.com
Morris Polich & Purdy LLP
1055 West Seventh Street
Suite 2400
Los Angeles, CA  90017
Direct: (213) 417-5309
P: (213) 891-9100
F:  (213) 488-1178
www.mpplaw.com

Mr. Levin is a Partner at the firm of Morris Polich & Purdy LLP.  The primary focuses of Mr. Levin’s practice are design professional liability, construction law and general liability litigation. He is both a practicing lawyer and registered civil engineer (State of California), and specializes in the representation of architects, engineers, contractors, owners and insurers in all aspects of construction law, including contract and defect claims, risk management, contract analysis and advice, and mechanics lien/design professional law. He also represents numerous private and public entities in tort liability claims. In addition, Mr. Levin serves as practice group leader for the design and construction team of attorneys at Morris Polich & Purdy LLP.

Mr. Levin has lectured and written extensively on a broad range of topics, including design professional and construction risk management issues, recent legal developments affecting the design and construction industries, sustainable/“green” design, strategies involving project delivery methods (including Integrated Project Delivery (IPD) and Building Information Modeling (BIM)), ownership of design professional plans and designs, and insurance issues affecting the construction industry

Publications and Presentations: 
• "Advanced Sustainable Design: New Developments and How to Manage the Risk," co-presented webinar
• "Sustainable Design and CALGreen: Legal Issues and Risk Management," presented to the AIA|LA Practice Committee
• "Sustainable Design in the U.S.: California LEEDs the Way," presented at Lloyd's of London
• "Legal Issues Affecting Sustainable Design," presented to the the American Institute of Architects / San Fernando Valley Chapter
• "LEED Us Not Into Temptation," presented to the American Institute of Architects California Council – California Practice Conference

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Benton J. Barton
bartonb@hallevans.com
Hall & Evans
1001 17th Street, Suite 300
Denver, CO 80202-2052
P:  (303) 628-3403
F:  (303) 293-3231
www.hallevans.com

Benton Barton currently handles trials, arbitrations and appeals in matters involving professional liability, products liability and commercial torts. Benton serves on the Firm’s Board of Directors and chairs its Design & Construction Practice Group. Benton’s trial experience includes the defense of architects and engineers, miscellaneous professionals, manufacturers, suppliers and insurers. His appellate experience includes numerous oral arguments and ten reported decisions.
Benton is currently the Hall & Evans contact partner for a number of national and regional clients, including leading professional liability insurance carriers and design firms. Recently, Benton has acted as supervising or lead trial counsel in high-exposure matters in Colorado, Utah, Montana and Texas.

Benton is a frequent author and presenter on design, construction and insurance topics.

Publications and Presentations:
• “Design Professional Litigation,” American Society of Civil Engineers (2008)
• "Building Green," ALFA International (2008)
• “Stories from the Front Lines: Construction, Design and Insurance,” ALFA International (2010)
• "Colorado Construction Defect Litigation and Coverage," Book (2010)

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William E. Kelley, Jr.
wkelley@dsvlaw.com
Drewry Simmons Vornehm LLP
Indianapolis/Carmel/Merrillville Offices
Main Office: Carmel City Center
736 Hanover Place, Suite 200
Carmel, IN 46032
Main Phone:  (317) 580-4848
Fax:  (317) 580-4855
www.dsvlaw.com
Twitter: @DSVlaw

William E. Kelley, Jr. is an attorney at Drewry Simmons Vornehm, LLP, where he focuses his practice in the areas of Construction Law, Real Estate and Environmental Litigation, Professional Liability Litigation, Real Estate Acquisitions, Sales, Leasing and Development, and Business and Commercial Litigation.

Mr. Kelley is a frequent author and lecturer on professional liability, insurance coverage, and the legal aspects of green building and sustainable design. He has achieved accreditation as a LEED AP BD+C, and he is an active member of several green building and construction law committees, including the ABC National Green Building Committee, the ABC Indiana Green Building Committee, the U.S. Green Building Council (USGBC) Indiana Chapter, the sponsorship committee for the Greening the Heartland 2012 conference, DRI's construction law committee, and DTCI's construction law section. Mr. Kelley represents design professionals, contractors, subcontractors, developers, owners and insurers for construction and real estate matters. Mr. Kelley was also involved in a joint venture between the American Bar Association (ABA) Forum on Construction Law and the American Institute of Architects (AIA) for review and comment on the AIA Sustainable Project (SP) Contract Documents.

Accreditations
Leadership in Energy and Environmental Design Accredited Professional (LEED AP BD+C)

Publications and Presentations on Green Building and Sustainability:

Presenter, "What Contractors Should Know About the International Green Construction Code (IgCC)", national webinar hosted by Associated Builders & Contractors (ABC) National Green Building Committee
Author, "Avoiding a False Green Claim", Construction EXECUTIVE Magazine, June 2013
Author, "Legislating Green: Incentives and mandates move green building beyond 'fad' status", Northwest Indiana Business Quarterly Magazine, Winter-Spring 2013
Presenter, "Greening Your Contracts: Contracting Strategies for Green Building and Sustainable Project Goals", 2012 AIA Kentucky and AIA Indiana Regional Convention, Lexington, KY, November 2012
Co-Presenter, "Green Building & Sustainable Development: The Convergence of Construction & Environmental Law", Indiana State Bar Association Annual Meeting, Indianapolis, October 2012
Author, "Implications of the International Green Construction Code", American Bar Association (ABA), Litigation Section, Construction Litigation Committee e-Newsletter, September 2012
Moderator, "Indianapolis Airport's LEED Certification Process", Construction Management Association of America (CMAA), Indianapolis Chapter, June 2012
Presenter, "What Contractors Need to Know About the International Green Construction Code (IgCC)", Associated Builders and Contractors (ABC) EdCon & Expo, San Antonio, Texas, 2012
Author, "Raising the Bar: IgCC Provides Model Code for Green Construction", Construction Executive Magazine, June 2012

Author, “A User’s Guide to AIA’s New Guide for Sustainable Projects”, “The AIA Guide for Sustainable Projects: What Architects Should Know”, and “The AIA Guide for Sustainable Projects: What Contractors Should Know”, Drewry Simmons Vornehm, LLP Construction Law Blog, 2011
Presenter/Panelist, “It’s Not Easy Being Green”, Construction Advancement Foundation (CAF), 2011
Moderator, "The Role of Collaboration in Green Building and Sustainable Projects", Design Build Institute of America (DBIA) Central Indiana Chapter, 2011
Author, "Where Have All the Green Building Lawsuits Gone?", Hoosier Contractor, 2011
Author, "Mandatory Green Building Codes: The Next Step in the Evolution of Green Building", Hoosier Contractor, 2010
Co-Presenter, “A Legal Perspective on Green Building”, National Association of Women in Construction (NAWIC) Indianapolis Chapter, 2010
Co-Presenter, "A Legal Perspective on Green Building: Contracts, Liability, and Legislation", ICA/AIA Joint Cooperative Committee Meeting, 2010
Panelist, "Calming the Fears of Designing, Bidding, and Building Green," Associated Builders and Contractors (ABC) of Indiana, 2010
Co-Presenter, "Preventing a Green Project from Making You Black and Blue: Understanding Contractual and Legal Risks of Green Building," Indiana Building Green Symposium, 2010
Author, “Overview of the Consensus DOCS Green Building Addendum,” ABC of Indiana Green Building Newsletter, December 2009
Author, “AIA and DBIA Contracts Offer Different Approaches to Green Project Goals,” The Critical Path (newsletter published by DRI Construction Law Committee), December 2009
Author, “Standard Form Contracts Take Different Approaches to Sustainable and Green Project Goals,” Design-Build Institute of America, Great Lakes Region (DBIA-GLR) Newsletter, 2009
Author & Lecturer, "2009 Legislative Updates for Green Building in Indiana," Associated Builders and Contractors (ABC) of Indiana, Safety & Education Summit, 2009
Author & Lecturer, "Understanding the Legal Risks of Green Building and LEED Projects," Associated Builders and Contractors (ABC) of Indiana, Craft Olympics, 2009
Author & Lecturer, "Legal Aspects of Green Building and LEED Projects," Associated Builders and Contractors (ABC) of Indiana, 2008
Author & Lecturer, "Green or Sustainable Construction in Indiana," Lorman Education Services, 2008
Panelist, "Perspectives on LEED," Associated Builders and Contractors (ABC) of Indiana’s Safety & Education Summit, 2008
Co-Author, "Green building creates new, unique legal risks," Indiana Lawyer, Vol. 19, No. 1, March 19-April 1, 2008

     

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Stephan F. (Hobie) Andrews
sandrews@vanblk.com
Vandeventer Black LLP
Eighth & Main Building
707 East Main Street, Suite 1700
P.O. Box 1558
Richmond, VA 23218-1558
P: (804) 237-8803
F: (804) 237-8801

Hobie is a partner with Vandeventer Black and concentrates his practice in the fields of Construction Law, Professional Liability, Regulatory Services and Intellectual Property.  He represents accountants, architects, engineers, project owners, contractors, and liability carriers in a variety of construction, professional liability, insurance coverage, employment and contract disputes, as well as in other matters.  Hobie’s practice is national in scope and includes mediation, arbitration and litigation in state and federal courts.

He obtained a B.S. in Civil Engineering from Virginia Military Institute, where he received the American Society of Testing and Materials Award for Academic Achievement, and a J.D. from the University of Richmond T.C. Williams School of Law.

Hobie practiced engineering for four years after earning his Civil Engineering degree. He is Chairman emeritus of the Board of Trustees for the Virginia Center for Architecture Foundation and was awarded an honorary membership in the Virginia Society of the American Institute of Architects. Hobie has been recognized as one of Virginia’s “Legal Elite” among construction lawyers and among litigators by VIRGINIA BUSINESS magazine. He is listed in THE BEST LAWYERS IN AMERICA in the field of Construction Law and has been recognized as a “Virginia Super Lawyer” by LAW & POLITICS magazine. Hobie serves on the Board of Governors of the Virginia State Bar Construction Law Section and is a frequent lecturer on liability issues unique to architects, engineers, contractors and accountants. He is AV® rated by Martindale Hubbell Law Directory, which is the highest quality and ethics rating possible for attorneys.

Hobie’s notable engagements include judgments for the defense in a $60 million claim against an accounting firm alleging fraud, conspiracy and interference with business expectancy; a wrongful death action against an engineer arising from construction administration duties; an action against an architect for tortious interference with a construction contract; an action against an engineer on an indoor air quality/sick building syndrome claim; a failure to warn action against a manufacturer based on the Medical Device Amendments and federal preemption; serving as counsel for the design team on Washington, DC’s largest public construction project.

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Douglas L. Pintauro
dpintauro@lbcclaw.com
L’Abbate Balkan Colavita & Contini LLP
1001 Franklin Avenue
Garden City, NY  11530
P:  (516) 294-8844
F:  (516) 294-8202
www.lbcclaw.com

Mr. Pintauro is a Partner and the chair of the Design Professional Practice Group at.L’Abbate Balkan Colavita & Contini LLP.
Mr. Pintauro has been representing design professionals exclusively for more than 30 years and has had extensive experience in architect’s and engineer’s professional liability, as well as municipal law.
His broad-based experience in these areas range from negotiating contracts, litigating complex multi-party construction claims, including personal injury actions and delay claims, as well as arbitrating and mediating construction related disputes.

Mr. Pintauro is a frequent author and lecturer on variety of issues relating to architects and engineers professional and contractual liability, including:
• Green Design: What Architects Need to Know to Survive and Profit
• How to Survive a Malpractice Claim: What Architects and Engineers Should Know