Robert Pearman, Robinson & Pearman: Attorney & Arbitrator

ROBERT C. PEARMAN

CURRENT ARBITRATION POSITIONS:

American Arbitration Association, Roster of Neutrals - Commercial and Construction Law, Government Contracts, Health Care panels. Arbitrator in numerous commercial and construction disputes since 2005. (http://www.adr.org)

Certified Member of the State of California Public Works Contract Arbitration Panel. A member of the statewide panel for arbitrations for state public works contract disputes, and certain local agency public works disputes, under the State Contract Act and related regulations.

Member of Caltrans Dispute Resolution Board (DRB). Caltrans utilizes DRB members on panels to facilitate dispute resolution on significant projects and as Dispute Resolution Advisors.

Member, Colorado Disputes Review Board

FINRA Arbitrator Roster (Public)

DISPUTE RESOLUTION MATTERS:

Under the State of California Public Works Contract Arbitration Program, selected as sole arbitrator in a dispute between a Department of Transportation contractor and the Department regarding construction work on a freeway on ramp project.

Sole arbitrator under the Commercial Arbitration Rules of the American Arbitration Association interpreting a dispute under an LLC Operating Agreement for an automotive brokering and leasing business with annual gross revenue of $11,000,000. Allegations included liability based upon the failure to account, mismanagement, breach of fiduciary duty, breach of contract and fraud. Heard discovery motions and summary judgment motions. Conducted a two-day evidentiary hearing before issuing award.

Sole arbitrator under the Commerical Arbitration Rules (AAA); Tenant claimed tenant improvement Contractor breach contract to perform the Work. Claim was for overpayments, delay damages, and to repair incomplete and defective work and materials. Case settled prior to final hearing.

Acted as AAA arbitrator in disputes between a home building company and a real estate purchaser regarding real estate purchase agreement issues, liquidated damages, and termination procedures and rights.

Acted as arbitrator under the AAA commercial arbitration rules; issues involved contractual warranty provisions, personal property inspections, and resultant damages.

Acted as arbitrator in a case that ultimately was settled involving claim, and counterclaim for between $1,000,000 and $5,000,000 with respect to design, landscaping and administrative services for a large housing development (276 units residential apartment project), issues of cost of completion, delay damages and diminution in value were involved.

Arbitrator in an AAA matter involving a quasi-class action with numerous purchasers of services and products in housing developments, against contractor and builder representative. Claims were, among other things, of violations of Unfair Competition Law, and alleged unlicensed contractor issues.

AAA administered appointment - matter involved state health professionals licensing agency and long-term health facility's compliance with state regulatory scheme and enforcement penalties thereof.

Arbitrator in multi-million dollar claim and counterclaim disputes re: pharmacy participation in provider network, provider agreements, prescription reimbursement from benefits manager, audit consequences.

Arbitrating a dispute under the AAA commercial arbitration rules involving alleged failure to account, breach of fiduciary duty, breach of contract and usurpation of business opportunity re a limited liability company and a competing enterprise; six figure damages are sought.

Sole arbitrator, appointed by the American Arbitration Association (AAA), in a dispute between an owner and contractor regarding breach of construction contract and non-payment re petroleum project facilities.

Sole arbitrator (AAA), in a dispute between a developer and engineering/surveying contractor (and its E&O carrier) involving claims of payment for services, and counterclaims for professional negligence, surveying and utility line mapping errors. - Legal issues include contractual interpretation of proper locale and venue for the hearings, relevance of separately litigated claims between the parties as an item of offset by respondent, impact of insurance carrier (E&O) presence in the case, compliance with CCP Section 411.35 certificate requirements re professional negligence claim. - Contracts at issue related to over half a dozen tract residential developments. - Specific items of work at issue included curbs and gutters, various driveways and drive approaches, block walls, location of utility facilities. The defective engineering and surveying work allegedly resulted in the need for relocation of improvements including utility facilities. - Each side’s damages claims were in the hundreds of thousands of dollars.

Sole arbitrator (AAA), in a dispute between a grading/excavation subcontractor and a general contractor involving payment issues, grading, footings and soil removal issues, and interpretation of geologic soils reports. Specific items of work at issue included layout of buildings, footings, grading, trenching, boulder and tree relocation, appropriate costs to complete allegedly defective or incomplete work. Legal issues included set off, quantum meruit, contractual notice requirements, impact of proof of contractor's license by corrective work contractor on back charges claim, and Civil Code damages statutes.

Sole arbitrator (AAA) on a construction contract payment dispute on a Department of Defense project. Subcontractor claim with respect to repair and replacement work on a deteriorated water manifold, including temporary by-pass line.

Sole arbitrator (AAA) on a construction arbitration involving claimant’s allegations of breaches of the plumbing services contract. Respondent alleged fraudulent inducement to contract, misrepresentations, and violation of Contractors State License Board requirements.

Sole arbitrator (AAA) on a commercial arbitration involving residential restoration and repair resulting from emergency water rupture. Dispute arose as to items of work including painting, marble floor installation, cabinetry, carpentry, tile work, window coverings and appliances.

I represented a construction lender in a multiparty, multimillion dollar lawsuit triggered by an owner’s action against its general contractor and architects, over a construction project – a large recreational center with adjacent offices. At one point, the lawsuit involved over 30 parties, including the various sub-contractors. Architectural defects, roofing defects, improper grading, susceptibility to water damage and general poor workmanship were alleged. Pursuant to the relevant contracts the issue was arbitrated under AAA Construction Rules. Nearing the conclusion of the over 3 weeks of arbitration hearings, a lengthy mediation took place which ultimately resulted in settlement. Legal issues particularly germane to my client included stop notices, construction loan documents, loan guarantee, and good faith settlement findings.

Successful claimant's attorney before a three-person AAA Commercial panel involving a breach of a joint defense agreement and underlying dispute regarding a license of patented food products. Obtained an award of over $1 million.

I have acted as counsel to parties under contractual mediation/arbitration provisions of a Residential Purchase Agreement & Joint Escrow Instructions.

Counsel for parties involved in arbitrating public works disputes regarding the compliance with certain technical traffic engineering equipment and software and its compliance with plans and specifications, and in mediating construction management and inspection services in public works.

OTHER ADJUDICATORY EXPERIENCES

A former Member of the Kaiser Permanente Member Arbitration Panel.

Appointed by Speaker of the California Assembly to the California Architects Board (2016-2018). Appointed by the California Senate to the California Architects Board (2018-). The Board is a regulatory body charged with protecting public health and safety through licensing and oversight of the profession. In his role, Mr. Pearman makes important decisions on agency policies and on disciplinary actions against professionals who violate state consumer protection laws, and approves regulations and helps guide licensing, enforcement, public education and consumer protection activities.

Current Member of the Assessment Appeals Board, San Diego County - adjudicating appeals of disputed county property tax assessments, including value allocation, new construction and exemption issues.

As a former member of the Assessment Appeals Board I adjudicated over 100 matters dealing with a variety of commercial, industrial, and residential properties. As a member I sat on three-person panels, often as the chair. Some appeals were multiple day presentations. Written findings and rationale were usually required. Taxpayers presented cases with accounting, finance and legal personnel, and the county assessor and county counsel represented the taxing agency.

Appointed by San Diego County Board of Supervisors as a County Hearing Officer (2018 - ). Hearing officers adjudicate various administrative actions involving real property owners (e.g., nuisance abatement) and businesses (e.g., licensing decisions).

A City of San Diego Parking Citation Administrative Appeals Hearing Officer (2018 - ). In that role, preside over parking citation appeal hearings pursuant to California Vehicle Code and City Municipal Code. Hearing Officers are responsible for conducting administrative hearings in-person and by written declaration

I was a Member of the State of California Inspection and Maintenance Review Committee, which advises the Air Resources Board, the Bureau of Automotive Maintenance, and the Legislature on the vehicular smog check program in California. The role involves balancing the interests of a wide range of stakeholders: specialty and classic car collectors, vehicle owners and especially low income owners, test and repair service stations, test only smog check stations, environmental and public health groups, the federal EPA, and state regulatory agencies. The Committee meets monthly.

City of Oceanside Transportation Commission. Former member of the Oceanside Transportation Commission, and Vice Chairman. The purpose of the Commission was to consider and make recommendations to the City Council on policies pertaining to traffic safety, transportation facility planning and funding, and municipal airport operation. As such, involved in hearing competing views on issues related to neighborhood issues such as traffic calming devices, red light cameras, and issues involving transportation engineering and sciences. Our decisions, "appealable" to the City Council, are often about competing interests such as those between developers and neighborhood groups, between and among differing neighborhood groups and homeowner associations, and between differing governmental bodies such as the school district, bus transit agency and City.

CONTINUING EDUCATION AND TRAINING

2018 AAA Healthcare Dispute Resolution Innovation and Strategy Conference

Arbitrator Performance and Demeanor - Meeting Participant Expectations, 2018

AAA Conducting Research & Investigations: The Arbitrator's Authority, 2017

Caltrans Dispute Resolution Advisor and Dispute Resolution Board Training

AAA Arbitrator Subpoenas: Are They Worth the Paper They're Printed On?, 2015 and 2016

American Arbitration Association Arbitrator II Training - Advanced Case Management Issues Workshop.

American Arbitration Association Arbitrator I Training - Fundamentals of the Arbitration Process.

Hong Kong International Arbitration Centre/Hong Kong Trade Development Council - "Arbitrating Chinese/Foreign Business Disputes - The Hong Kong Option"

American Arbitration Association - Dealing with Delay Tactics in Arbitration

American Arbitration Association - Arbitration Awards: Safeguarding, Deciding & Writing Awards

Alternative Dispute Resolution Training West LegalEd Center, California Fee Arbitrator Training

California Dispute Resolution Council, Threats to your ADR Practice

State Bar of California, Disputes Among Participants and Lead Lenders: Avoiding Them When Possible, Prevailing on Them When Necessary, Huntington Beach

State Bar of California, Ethics Rules for Mediation (July 2012)

JAMS, California's Judicial Reference Statutes (November 2012)

American Arbitration Association, Maximizing Efficiency and Economy in Arbitration: Challenges at the Preliminary Hearing (November 2012)

Tri-City Healthcare District, Public Service Ethics Education (December 2012)

Thompson-Reuters, Ethics 101: Arbitrators, Mediators & Attorneys (December 2014)

Dozens of continuing legal education courses in real estate, public law, litigation, and construction.

Certificate from a 2-semester general construction training course. Areas of instruction included foundation design and construction; framing wood structures; roofing materials and installation; plumbing installation; electrical wiring; drywall installation and repair; understanding of architects’ plans and specifications.