- Email: Robert.Bernstein@lewisbrisbois.com
- Phone: 619.699.4916
- Fax: 619.233.8627
Robert Bernstein is a partner who divides his time between the San Diego and Temecula offices of Lewis Brisbois. He is a member of the Real Estate, Land Use & Environment and Construction Practices. Mr. Bernstein’s practice in land use matters includes a specialty in water-related issues, standards and regulations. His litigation practice focuses on the defense of clients in all manner of litigation matters, with an emphasis on construction-related litigation and construction defect claims. In 29 years of practicing law in California, Mr. Bernstein has represented the developers of large residential and commercial projects in both planning/regulatory matters and in the defense of lawsuits and other claims. Mr. Bernstein has also defended design professionals, general contractors and subcontractors of various trades, including grading, concrete, framing, plumbing, windows, sheet metal, roofing and landscaping, as well as manufacturers and suppliers of building components, including windows, plumbing, sheet metal and landscaping. Mr. Bernstein also has experience in the areas of common interest developments and homeowners associations, including claims against associations, disputes among owners and associations and organizational documents created under the Davis-Sterling Common Interest Development Act.
Mr. Bernstein’s practice includes land use and entitlement matters, including litigation arising out the California Environmental Quality Act (CEQA), the preparation of complex agreements between and among real estate developers, consultants and governmental entities, and the representation of developers before state and local agencies and governments. He has also defended clients in claims arising out of personal injuries related to construction sites, premises accidents and automobile collisions.
He has resolved more than 250 claims and lawsuits over the past 20 years. He is involved in insurance issues relating to the construction industry, including working with clients to handle their self-insured retentions (SIRs), providing education and counseling on SIRs and deductible payments, and advising clients regarding claims associated with Wrap-Up and OCIP (Owner Controlled Insurance Policy) programs. His work on real property matters includes purchase/sale disputes and claims against real estate professionals. He is also experienced in the preparation and review of construction contracts and in litigation related to contract disputes and construction collections.
Mr. Bernstein has spoken before risk managers and insurance adjusters regarding recent decisions and developments in California construction agreements, litigation and insurance matters and he regularly attends construction-related conferences and continuing legal education seminars. He is co-editor and frequent contributor to the firm’s quarterly Construction Group Newsletter.
At the start of his career, Mr. Bernstein worked as a research attorney with the San Diego Superior Court, assisting judges with the review and preparation of decisions on a wide variety of civil cases. That work provided experience and insight into how courts review disputes and arrive at solutions to litigated issues and claims.
- June 18, 2018 California Supreme Court Holds That Contractors May Not Unreasonably Withhold Retention Payments
- December 05, 2017 California Court of Appeal Affirms That Unlicensed Contractor May Not Pursue Litigation
- December 05, 2017 California Court of Appeal Finds Use of Term “Ongoing Operations” Ambiguous in Additional Insured Endorsement Favoring Developer
- June 22, 2017 Is The Immediate Duty To Defend Gone? California Court of Appeal Holds That Attorney Invoices in Ongoing Litigation Are Privileged, Although Privilege Can “Expire” Upon Conclusion of the Case
- Co-Editor, LBBS Construction Group Quarterly Newsletter (2016 – Present)
- Editor, San Diego Defense Lawyers “Update” (1997 – 1999)
- “California’s Unfair Trade Practices Law – An Effective Tool or Potential Problem for You and Your Business,” California Asphalt Magazine, April 2000
- Counsel of Record, Alcala Company v. Superior Court (Uptown District) (1996) 49 Cal.App.4th 1308 (prevailed in writ petition regarding sliding scale settlement)
U.S. District Court for the Southern District of California
U.S. District Court for the Central District of California
- State Bar of California, admitted 1989
- San Diego County Bar Association
- San Diego Defense Lawyers Association
University of San Diego
Juris Doctor, 1988
University of California at Los Angeles
Bachelor of Arts, 1985