Kenneth C. Gibbs, Esq. is one of the leading construction neutrals in the United States with an expertise in mediating and performing neutral evaluations of construction, real estate, insurance, surety, and business disputes involving major commercial, industrial and infrastructure projects. He is well known for his ability to establish great rapport with clients and for his persistence in achieving resolution of large and complex disputes . He gives his undivided attention to resolving each case, a requisite to resolving particularly complex, multiple party disputes.
ADR Experience and Qualifications
- Successfully mediated more than 2500 cases nationwide and arbitrated over 200 disputes involving:
- Construction: breach of contract, defect, cost overrun, delay, disruption, and acceleration cases
- Insurance: coverage and subrogation
- Surety issues
- Business issues
- Arbitrated numerous public agency disputes as a member of a special panel established by the State of California Office of Administrative Hearings
- Recognized by the legal publication, Chambers USA, as a “”construction law guru”” and “”a leading figure in the field of mediation,”” he understands the financial, political, and other pressures facing the parties, and quickly assesses the strengths, weaknesses, and nuances of a case
- His comprehensive knowledge of the construction process puts him in a unique position when conducting mediations and arbitrations. His aptitude to truly empathize and understand the positions and attitudes of all parties comes from his more than 25 years of practice devoted exclusively to the representation of virtually every type of entity involved in construction including public and private owners/developers, general contractors, subcontractors, material suppliers, and design professionals in all aspects of construction law, including procurement, contract negotiations, litigation, mechanic’s liens, and claim preparation and defense
- Mr. Gibbs literally “wrote the book” on construction law being the co-author of California Construction Law, one of the most cited treatises on the subject; he also formerly was an Adjunct Professor of Construction Law at Loyola Law School
Representative Matters
- Mediated more than 2500 construction disputes including delay, disruption, acceleration, defect and breach of contract matters. These cases range from two-party disputes to matters involving 40 or more parties
- Mediated numerous insurance coverage and subrogation cases
- Mediated many business contract disputes
- Mediated cases in 26 states
- Arbitrated more than 250 construction, insurance, surety, and business matters including numerous construction defect, delay, disruption, and breach of contract matters
- Arbitrated more than 100 public agency disputes
Honors, Memberships, and Professional Activities
- Fellow, The American College of Construction Lawyers
- Member, State Bar of California, Real Property Section, Construction Law Subsection
- Member, State Board of Directors, Associated General Contractors of California, 1989-1991
- Member, American Bar Association, Public Contract Law Section
- Member, American Bar Association, Forum Committee on the Construction Industry
- Member, Los Angeles County Bar Association, Real Property Section and Construction Law Subsection
- Arbitrator, State of California Public Works Arbitration Panel
- Former member, Large and Complex Case Panel, American Arbitration Association
- Author of numerous construction law publications, including co-author of Construction Change Order Claims, 2nd Ed., Aspen Law and Business, 2005; co-author of California Construction Law, 18th Ed., Wolters Kluwer, 2018;
- Former Adjunct Professor of Law, Loyola Law School, 2000-2008
- Speaks nationally on various construction law topics at leading seminars and conferences including Principal Speaker at:
- West Coast Casualty Construction Defect Seminar, 2004-2006
- Construction Super Conference, 1991, 1996, 1997, 2000, 2001, 2002, 2003, 2005, 2006 and 2017
- Law Seminars, California Continuing Education of the Bar, 1988-2001