Brenda K. Radmacher

Partner

  • Office Contact Info
  • Biography

    Brenda Radmacher is a noted expert in construction law and is called on as a counselor, litigator, and noted speaker on issues involving land owners, general contractors, developers, and builders. She has a multi-faceted practice handling litigation and providing advice and counsel/transactional support to her construction-industry clients.  Ms. Radmacher has  significant experience advising clients on risk management best practices, drafting critical documents and procedures, and effectively resolving disputes. 

    In her role as counselor and dispute resolution expert, Ms. Radmacher often serves her construction industry clients providing the big picture while also ensuring the nuances of complex construction claims are considered. As a result of her nearly 25 years of working with construction contractors, construction managers, design professionals, and owners she brings a robust understanding and viewpoint on matters to help her clients reach their desired goals with efficiency.

    Ms. Radmacher's practice emphasizes resolving complex construction disputes through negotiation, mediation, and, when necessary, arbitration and litigation, on projects in California, nationwide, and internationally. Construction companies and design professionals call on Ms. Radmacher's legal and negotiation expertise for issues including course of construction disputes, claims of construction defects, lien claims, and insurance issues. Many of the nation’s largest contractors, developers, and homebuilders have found her to be their go-to trusted legal counsel. The more complex the dispute, the more clients turn to Ms. Radmacher to assist with resolution. She has substantial experience in building envelope, water infiltration, and mold-related claims, having counseled clients with respect to hundreds of such matters.

    Ms. Radmacher also provides her clients with assistance on employment-related concerns and issues and particularly those issues impacting companies with employees on different job sites. With the recent legalization of cannabis, she has helped clients understand how to ensure they are in compliance with the changing tide of regulations and laws. Ms. Radmacher works with her construction clients to provide advice regarding issues raised by cannabis and construction jobsites as well as with regard to the construction and renovation of facilities being used in the growth and distribution of cannabis products. She has been a speaker on the impact of the legalization of cannabis on the real estate and construction industries. Clients also seek Ms. Radmacher's assistance on other regulatory issues including ADA, Title VII, FDCPA, as well as state and local laws, including California’s Proposition 65. Ms. Radmacher is one of the handful of defense attorneys in California with Proposition 65 knowledge and experience and regularly advises multi-national and Fortune 500 clients on compliance and related litigation. 

    In her over two decades of practice, Ms. Radmacher has secured multiple victories for her clients early in the litigation through aggressive law and motion practice, effective negotiation, and early dispute resolution techniques. She is a past member of the California Bar Association Committee on ADR, and taught negotiation and mediation for over a decade and is a frequent speaker on negotiation and dispute resolution. Due to her experience as a private and court-appointed mediator, Ms. Radmacher is an excellent negotiator and is sought out to resolve the most difficult and complex matters.

    Admissions

    California
    Arizona

    Memberships

    • Associated General Contractors of California, Los Angeles District
    • Women Construction Owners & Executives 
    • USC Alumni Real Estate Network
    • Claims & Litigation Management Alliance
    • West Coast Lumber & Building Material Association
    • Building Industry Association
    • National Association of Homebuilders

    Leadership/Community Involvement

    • USC Marshall School of Business, With Your Shield, A McMorrow Veterans Initiative, Lecturer (2018-present)
    • Associated General Contractors of California, Los Angeles District, Board of Directors (2018-2020)
    • USC Alumni Real Estate Network, Board of Directors (2016-2019); Board Chair, (2017-2018)
    • Women Construction Owners & Executives - California Chapter, Vice President, (2013-2015), President (2015-2018), Board Member (2018-present) 
    • CLM Claims College School of Mediation, Board and Faculty Member (2017-2018)
    • CLM Annual Conference Education Committee, Board Member (2017-2019)
    • CLM Claims Handling Resource Guide, Advisory Board Member (2013-2015)
    • CLM Product Liability Committee, Co-Chair (2013 -2016)
    • West Coast Lumber & Building Material Association, Board Member, 2016-2018
  • Practice Areas
  • Representative Experience

    Construction/Green Technology, Solar & Renewable Energy/Professional Liability

    • Successful representation of general contractor in a delay claim, change order dispute arising from the design and construction of 
    • Defense and resolution of construction defect claims arising out of residential construction at multi-family and single-family homes.
    • Effectively resolved claims against builder client related to the construction of a multi-family and mixed use project involving issues with the exterior cladding of the structure including interruption of business and related damages; successful engagement of the owner and insurance to reach a resolution without litigation. 
    • Defense of claims against an architect on a dispute between the owners of two exclusive properties on the California coast related to the design and development of one of the structures, involving complex issues of design, permitting, Coastal Commission approvals, construction defects, and delay claims.
    • Defense of construction manager in dispute arising from the development and construction of a southern California hotel which involved California Coastal Commission and city permitting issues as well as complex breach of contract claims, which Ms. Radmacher resolved through law and motion practice.
    • Advise and provide counsel to national solar energy developer and EPC regarding procurement and construction of facilities; negotiate and resolve disptues arising from Power Purchase Agreements and related contracts. 
    • Defense of mass action/class action alleged against homebuilder client alleging issues with the window products and plumbing products through litigation and informal dispute resolution.
    • Resolved claims of design defects against engineer on a multi-family, senior housing project and reached a resolution without litigation extracting the client from the case early.
    • Defense and arbitration of claims against commercial general contractor on multiple matters including change order disputes involving an expansion and new construction project at a school, contract disputes and supply chain issues at a railway fueling facility involving predict issues, and payment disputes related to the construction of a power plant.
    • Extensive experience handling claims against property owners/managers and contractors involving liens, stop notices, payment disputes, delay and acceleration claims, and loss of productivity claims.
    • Consultation to healthcare facilities, REITS, healthcare providers, and hospitals to ensure compliance with California’s Hospital Seismic Safety Act and Seismic Compliance Program promulgated and enforced by the Office of Statewide Health Planning & Development (OSHPD).
    • Using innovative resolution processes, developed coordinated and comprehensive joint-defense strategies including resolving cases through joint defense agreements and collaboration.
    • Prepare risk management manuals and handbooks for contractors, design professionals, and builders.
    • Draft and review CC&Rs, SB 800 compliance documents, purchase and sale agreements, trade contracts, vendor agreements, and leases.
    • Train employees on safety, risk management, documentation, and claim handling strategies.

    Real Estate and Land Use

    • Represent developers and builders in processing land-use entitlements for large residential, commercial, and industrial developments throughout the state.
    • Handles foreclosure actions and related consultation, and working with receivers on partially completed projects.
    • Works with developers/owners to complete “fractured” projects, addressing all necessary entitlements, insurance, contract, DRE, and resale issues.

    Employment

    • Defense of ADA claims and compliance issues.
    • Defense of business defamation claims arising out of social media posts.
    • Counseling construction companies and design professionals on internal investigations regarding risk management during work force restructurings and various employee policies.

    Environmental/Coregulatory Compliance

    • Proposition 65 consultation and defense of violation allegations.
    • Government contracting and compliance including advice on WBE/MBE/DBE issues.
  • Publications & Presentations

    Publications & Presentations

    • Gordon & Rees Construction/COVID19 Task Force, articles (2020):
      • "California Governor Releases New Guidance in Response to COVID-19 Rise”
      • “Updated Guidance for Construction Projects in Los Angeles County”
      • “Essential Construction Projects In California: Can You Keep Working And How?”
      • “Six Northern California Counties Have Issued New Shelter-in-Place Orders Impacting Construction Industry”
      • “COVID-19 Construction Jobsite Considerations & Safety Suggestions”
      • “CISA Clarifies – Construction is Part of Critical Infrastructure Activities Practice”
      • “COVID-19: Where is Construction an ‘Essential Business’?”
      • “Force Majeure and COVID-19 in Construction Contracts - What You Need to Know”
      • “COVID-19 Resources for the Construction Industry”  
    • Construction Claims Magazine, "Contemplating Compliance: AB 3018 and the Skilled and Trained Workforce Requirements" (Spring 2020)
    • Association of Women in Architecture + Design, “Key Employment Issues for Construction & Architecture Firms.” (2019)
    • ABA Forum on Construction, 2019 Mid-Winter Conference “Pay It Forward: Social Programs, Preferences, and Incentives for the Construction Lawyer.”
    • Women Construction Owners & Executives, 2019 Annual Conference - “Construction Industry Forecast.”
    • National Association of Women in Construction (NAWIC), 2019 Women in Construction Week - “Groundbreaking Women – View from Within.”
    • CLM 2019 Annual Conference, “TIMBER! –Wood-Framed Construction Claims and How They Come Crashing Down.”
    • West Coast Casualty 2019 Construction Conference, “Are New Project Delivery Methods the Panacea for Construction Defect Claims?”
    • Gordon & Rees Construction Law Webinar Series 2019, “Pot & Your Employees: Construction Industry Employers’ Rights in an Age Where Pot is Legal.”
    • Structural Engineering Association of Southern California – 2019 WiSE Symposium, “Seize Your Opportunity: Empowered Women Empower Women.”
    • Los Angeles County Bar Association Real Estate Section 2019, “Elimination of Bias –Supporting Women Real Estate Lawyers in Leadership Roles.”
    • ZGF Architects/PCL Construction/KPFF Engineers 2019 Diversity Symposium, “The Power of Effective Negotiation.”
    • Association of Women in Architecture and Design, 2019 Perspectives on Progressive Employment Policies.
    • “Negotiation in the Construction Industry – Words of Wisdom from Women Leaders,” Gordon & Rees 2019 article.
    • CLM 2019 Construction Claims Magazine, “The Expanding Role of Design Professionals in Construction Claims.”
    • Gordon Rees Scully Mansukhani 2019 Los Angeles Legal Conference, “Getting out of the Weeds: Legalization of Marijuana & the Opioid Crisis.”
    • Balfour Beatty U.S. 2019 Women’s Initiative, “Harness Your Personal Power and Negotiate Effectively.”
    • The Times They Are A-Changin’: The Intersection of Law & Politics, Gordon & Rees Legal Education Conference, Los Angeles (June 2018)
    • 2018 ABA Forum on Construction, Webinar – “Drones in Construction.”
    • CLM 2018 Annual Conference, “Out of The Frying Pan, Into The Fire: When Reconstruction Goes Wrong Following a Property Loss Claim and How to Prevent The Future Perils Through Mediation and Claim Resolution.”
    • 2018 Women in Green/USGBC, “U.S. Green Building Council - LA's Women in Green Breakfast”
    • Marsh Women's Exchange 2018, “Advanced Negotiation Training.”
    • Plan Grid 2018 Construction Cloud Conference, “Navigating the New Wave of Construction Technology: How to Overcome Implementation Barriers." 
    • Construction Defect Journal, December 2018, “SB 721 - California Multi-Family Buildings New Require Inspections of ‘EEEs.”  
    • CLM 2018 Construction Conference, “Design Professional Liability & Coverage Issues – The Expanding Role of Design Professionals in Construction Claims.”
    • 2018 ABA Forum on Construction, Webinar, “Legalization of Marijuana and impact on General Contractors.”
    • 2017 Construction Super Conference, “Risk Management in a 24 Hour Society.”
    • 2017 West Coast Casualty Construction Conference, “How Women are Changing the Field of Construction.”
    • 2017 Groundbreaking Women in Construction, “She Negotiates: Effective Negotiation Techniques & Skills.”
    • 2017 Women Construction Owners & Executives Leadership Conference, “Leveraging Your Worth.”
    • 2016 CLM Annual Conference, “Handling OCIP Claims – How to Best Wrap Up Construction Claims.”
    • 2015 Combined Claims Conference, Closing Session Speaker, “How to Be a Master at Negotiation.”
    • 2015 CLM Webinar, “Key Actions for the First 90 Days of a Product Liability Claim.”
    • 2015 CLM Construction Conference, “How to Challenge Experts in Construction Defect Cases.”
    • Adjunct professor, University of Southern California Law School, ADR Topics: Negotiation & Mediation course (2002-2012)
       
  • Education

    Education

    J.D., University of Southern California, 1996

    M.A., University of Southern California, 1996

    B.A., Baylor University, 1993

    Honors

    The Best Lawyers in America© distinction in Construction Law (2021)

    Named to Top 50 Most Influential Women Lawyers List by Los Angeles Business Journal, 2017

    Outside Counsel Professional of the Year, Claims & Litigation Management Alliance, 2016

    Martindale-Hubbell, AV Preeminent, Register of Preeminent Women Lawyers

    Martindale-Hubbell, Judicial AV Preeminent Rating

    Martindale-Hubbell, AV Preeminent Rating®

    Pasadena’s Top Attorney, 2013-17

    Southern California Rising Star, every year from 2005 - 2011

    Founder: BUILD Relationships, 2013-2018

    Founding Member, Southern California Women’s Construction Alliance, 2013