Hon. Robert J. Polis, Ret.

Construction Breach Of Contract

• Mediated a public works contract dispute between the owner, general contractor, and four specialty electrical subcontractors and vendors about the scope of work, change orders, delay charges, unpaid invoices, and "pay-when-paid" issues.
• Mediated a multi-million dollar house renovation construction contract dispute.

Construction Defects

• Mediated a construction defect and failure to pay on a multi-million dollar custom home construction. The developer sued the contractor for CD, delays, and damage, with Cross Complaint for unpaid costs.
• Mediated a dispute between General Contractor and HVAC Sub contractor on 8 Change Orders, Back Charges, attorney fees, and costs with swing adding up to mid six figures. Impasse at mediation led to both parties ready to walk.

Discrimination

• Mediated a dispute involving the defendant's MSJ on workplace allegations of harassment and discrimination on the basis of national origin.

Family Law Palimony

• Arbitrated a family law-Marvin vs. Marvin matter with an 18-year relationship, over residence, income, cars, property, including Partition, Fraudulent transfer, etc.

Coverage

• Arbitrated a matter involving 2860 Cumis Fees.

Property Damage

• Mediated a factually completed case between new owner buyer versus seller, continuous property owner and Home Owner Association about quiet title to land encroached by new buyer and alleged failure to reveal by seller to the new owner (TDS form violation).

Breach Of Contract

• Mediated a home buyer action against seller (flipper of distressed home) over failures to disclose lack of permits, faulty electrical installation and other defects in renovations raising issues of TDS violations and fraud regarding the roof, leaks, septic, drywall, windows, tile, electrical, and other code violations.
• Mediated a landlord-tenant dispute over unpaid rent, CAM, interest, penalties, and defaults from breaches of the lease.

Buy/Sell

• Mediated a matter involving a buyer of "short-sale" property action against a dual real estate agent and wholly owned escrow company who allegedly misrepresented the price to be paid to the underlying lender and against the Title company for complicity, with cross action against the real estate agent by the Title company.
• Mediated a case involving the sale of two properties, a dispute between the First finance lender and subsequent lenders due to fraud by first buyers fraudulently recording reconveyances of record, leading to the dispute of priorities of first, second, and third lenders, including Uniform Fraudulent Transfer Act claims by first lender and priority claims between the remainder of lenders.

Home Owners Association

• Mediated a dispute between two adjacent homeowners in dispute with the lower unit, claiming that the upper unit was making too much noise and the wood flooring did not meet code standards by transmitting excessive noise to the downstairs unit. The plaintiff demanded that the upper stairs unit owner replace the wood floor to meet code compliance and demanded that the HOA Board enforce the CC&R requirements regarding code compliance in floors/ceilings.
• Mediated a soils matter with subsidence but against the Home Owners Association since it is in common area where subsidence is occurring; case has overtones of construction defect and Geo-Technical matters.
• Mediated a dispute where a homeowner sued HOA for negligence that caused house and pad to slip by way of slope creep due to over-watering. HOA sued Landscaper. Three-way negotiation settled by way of a mediator's proposal after an early impasse.
• Mediated a dispute with HOA association issues with members over the validity of assessments, resulting in the granting of mandatory injunction against home over and denying home over allegations of breach of fiduciary duties, fraud, and other issues.
• Mediated a dispute between two members of BOD of HOA seeking mediation for a dispute over prior voting on special assessment of a low 5-figure loan as well as a much larger 7-figure loan, which were rescinded by a new recall BOD after assessment passed, but the loan did not pass majority vote of members.
• Mediated a homeowner association versus homeowner and tenant for CC&R placing lights and cameras without permission.

Landlord/Tenant

• Mediated a case involving landlord-tenant rental issues with tenant claims of lack of habitability due to mold and construction problems.

Real Property

• Mediated a complicated real property multiple mortgage foreclosure action with a complex trust securitization agreement with JPMorgan Investments and trust issues, including a fraudulent developer and innocent buyers.

Transaction

• Mediated a Title Insurance Company dispute with the insured over coverage for a long-term real property lease of 99 years (with 99-year option) with many moving parts and complex policy and lease provision interpretation--an all-or-nothing case with little room for compromise dealing with the demand for full policy. Complex settlement discussions involving possible Mary-Carter type arrangement with two additional lawsuits in the offing. All pre filing.

Personal Injury

• Mediated a dispute involving a plaintiff, in their mid-seventies, who fell stepping from the exit onto air stairs due to a deep gap of 14" and broke both ankles on their flight. Issues involved the Montreal and Warsaw Conventions regulating "aircraft" accidents (or occurrences) including disembarkations.

Toxic Torts

• Mediated a dispute involving toxic chemical inhalation injuries to a mother and daughter living in a faculty college facility from an overheated Inverter, which burned up 24 batteries in a closed room, emitting chemical effluents.