Robert Pearman's construction law practice developed in part through public works projects. He served as counsel for the Los Angeles Metro projects—both light rail and subway systems—where he advised on everything from tunneling and bridge work to environmental remediation, ADA compliance, and joint development of transit properties. These were complex, multi-year infrastructure projects involving office building construction, groundwater basin issues, grade crossings, technological advancements, and coordination with the Public Utilities Commission.
We asked him how his expertise informs his approach on the American Arbitration Association® Construction Panel.
Q. What types of construction disputes do you typically handle as an arbitrator or mediator?
I've handled a broad spectrum—from residential construction defects and home construction/architect disputes to major infrastructure projects.
My cases have included: design professional liability, contract disputes, construction defects, public works, payment and performance bonds, and professional negligence.
I've also handled numerous procedural complexities—bifurcation, e-discovery disputes, joinder of parties, summary judgment motions, and determining arbitrability under various arbitration clauses.
Beyond construction, my FINRA arbitration work involves securities disputes, and I've handled commercial and consumer arbitrations across various sectors. This diversity helps me approach construction cases with fresh perspectives.
Q. What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA's Construction Panel?
My interest in ADR grew organically from my practice and my service on quasi-judicial bodies. From being a member of a State of California board that oversaw its Automobile Smog Check Program, to having served on Assessment Appeals Boards—adjudicating hundreds of property tax valuation disputes—I understand how technical evidence translates into legal conclusions. Arbitration became a natural outlet to combine my dispute resolution concepts with my construction law background.
I also appreciate the efficiency of arbitration. Unlike litigation, arbitration allows parties to get a faster resolution with a neutral who understands their industry and construction projects. And I believe part of an attorney’s role is to provide public service, so providing my expertise to small businesses and pro se consumers to ensure they understand the dispute resolution system and are fairly treated, helps to shape my arbitration practice and approach.
Q. How does your unique combination of legal practice and public board service inform your approach?
It provides invaluable perspective. When I am arbitrating a dispute involving design services, my work on the California Architects Board helps me understand applicable professional standards, regulatory requirements, and ethical obligations. When I hear a construction defect case, my experience adjudicating code violations and nuisance abatement cases informs how I assess evidence of substandard work.
My public board experience also taught me the importance of impartiality and thorough deliberation. Whether on the South Coast AQMD Hearing Board or serving as a State Bar Special Master, every decision must be grounded in the record, supported by evidence, and clearly reasoned. I bring that same discipline to arbitration.
Additionally, my service on the Oceanside Transportation Commission and for the Tri-City Health Care District exposed me to transportation engineering, public works contracts, and healthcare facility operations—all of which can intersect with construction disputes.
Q. Are you noticing any emerging issues or trends in construction cases coming to arbitration?
The construction industry is facing several emerging issues and trends that are significantly impacting arbitration cases. These include:
- Increased Use of Technology: Virtual hearings, electronic document management, and online arbitration platforms are becoming more prevalent, streamlining proceedings and enhancing efficiency;
- Mass Arbitration and Class Action Waivers;
- AI Integration: The integration of artificial intelligence into construction arbitration is a significant trend;
- Public-Private Partnerships: The rise of public-private partnerships and ambitious sustainability goals is leading to more complex contractual arrangements, complicating disputes and requiring arbitration as a neutral forum.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
In a nutshell: organize your documentation, understand the contract and its attachments, focus on key issues, bring qualified experts when necessary, be realistic about outcomes - understand the risks and costs of proceeding versus settling.