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Deborah S. Ballati

Deborah S. Ballati Esq., FCIArb

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Latest Insights
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General Biography
Practice Areas & Industries
Business Commercial
Construction Defect
Construction
Engineering & Construction
Governmental & Public Agency
Insurance
Honors, Memberships, and Professional Activities
Background and Education

Deborah S. Ballati, Esq. brings to her neutral practice at JAMS a broad range of civil and commercial litigation experience, with an emphasis on construction and insurance coverage, earned over her 42 years as an attorney. Ms. Ballati is a Fellow of the Chartered Institute of Arbitrators (FCIArb), and served as the first female president of the American College of Construction Lawyers (ACCL) (2011-2012) and Chair of the ABA Forum on Construction Law (2002-2003).

As a litigator, Ms. Ballati represented parties in complex commercial matters, including owners, contractors, subcontractors, sureties and design professionals in the construction industry. She has substantial experience with delay and defect claims commonly arising in commercial and residential construction projects. Her clients included: a multi-campus California university; large, international engineering companies involved in nuclear power plants, water and wastewater treatment facilities; parties involved in former military base cleanups and redevelopment; an international architectural firm involved in construction matters; and a major West Coast port and airport.

Ms. Ballati has been recognized as a leading California Construction Mediator in Chambers USA, 2020-2024. She is also routinely recognized nationally for her expertise, and she lectures across the country on insurance, construction law, and dispute resolution.

ADR Experience and Qualifications

  • JAMS neutral since 2018 serving as mediator, arbitrator, special master/referee, and project neutral
  • Served as an arbitrator on numerous commercial and construction arbitration panels
  • Successfully mediated numerous matters involving disputes on commercial and residential projects including payment disputes, contract interpretation issues, and surety claims.  

Representative Arbitration Matters

As Panel Chair:

  • $40 million in claims and counterclaims arising from multiple contracts, subcontracts and supply contracts relating to substantial hotel renovation and construction in Los Angeles, California.
  • $2 million in claims and cross-claims arising out of claims under an errors and omissions policy relating to a foreign legal malpractice dispute.
  • Entitlement issues relating to claims arising out of modifications to the California High-Speed Rail System.


As Panel Member:

  • $50 million in claims arising from the design construction and operation of solar facilities in three states.
  • $18 million in claims and counterclaims relating to modification of a paper-processing facility in Virginia.
  • Ongoing arbitrations involving commercial properties in California.


As Sole Arbitrator:

  • $28 million in claims and counterclaims relating to construction of a mixed-use apartment project, including parking and retail space in California.
  • $7 million in claims and counterclaims relating to construction of a multi-building performing arts and theater complex in California.
  • $5 million in claims and counterclaims relating to establishment and construction of a workers’ camp to address and dispose of hazardous materials from California wildfires.
  • $3 million in claims and counter claims relating to a three phase, rural development project, including residential and equestrian-friendly lots, open space, parks, trails and a recreation center in Los Angeles, California.
  • $2.6 million in claims and counterclaims relating to the design and construction of a state-of-the-art waste-processing facility in Northern California.
  • $9.5 million in claims and counterclaims arising from renovation of a synagogue and related buildings and improvements in Northern California.
  • $41 million relating to hotels and land in the California wine country.


Representative Mediation Matters

  • Dispute involving a significant energy project between a multinational company, foreign government and owners.
  • Dispute between various contractors, subcontractors and designers in a major bridge-widening project.
  • Resources recycling dispute involving structural fire debris and damaged tree removal.
  • Public entity/general contractor dispute involving law enforcement facilities.
  • Developer/architect dispute involving major shopping mall.
  • Northern California City dispute with hospitality management company involving transient occupancy taxes, assignments penalties and interest.
  • Dispute involving substantial construction claims between public owner, general contractor and subcontractor relating to a primary water treatment facility in Northern California.


Other Matters

  • Chair of Executive Oversight Committee for the decommissioning of the San Onofre Nuclear Power Plant in California. 

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Memberships

  • Recipient of the ABA Forum on Construction Law Cornerstone Award, May 2022
  • American College of Construction Lawyers
    • President, 2011–2012
    • Fellow, 1997–2025
  • Chair, American Bar Association Forum on the Construction Industry, 2002–2003
  • Chair, Division 10 Steering Committee, Forum Committee on the Construction Industry of the American Bar Association, 1994-1997
  • Member, California Bar Association
  • Member, California AGC Legal Advisory Committee
  • Member, Women Construction Owners and Executives
  • Faculty, National Institute of Trial Advocacy (NITA) 
  • Board Member and President, Meals on Wheels of San Francisco
  • Member, Women Rainmakers’ Roundtable, 1997-1998


Awards

  • Recognized as a leading construction mediator in Chambers USA, 2020-2024
  • Consistently recognized as one of the leading construction attorneys in Chambers USA and The Legal 500 United States
  • Who's Who Legal: Construction, 2020 edition
  • Best Lawyers’ 2017 San Francisco Litigation-Construction “Lawyer of the Year”
  • Best Lawyers’ 2014 San Francisco Construction Law “Lawyer of the Year”
  • 10 “Most Highly Regarded Individuals” in Construction, Who’s Who Legal, 2012
  • "Top 75 Women Litigators" in California, Daily Journal, 2011
  • Northern California Real Estate Women of Influence, San Francisco Business Times, 2011
  • Northern California Super Lawyers, 2004–2019
  • Top 50 Women Northern California Super Lawyers
  • Alumnus of the Year, UC Hastings, 2004
  • Best Lawyers in America (Construction, Litigation-Construction), 2003–2017


Seminars and Teaching 

  • Adjunct Lecturer, Graduate School of Engineering, Stanford University, 2011–2025
  • ALI-ABA, Negotiating Construction Disputes, February 2009
  • Civil Litigation Practice: Annual Recent Developments Programs, State Bar of California and University of California Continuing Education of the Bar, 1996-2008
  • Teacher and Chair, UC Hastings College of Advocacy, 1993-2002


Articles and Publications

  • "Termination for Cause or Convenience: What Happens If You Get It Wrong?" co-authored with Marlo Cohen, Journal of the American College of Construction Lawyers, Winter 2019 
  • “Success in Claim Resolution and Mediation:  The Insurance Component”, 2010
  • Contributor, “The Annotated Construction Law Glossary”, August 2010
  • Editor, “Justin Sweet:  An Anthology of Construction Law Writings”, 2010
  • “New California Court of Appeal Case Supports Policyholder Argument Regarding ‘Stacking’ Consecutive Policy Limits”, January 2009
  • Chapter Author, “False Claims in Construction Contracts: Federal, State and Local”, Chicago:  Forum on the Construction Industry, American Bar Association, 2007
  • “Alert:  Protecting Your Status As An Additional Insured”, June 2006
  • “Powerine II and County of San Diego v. Ace:  Policies Covering ‘Expenses’ Insure Against Environmental Agency-Ordered Cleanups, but Coverage for ‘Damages’ Alone Requires a Lawsuit, September 2005


ADR Profiles

Background and Education

  • Farella Braun + Martel LLP, 1977-2017
  • Law Offices of Garrett McEnerney, II, 1975-1977
  • J.D., University of California, Hastings College of the Law, 1975
    • Order of the Coif
    • Thurston Society
  • B.A., Stanford University, 1972
    • Phi Beta Kappa

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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