What Every Construction Lawyer Should Know about Mandatory Mediation Under SB440

What Every Construction Lawyer Should Know about Mandatory Mediation Under SB440

June 12, 2026 · 1h 1m · Season 2 · Episode 143

About this episode

This episode provides an overview of the mandatory dispute resolution process under SB 440 for construction lawyers and their clients.

With the enactment of SB 440, owners, contractors and subcontractors and their counsel must now navigate a mandatory claim dispute process defined by newly-enacted SB 440 (Civ. Code sections 8850 and 8851). The Legislature has made clear that it is in the best interest of the “state and its citizens” to ensure that claims on many private construction projects are “paid in full and in a timely manner”. This program will provide construction lawyers, their clients, insurers, and neutrals with a practical overview of the mandatory dispute resolution process enacted in SB 440, the strategies for how to best use those procedures, and the opportunities created for resolution of claims during the pendency of a project, without the accumulation of claims and the risk of additional draconian interest charges that will only make them much more difficult to resolve in the future. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.

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