Allison Andersen Email & Phone Number

Sacramento, Ca, Us

Walnut Creek, California, Us

Woodland Hills, Ca, Us

Walnut Creek, California, Us

Ms. Andersen represents community associations in corporate governance, operational, transactional, and civil litigation matters. Ms. Andersen’s association governance practice includes the evaluation of compliance with the Davis-Stirling Common Interest Development Act, the analysis and interpretation of governing documents, the recommendation for rewrites and amendments when necessary, the implementation of election and secret ballot processes, and the negotiation and drafting of other recorded agreements affecting real property. Ms. Andersen approaches each of her client’s needs from a risk management perspective. Enforcement disputes are promptly, efficiently, and creatively addressed to avoid costly and time consuming legal proceedings. The association’s self-help, discipline, dispute resolution, and enforcement procedures are strictly followed in order to provide members with a transparent process and the best opportunities to quickly and economically resolve violations. When a member chooses to delay compliance, Ms. Andersen is committed to the recovery of related expenses.

Walnut Creek, California, Us

Ms. Andersen negotiates and drafts all manner of vendor contracts including maintenance, reserve study, accounting, parking and towing, security, and communications agreements. Ms. Andersen additionally possesses extensive expertise writing construction and repair contracts. Her comprehensive understanding of the design and construction process, construction scheduling, payment terms and issues, liability for construction delays and defects, defense and indemnity obligations, and first and third-party insurance claims has proved invaluable to her clients. Ms. Andersen has over fifteen years’ experience in litigating issues related to insurance coverage, real estate fraud and disclosure, operating and reserve funding, contract interpretation and compliance, complex construction defect, condominium conversion, free speech, and the enforcement of covenants, conditions and restrictions. Ms. Andersen has also defended associations, their directors and officers against claims for violation of the fair housing and disability laws, personal injury, harassment, failure to maintain association property, failure to comply with the Open Meeting Act, failure to comply with the member election statutes, breach of fiduciary duty, and breach of contract. When an association faces the uncertainty of litigation, Ms. Andersen has the experience-based wisdom and insight to competently guide the association through the legal process and achieve excellent results.

Ms. Andersen represents common interest developments and commercial real estate owners in complex construction defect, shelf condominium, condominium conversion and related first and third party insurance matters. This representation includes advising clients on the fiduciary duty to conduct property investigations, alternatives to defect litigation, budgeting for the repair of property conditions, alternative dispute resolution and formal litigation. Ms. Andersen has successfully negotiated the settlement of numerous multi-faceted condominium development defect claims including claims for water intrusion at exterior cladding systems, for the defective design and installation of mechanical systems (hot water distribution, air conditioning, humidity control, gray water discharge); structural systems (podium slabs, structural components); concrete slab on grade and elevated podium deck garage structures; electrical systems and acoustical systems and components. Ms. Andersen has also negotiated and/or litigated claims related to the defective design of civil infrastructure including site drainage, reclaimed water distribution, sewer differential settlement, soil stability and groundwater dewatering systems.Ms. Andersen's insurance practice includes both the prosecution and defense of community associations in insurance coverage matters. Ms. Andersen has litigated policy provisions related to coverage triggers, the duties to defend and indemnify, the named versus other insureds, the separation of insureds, policy exclusions and policy endorsements. She has additionally defended against insurers’ claims for rescission based upon incomplete policy applications and fraud. She has prosecuted claims under Insurance Code section 11580. In several matters, Ms. Andersen obtained assignments of policy rights from developers in underlying construction cases and successfully prosecuted bad faith claims directly against the insurers. See less

Las Vegas, Nevada, Us

Walnut Creek, California, Us

Ms. Andersen commenced both a third and first-party insurance practice at Berding & Weil in 2008. This practice included the defense of homeowners associations who were named in Declaratory Relief actions filed by a variety of insurance companies. Ms. Andersen litigated policy provisions related to coverage triggers, the duties to defend and indemnify, the named vs. other insureds, the separation of insureds, policy exclusions and endorsements. Ms. Andersen additionally defended against insurers’ claims for rescission based upon incomplete policy applications and fraud. In several matters, Ms. Andersen obtained assignments of policy rights from developers and prosecuted bad faith claims directly against insurers. Ms. Andersen has prosecuted claims under Insurance Code section 11580.

Walnut Creek, California, Us

As partner, Ms. Andersen continued to manage defect files as well as assist Mr. Randolph Paul with numerous trials. Ms. Andersen’s jury trial experience includes drafting, responding to and arguing motions in limine, attendance at trial readiness conferences, jury selection, and preparation of trial witnesses. Ms. Andersen additionally acquired notable experience in successfully managing condominium conversion claims through settlement and/or trial. This experience included the evaluation of developer compliance with condominium conversion statutes and laws, sufficiency of the pro forma operating and reserve budgets, sufficiency of developer disclosures to homeowners associations and members, and the investigation of the converter’s construction practices. Ms. Andersen successfully pierced the corporate veil of several limited liability companies that were established to convert apartments into condominiums, allowing the associations to recover damages from related corporate entities.

Walnut Creek, California, Us

After graduating from U.C. Davis School of Law, Ms. Andersen joined Berding & Weil as a first year associate. Ms. Andersen worked for Mr. Tyler Berding where she managed construction defect files for homeowners associations and commercial real estate owners. During this period, Ms. Andersen developed significant experience in advising boards of directors on the fiduciary duty to conduct property investigations, alternatives to defect litigation, budgeting for the repair of property conditions, alternative dispute resolution and formal litigation. Ms. Andersen handled all aspects of the legal process including the filing of pleadings, drafting and responding to written discovery, taking and defending percipient witness and expert depositions, negotiating claims at mediation, writing and responding to discovery and dispositive motions, and attendance at all court hearings. Ms. Andersen successfully negotiated the settlement of numerous multi-faceted condominium development defect claims including claims for water intrusion at exterior cladding systems (siding, stucco, stone veneer and curtain walls), roofing systems, windows, balconies, decks, stairways and entry landings; for the defective design and installation of mechanical systems (hot water distribution, air conditioning, humidity control, gray water discharge); structural (podium slabs, structural components); concrete slab on grade and elevated podium deck garage systems; electrical systems and acoustical transfer. Ms. Andersen has also negotiated and/or litigated claims related to the defective design of civil infrastructure including site drainage, reclaimed water distribution, attachment of sewer mains to laterals, differential settlement, soil stability and groundwater dewatering systems.

J.D., Law

B.A. With High Honors, Government And Law