Jean A. Weil
EXPERIENCEJean Weil is one of the founding partners of Weil & Drage* and has been a construction litigation specialist since 1987, representing some of the top design and construction firms worldwide. In addition to her trial practice, Jean's experience includes drafting and negotiating contracts and risk management assistance for private and public works projects in California and Nevada. She continues to specialize in the defense of architects, engineers, construction managers, subcontractors, and environmental consultants/contractors. She has also represented developers and manufacturers. She has an extremely loyal client base due to her reputation for being an aggressive, hands-on litigator, who balances the unique demands of each client and case. Jean has focused her practice on complex civil litigation, including construction contracts, high exposure personal injury, class actions, sports-related litigation, governmental and environmental torts, and business disputes. Jean has worked in literally every aspect of construction litigation, dealing closely with clients and insurance carrier representatives. She is highly regarded for her seminars on risk management, which she conducts across the country. Jean has also successfully argued three matters before the Nevada Supreme Court. The first involved Nevada's adoption of the economic loss doctrine. The second involved Nevada's strict enforcement of the certificate of merit statute protecting design professionals. The third involved Nevada's adoption of the doctrine obstacle preemption, which bars owners' claims for indemnity for ADA and FHA violations.
*Weil & Drage is a Women's Business Enterprise (WBE) and a Woman Owned Small Business (WOSB), certified by the Women's Business Enterprise National Council, and is also certified by the Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission. Weil & Drage is a member of the exclusive National Association of Minority & Women Owned Law Firms (NAMWOLF).
EDUCATIONUniversity of Colorado
Bachelor of Arts-Economics, magna cum laude 1983
Phi Beta Kappa Honorary Society
Graduated with High Honors
University of Colorado
Juris Doctor, 1986
MEMBERSHIPS AND PROFESSIONAL AFFILIATIONSState Bar of California, Colorado, Nevada
United States District Court, Central/Southern Districts of
United States District Court, District of Nevada
Clark County (Nevada) Bar Association
WBENC – Women's Business Enterprise National Council
AUTHOR AND PRESENTERDisability, Accessibility, and Liability: Who's Responsible for ADA and FHA Compliance? (May 2014, VOSCO's 53rd Meeting of Invited Attorneys)
Disability, Accessibility & Liability: What an Architect Should Know (AIA Trust 2014) AIA, OC Chpt.: 2014
Top Ten Drop-Dead Contract Clauses Design Professionals Cannot Ignore (and More) (May/December 2013, NSBAIDRD and AIA Nevada)
Construction Projects and ADA Accessibility Compliance – The Owner/Developer Perspective (May 2013, Strafford Webinar)
AUTHOR AND PRESENTER (continued)Blueprint for Design Professionals (Spring 2013, Navigators)
Liability for ADA and FHA Compliance and Risk Management for the Design Professional (2013, NSPE)
Who's Responsible for ADA and FHA Compliance? (2013, AIA, A/E ProNet; 2013, AIA, OC Chpt.; 2013, CSI, OC Chpt.; 2012, RLI)
UDC – Universal Development, LP v. CH2M Hill (May 2012, VOSCO's 51st Meeting of Invited Attorneys-Large Firm Roundtable)
Nevada Supreme Court's Decision Bars Owner's Tort and Contract Claims Against Design Professionals under the ADA and FHA (2012, Travelers)
Finally a Certificate of Merit Statute With Teeth (April 2012)
California Places Client Defense Burden on Design Firms
(2010, VOSCO's Guidelines for Improving Practice)
Are You Defenseless Against the Duty to Defend?
(2010, AIA California Council)
Construction Do's and Don'ts
(2008, Construction Specifications Institute)
The Best Laid Plans of Mice and Men Often Go Awry:Looking Back and Ahead (May 2008, VOSCO's 47th Meeting of Invited Attorneys)
Risk Management for the Design Professional
(2007, presented to multiple design firms and State of Nevada Board of Professional Engineers and Land Surveyors)
Negotiating High Risk Contracts (2006, AIA, Half Moon Seminars)
Common Pitfalls in Construction Contracts and How to Avoid Them (2005, ASCE, AIA, Half Moon Seminars)
CONTRIBUTORTravelers Contract Guide
(2008, authored Chapter on Warranties and Guarantees)
PUBLISHED DECISIONRepresented the architect and engineer in the appeal to the Nevada Supreme Court which led to landmark ruling in Terracon Consultants Western, Inc., et al. v. Mandalay Resort Group, et al., 206 P.3d 81 (Nev. 2009) extending the Economic Loss Doctrine to design professionals in construction actions.
Represented the architect in a petition for writ of mandamus to the Nevada Supreme Court in OTAK Nevada, LLC v. Eighth Judicial District Court, 127 Advance Opinion 53 (Nev. 2011) whereby the Court held that Nevada's Certificate of Merit statute protecting design professionals must be strictly enforced by lower courts.
Represented the ADA consultant in a petition for writ of mandamus to the Nevada Supreme Court in Rolf Jensen Associates, Inc. v. Eighth Judicial District Court, 282 P.3d 743, 26 A.D. Cases 1509, 128 Nev. Advance Opinion 42 (2012) whereby the Court held that an owner's claims for indemnity and contribution for ADA and FHA violations are barred under the doctrine of Federal obstacle preemption.
CONTACT INFOCalifornia Office (949) 837-8200/ Nevada Office (702) 314-1905