Heather H. Whitehead

Partner

Heather H. Whitehead is a partner in the Newport Beach office. She specializes in helping clients develop practical strategies for addressing business risks facing the real estate and construction industries.  This is most often accomplished by the negotiating and drafting of contract documents, construction and real estate agreements as well as providing guidance on insurance programs and other risk management strategies.  Her practice area encompasses commercial, retail, industrial, mixed-use, multi-family and residential projects.

Business and Real Estate Transactions

Ms. Whitehead frequently acts as outside general counsel to builders, developers and other businesses.  Her understanding of underlying business and operational considerations allows her to provide efficient guidance to clients.  She advises clients on acquisition, financing, land development, construction, sales and project closeout matters, including purchase and sale agreements, leases, construction contracts, CC&Rs and other project governance documents, disclosures, SB800/Title 7 compliance documents and a variety of other construction-related documents as well as advising on operational risk management matters.

Risk Management

Prior to becoming an attorney, Ms. Whitehead served as the Director of Risk Management for a large urban infill homebuilder, where she gained valuable practical expertise and insight with respect to insurance coverage, risk management and construction issues facing builders and developers. Utilizing her background in this area, Ms. Whitehead’s legal practice includes:

• Analyzing and structuring insurance coverage for client’s real estate needs, including owner-controlled (OCIP) and wrap-up insurance programs, builders’ risk, property and other coverages;
• Drafting insurance requirements, disclosures, and other documentation for project-specific and master insurance programs;
• Reviewing and analyzing additional insured and other policy endorsements for compliance considerations; and
• Negotiating and drafting contractual risk transfer provisions for inclusion in subcontracts, consulting agreements, master construction agreement forms and other construction and real estate agreements.

Privacy & Data Security practice

Utilizing her risk management background, Heather specializes in developing risk management policies and procedures, drafting contracts and preparing other documentation for compliance with the CCPA and other privacy requirements.  She also reviews cyber insurance policies, amongst other policy forms, to address privacy claims and negotiates and drafts insurance requirements and contractual risk transfer provisions for inclusion in contract documents to manage these considerations.