Barrera, Gary A.

Gary A. Barrera
Attorney

t: 510.834.6600
f: 510.834.1928
gbarrera@wendel.com

Education

Rutgers University School of Law, J.D.

University of San Francisco, B.A., History

Admissions

State Bar of California

  • Profile
  • PRACTICE HIGHLIGHTS
  • AFFILIATIONS
  • INSIGHTS

Gary is an insurance and risk management authority with more than 15 years of experience as both an attorney and claims professional. Skilled in litigation, his practice encompasses construction, real estate and business risk management matters. Engaging and highly responsive to clients, Gary brings a unique perspective to handling, resolving and avoiding insurance-related disputes.

Construction and real estate

Gary’s practice focuses on advising real estate developers and contractors on risk management matters. In addition to providing guidance to clients, he has written and spoken on insurance coverage and construction contracts.

Risk management

Gary negotiates and drafts contractual risk transfer provisions and insurance requirements, analyzing additional insured and other policy endorsements to verify the scope of insurance coverage, and creating insurance coverage programs such as owner-controlled (OCIP), commercial general liability, builders’ risk, and property coverage. He has extensive experience analyzing various types of insurance policies, pursuing enforcement of defense and indemnity obligations from insurers, negotiating settlements, and drafting and interpreting commercial contracts.

Disputes and litigation

During the course of his career, Gary has resolved a variety of insurance coverage disputes, including construction defect, professional liability, errors and omissions, environmental and property claims. He has successfully litigated and mediated numerous multi-million dollar construction defect and insurance coverage claims, resulting in settlements with contributions from multiple insurers and minimal or no contribution from his client.

 

  • Successfully negotiated settlement of complex construction defect case involving multiple property units and multiple allegations of property damage for $8.5 million where plaintiffs sought damages in excess of $23 million*

  • Negotiated favorable settlement of complex construction defect action for 25 percent of claimed damages involving water damage arising out of faulty copper plumbing systems installed in multiple residential housing units*

  • Obtained favorable result for homebuilder as second chair at trial of construction defect lawsuit where plaintiffs were only awarded 25 percent of their alleged damages based on verdict limiting plaintiffs’ award to cost of repair/loss of use damages and denying diminution in value damages.*

  • Successfully litigated enforcement of indemnification and defense clauses in subcontractor agreements on behalf of developers and general contractors, resulting in the recovery of millions of dollars in fees and costs in connection with numerous construction defect lawsuits.*

*Worked performed at prior firm.

Alameda County Bar Association

Publications

There’s Plenty of Risk in a Startup: Insurance Can Help Limit Liability

There’s Plenty of Risk in a Startup: Insurance Can Help Limit Liability

05/29/2019 | Young Upstarts

On May 29, 2019, Young Upstarts published an article by Wendel Rosen insurance attorney Gary Barrera. The article touches upon why startups need insurance, what types of insurance startups need, and…

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California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language

California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language

12/18/2017 | Gary A. Barrera

In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term “liability arising out of,” as used…

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California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

09/11/2017 | Gary A. Barrera

In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No. D070478 (filed 8/30/17), that an…

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Events

Top Ten Construction and Design Provisions Every Owner, Tenant, Contractor and Design Professional Should Understand

Top Ten Construction and Design Provisions Every Owner, Tenant, Contractor and Design Professional Should Understand

04/17/2018 | Wendel Rosen Client Seminar

Wendel Rosen attorney Gary Barrera co-presented at the client seminar, “Top Ten Construction and Design Provisions Every Owner, Tenant, Contractor and Design Professional Should Understand” on Tuesday, April 17, 2018,…

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News

Gary Barrera Reviews Insurance Basics for Construction Startups

Gary Barrera Reviews Insurance Basics for Construction Startups

11/11/2019 | Construction Executive

Wendel Rosen Partner Gary A. Barrera breaks down the different types of insurance available to new construction businesses in his Construction Executive article titled “Insurance for Construction Startups.” Gary explains…

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Gary Barrera Joins Wendel Rosen’s Insurance Practice Group

Gary Barrera Joins Wendel Rosen’s Insurance Practice Group

07/06/2017

OAKLAND, Calif., July 6, 2017 – Wendel, Rosen, Black & Dean LLP, the largest law firm in the East Bay representing businesses throughout the Bay Area and state, welcomes Gary…

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Education

Rutgers University School of Law, J.D.

University of San Francisco, B.A., History

Admissions

State Bar of California