Heather Whitehead


Heather H. Whitehead is a partner in the Newport Beach office. She specializes in negotiating and drafting construction and real estate agreements.  Her practice encompasses construction, real estate, risk management and insurance coverage matters for commercial, retail, industrial, mixed-use, multi-family and residential projects.  She advises a wide range of 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.

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.

Significant Representations
• Acted as risk management counsel for a national residential developer in connection with comprehensive updates to master construction agreements and related insurance documentation for applicable OCIP insurance programs, including evaluating and addressing contract administration considerations.
• Acted as insurance coverage and risk management counsel including contractual implementation of various consolidated insurance programs covering multiple apartment unit projects throughout California.
• Represented a large investment fund operating retail and retail-driven mixed-use properties on the West Coast in connection with retail leasing matters.
• Represented a private residential developer in connection with the development and sale of a multi-phased master-planned community in Orange County, California.

• Co-Presenter, “Sunny Skies Ahead: How to Be Prepared for Solar and Energy-Efficiency Requirements,” 2019 N&D Builder Update seminar
• Co-Presenter, “Contractual Self-Insured Retentions (SIRs),” 2018 N&D Builder Update seminar 

• Co-Author, "Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?," Newmeyer & Dillion, November 2, 2018.

• Loyola Law School, Los Angeles, J.D., 2005
• Pepperdine University, Malibu, M.B.A., 2001
• University of Southern California, Los Angeles, B.S., 1997

• State of California
• United States District Court, Central and Northern Districts of California

• State Bar of California
• Orange County Bar Association
• American Bar Association