Heather H. Whitehead


(949) 393-4902
Heather H. Whitehead concentrates her practice on construction, real estate, and insurance coverage matters. Her practice focuses on all aspects of real estate, including the representation of property owners, builders and developers throughout all aspects of the development process, encompassing acquisition, financing, land development, construction, sales, and project closeout for commercial, retail, industrial, mixed-use, multi-family, and residential developments. Her experience covers the drafting of purchase and sale agreements, lease agreements, construction contracts, CC&Rs, sales agreements, disclosures, SB800/Title 7 compliance documents, as well as other construction-related documents.

Heather’s experience also extends to 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, as well as negotiating and drafting contractual risk transfer provisions for inclusion in subcontracts, consulting agreements, and other construction-related documents.

Prior to becoming an attorney, Heather 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.

Areas of Concentration

  • Real estate development
  • Acquisitions and dispositions
  • Construction contracts
  • Purchase and sale agreements
  • Leasing
  • Real estate disclosures
  • Risk management
  • Insurance
  • Business contracts
  • Real estate finance

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.
  • 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.


J.D., Loyola Law School, Los Angeles, 2005

  • Selected to participate in the 3.5 program (completion of degree program in 3-½ years)
  • First Honors Award, Negotiations
  • Women’s Law Association Member

M.B.A., Pepperdine University, Malibu, 2001

  • Selected to attend the University of Oxford seminar – Global Enterprise Management Oxford, United Kingdom and Business in a European Context Seminar through UFSIA- University of Antwerp in Antwerp, Belgium

B.S., University of Southern California, Los Angeles, 1998

  • Emphases in Finance and Real Estate
  • Leadership Scholarship Recipient
  • Dean’s Scholar

Professional Organizations

  • Orange County Bar Association
  • American Bar Association

Articles, Lectures & Publications

  • Author, Issues In Negotiating Risk Transfer Provisions In Retail Leases – Practical Considerations, Retail Law Strategist, 9/11/2014

Admitted to Practice

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