Construction
Alexander Polsky has mediated or arbitrated over 2,500 complex commercial and residential construction cases worldwide, as well as various business, coverage, breach of contract, and related disputes between insurers and high-stakes businesses and commercial and real estate matters. He also serves as a "project neutral" to assist in resolving issues in construction projects before they adversely impact the critical path, and has testified as an expert in insurance coverage and bad faith matters, as well as lectured worldwide on construction and insurance-related topics. Prior to commencing his mediation/arbitration career, Mr. Polsky represented both prime and sub contractors in business and defect related matters. He worked with Crosswinds Development in the planning and marketing of real estate projects and is a past BIA member. In addition, he is a licensed real estate broker.
As an ADR professional, independent surveys have accorded Mr. Polsky their highest ratings. These include: AV Rating by Martindale Hubbell; California Superlawyer in ADR by
Law & Politics; Best Lawyers in America in ADR by ALM; and the very distinguished
Daily Journal "Top Mediator" in California (making the list every year since the survey has been conducted). He also teaches mediation and negotiation at the Law School at the University of Southern California and serves as a negotiation consultant in multi-million dollar cases. He can be reached at
www.jamsadr.com/polsky.
Representative Overview - General Construction Defect: Mediated and arbitrated over 1,000 general construction defect claims brought by owners of single-family homes, high-rise construction, and condominiums
- EIFS: Mediated dozens of claims involving EIFS
- Public Works Projects: Mediated and arbitrated disputes involving public infrastructure and heavy construction projects such as water reservoir projects, streets and highways, airport construction, water quality improvement projects, public buildings, park and water recreational projects, flood control channels, and subterranean drainage systems
- Delay and Cost Overrun Claims: Mediated numerous disputes
- Public Agency Claims: Mediated numerous claims between public agencies and general contractors and architects relating to delay, errors and omissions, additive and deductive changes
- Commercial Projects: Mediated numerous claims involving shopping centers, hospitals, and leasehold improvements
- Environmental: Toxic waste clean up disputes between land owners and public agencies, as well as prior and succeeding land owners, underground storage tanks cases, clean up issues impacting the critical path that developed during commercial construction, and other related matters
Supplementary Matters
- Subrogation, Surety, and Coverage Disputes
Mr. Polsky is recognized as having a thorough knowledge of insurance law pertaining to the construction industry. He has designed seminars on the topic and has resolved countless disputes between insurers and their construction clients, as well as inter-insurance disputes. - Mediated and arbitrated subrogation claims involving fires, landslides, floods, and earth movement
- Mediated numerous coverage and allocation disputes between insurers
- Project Neutral
Mr. Polsky is available to serve as a project neutral to promote resolution during construction for the benefit of the project and reasonable maintenance of its critical path schedule.
Representative Matters
- Airport authority assertion that post tension materials were defective requiring R&R of third level of airport parking structure, and related change order claims against suppliers and installers of post tensioning system
- Architectural errors and omissions involving highway pipeline project
- Claims involving inadequate pre-pad soils re-placement/compaction incidental to construction of 20,000 sq. ft. biological testing laboratory. Significant biological sample contamination and EPA toxic waste and FDA regulation issues secondary to remediation.
- Condemnation claims by Nevada Power Company across 320 acres of real property in the Eldorado Valley for construction of a 500 kV transmission line, and corresponding valuation and property impact claims
- Design and construction of municipal library. Error & omission vs. value added.
- Design and line of sight for concert hall
- Governmental liability for payment of fees in architect’s errors and omissions claim secondary to construction of municipal library. Error & omission vs. value added.
- Infrastructure/Public Works: Los Angeles Department of Water and Power (LADWP) claims in connection with construction at the Haynes Power Plant. Multiple claims in connection with fuel gas compressors filed by LADWP against general contractor and related general contractor claims against material and installation subcontractors following general contractor’s correction of the problem through clean up and full replacement.
- Management and resolution of multiple claims involving design and construction of a commercial shopping center. Claims involved delay, loss of rental benefits, impact claims and claims against material suppliers, general contractor, and multiple sub trades.
- Suit alleging negligent design and construction of municipal pool and water project in Nevada