Representative Matters

Construction Defect
• • Arbitrator: Decided through a motion for summary judgement the issue of preclusion of claims by a homeowners association against a developer from a previous settlement agreement and, after ruling, arbitrated surviving claims
  • Mediator: Settled a completing surety’s claims against CGL carriers based on the $16 million cost of repairing and completing a defectively installed 20-mile pipeline outside of Austin, Texas
  • Mediator: Settled the claims of a transit agency against a new switchyard general contractor, track designer and manufacturer for million-dollar damages from a train collision
Engineering & Construction
• • Mediator: Settled a dispute arising from the construction of a forward-operating base in Helmund Province, Afghanistan, between a U.S. general contractor and a Jordanian subcontractor; resolved dispute and revitalized business relationship
  • Mediator and early neutral evaluator: Provided early neutral evaluation (ENE) of complex schedule issues, then successfully mediated a public university dormitory construction case with a contract value of $85 million and claims in excess of $15 million
  • Dispute resolution board (DRB) member: Member of a DRB on a $60 million police station in Northern California, which was instrumental in real-time resolution of ongoing claim and delay issues, including assisting in resolution of claims by major trade subcontractors
  • Mediator: Retained to mediate and then perform an ENE with respect to $7 million of claims arising from Hurricane Katrina cleanup work in the 9th Ward of New Orleans; at issue was whether the Corps of Engineers and its first-tier contractor took actions that justified a request for equitable adjustment (REA) by the second and bankrupt third-tier contractors, with ancillary federal contracting and bankruptcy issues
  • Mediator: Settled all claims at conclusion of a $10 million elementary school project, including payment and competing delay and alleged defect claims
  • Mediator: Settled all project closeout issues involving the construction of a new prison between the Department of Corrections, completing surety and three major trade subcontractors
  • DRB: As chair of a DRB for a new electrical substation for six large pumps controlling outflow from a major stormwater facility, settled electrical/general contractor’s potential claims in exchange for operational relief on pump switchover windows, which allowed the project to complete on time with no further claims
  • Early neutral evaluator and mediator: Settled a public parking garage case by evaluating and issuing an advisory opinion on 51 issues, including schedule, and then mediating the final resolution of all claim issues, allowing a $12 million project to close out upon project completion
  • Project neutral: Retained at the conclusion of a large state laboratory project by the general contractor, electrical subcontractor and controls sub-subcontractor; assisted in the resolution of complex control and payment issues with no attorney involvement
  • Mediator: Settled a completing surety’s claims against commercial general liability (CGL) carriers based on the $16 million cost of repairing and completing defectively installed 20-mile pipeline outside of Austin, Texas
  • Mediator: Settled all claims between large trade subcontractor, financially troubled general contractor and surety on not just the large public project initially briefed, but two other projects as well
  • DRB: Chair of a DRB for a contractor of a new library/community center with a $17.5 million contract value; project completed on time and on budget with no claims
  • Mediator: Settled all claims of a general contractor for delay and overruns, and owner counter claims for delay, on a $13 million condominium project
  • Mediator: Settled claims by an earthwork contractor on a sludge pond dredging project against city involving complex issues of lump sum vs. unit pricing; claims in excess of $750,000 were resolved and the parties’ relationship was restored
  • Mediator: Settled claims of a transit agency against a new switchyard general contractor, track designer and manufacturer for million-dollar damages from a train collision
  • Mediator: Settled a general contractor’s and electrical subcontractor’s large claims on a $16 million project to construct the elevated trackway for an airport tram system
  • Mediator: Settled schedule and outstanding change order claims by a general contractor against a city parks and recreation department on a $17 million project for the construction of a new city recreational center
  • DRB: Retained as a member of a DRB on a $45 million renovation and upgrade of a large municipal zoo
Private Construction
• • Arbitrator: Arbitrated a dispute between a general contractor and a developer involving competing claims for unrecognized change orders, delay and disruption costs by the contractor and “missed the market” delay claims by owner
  • Court-appointed referee: In over 14 consolidated actions, evaluated multimillion-dollar contract and subcontract balance claims where the residential portion of the development and corresponding financing had been halted by historic state action; analyzed the owner's claims for overbilling and defective construction and settled all subcontractor and contractor payment claims, as well as facilitated refinancing and escrow payments at close
  • Mediator: Settled dozens of cases arising from partially constructed subdivision improvements, usually involving large claims by utilities or site-work contractors against subdivision payment bonds, bank set-asides or title insurers based on mechanic’s liens and priority issues
  • Special master: Appointed to render accountings on a public high school general contract valued at over $72 million and involving over 20 subcontractors
  • Arbitrator: Decided a dispute between a general contractor and a developer involving a Southern California resort hotel, where not only was a cost-plus contract claim by the contractor disputed, but the owner claimed overbilling and an entitlement to a savings refund from the contractor
  • Mediator: In a dispute between a large community church and a general contractor, after an initial session with the lawyers did not produce a settlement, convened a session between the principals of the church and the contractor on-site that produced a full settlement of payment, completion and alleged defect claims
Public Works
• • Mediator and early neutral evaluator: Provided ENE of complex schedule issues, then successfully mediated a public university dormitory construction case with a contract value of $85 million and claims in excess of $15 million
  • DRB: Member of a DRB on a $60 million police station in Northern California, which was instrumental in real-time resolution of ongoing claim and delay issues, including assisting in the resolution of claims by major trade subcontractors
  • Early neutral evaluator and Mediator: Settled a public parking garage case by evaluating and issuing an advisory opinion on 51 issues, including schedule, and then mediating the final resolution of all claim issues, allowing the $12 million project to close out upon project completion