Alexander S. Polsky, FCIArb

T: 714-939-1300
F: 714-939-8710
Engineering and Construction

Mr. Polsky has been involved in the construction industry since 1971, when he was an executive with Michigan-based Crosswinds Development. He has been a licensed real estate broker for decades, and has participated in the resolution of more than 2,500 construction related matters through arbitration, mediation or project-neutral services. As a lawyer, he has represented developers, general contractors and subcontractors in matters involving simple single-family homes to complex commercial, multi-use and public works projects.

Mr. Polsky has a deep understanding of insurance coverage, reinsurance and surety issues. He has lectured on the subjects and brings comprehensive insight into how insuring agreements apply to complex construction matters.

Mr. Polsky’s experience in addressing and resolving errors and omissions and delay disputes that arise in construction put him in a unique position to serve as an arbitrator, mediator, project neutral or special master in complex construction matters.  

Representative Matters

  • Complex Public/Private Construction Projects:
    • Mediated or arbitrated more than 1,000 construction, delay, disruption, acceleration and breach of contract matters, ranging from two-party disputes to matters involving 40 or more parties
    • Water Projects. Has mediated or arbitrated disputes involving municipal water projects, pipeline projects, dams and reservoirs throughout the country
    • Public Infrastructure Projects. Resolved disputes involving transit light railroads in Seattle, the Las Vegas monorail project, a project that involved tunneling through San Bernardino Mountains, a seismic retrofit of Golden Gate Bridge and numerous heavy construction projects such as dams, roads, and highways
    • Public Buildings. Resolved disputes involving hospitals, prisons, water treatment plants, power plants, schools and universities
    • Private Building Projects. Resolved disputes involving high-rise office buildings, major hotels, high-rise condominiums and private hospitals
  • Project Neutral:
    • As a project neutral, Mr. Polsky works with parties to resolve disputes that develop during construction, in order to keep projects in conformity with critical path schedules. He also works with parties to anticipate and resolve issues that might arise in the future.
  • Subrogation and Coverage Disputes:
    • Mediated subrogation claims involving fires, landslides, earthquakes, mold & habitability, and other losses
    • Regarded as an expert on coverage, reinsurance and bad faith. He has lectured worldwide, and has mediated and arbitrated many coverage disputes between and among insurance carriers
  • Surety Disputes:
    • Involved in the management of surety claims for a national insurer, as a result he possesses a unique knowledge of the subject. As a neutral he has mediated numerous claims involving sureties on payment and performance bonds
  • Arbitration of Complex Public/Private Construction Projects:
    • Served as the managing arbitrator and solo arbitrator in cases referenced above, including insurance, surety and business matters including numerous delay, disruption, breach of contract matters and public agency disputes.
  • Complex Public/Private Works Projects:
    • Construction delay claims involving sewer projects throughout California.
    • Complex errors and omissions claims involving municipal buildings such as libraries and schools.
  • Mediated more than 500 construction cases involving residential construction developments throughout the U.S.

Honors, Memberships, and Professional Activities

  • Recognized as a Best Lawyer, Alternative Dispute Resolution category, Best Lawyers in America, 2008-2018
  • Recognized as a SuperLawyer, Alternative Dispute Resolution category, SuperLawyers, 2006-2016
  • Recognized as a Top Master, Daily Journal
  • Recognized with AV Preeminent Status as a Top Rated Lawyer in Alternative Dispute Resolution, Martindale-Hubbell
  • Recognized as a Top California Neutral, Daily Journal, 2006-2010, 2012
  • Speaker, "What Real Estate Attorneys Can Learn From Mediators—And Vice Versa," Tokyo Annual Conference of the International Bar Association, 2014
  • Panelist, U.S. District Court for the Central District of California Mediation Panel
  • Successfully completed "Accelerated Route to Fellowship International Arbitration Program with Award Writing Examination, Chartered Institute of Arbitrators, North American Branch, 2014
  • Fellow, International Academy of Mediators
  • Adjunct Professor of Law, University of Southern California School of Law and Straus Institute for Dispute Resolution at Pepperdine University School of Law
  • Lecturer (partial list): California Bar Association, American Bar Association, Association of Southern and Northern California Defense Counsel; Consumer Attorneys of California, Los Angeles and Orange County; Los Angeles, Orange County and San Francisco Bar Associations; Pepperdine University Law School; Building Industry Association
  • Past Director: Orange County Bar Association, Orange County Trial Lawyer's Association, Southern California Adjuster's Association
  • Past Chairperson, Orange County Bar Association Committee on ADR
  • Delegate, State Bar of California, Conference of Delegates
  • National Institute of Forensic Studies, Professional Advisory Board
  • Publications on ADR and Attorney Fee Disputes for State and Local Bar Associations, firms, trade associations, and newspapers. Author: "A System for Cost Effective Management of Construction Defect and Complex Litigation." Author: "ADR, Why Does it Work?" Author: "Use of the Special Master in Complex Litigation." Author: "Use of Risk Based Facilitative Dispute Resolution."
  • Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses in the LLM program. He is available to provide training in negotiation and mediation skill development to corporations and professional organizations.
  • Pro bono activities include Dispute Resolution Services (DRS) Board of Directors; Los Angeles/Long Beach Legal Aid Grand Cru Board of Directors; Public Law Center of Orange County Board of Directors; Los Angeles County Bar Association volunteer mediation program volunteer

    Comprehensive Overview

     Please click here for a comprehensive overview of Mr. Polsky’s practice.

    Disclaimer

    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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