Vivien B. Shelanski, Esq.

T: 212-751-2700
F: 212-751-4099
Construction
Since joining JAMS in 1998, Vivien B. Shelanski has mediated and arbitrated construction claims presenting complex allocation issues for a wide range of projects (commercial, residential, public works, historic buildings); parties (developers, public and private owners, government agencies, architects, contractors, engineers); and issues, including defective work and design issues, delay claims, claims for extra work, and breach of contract. She is known as a quick study for her ability to grasp technical and quantitative issues and enjoys the challenge that these matters present.

Representative Matters

  • Breach of contract claims by an electrical contractor against the developer of a very large commercial project in New York City. (Mediation)
  • Claims of defective design, defective work, cost overruns, and malpractice arising from reconstruction of the facade of a historic building; supervision and assessment of tests for water penetration and efficacy of proposed cures. (Arbitration)
  • Claims of design defect and defective work relating to water penetration through residential structures. (Mediations)
  • Claims of faulty design, construction, and supervision of apartment building’s multi-unit parking garage; assessment of competing expert opinions about cause of problems and appropriate remedies. (Mediation)
  • Claims of property damage and delay resulting from a rigging accident during the dismantlement of a nuclear facility. (Mediation)
  • Extra work claims by a plumbing contractor against a county authority for the installation of a new water system, with allegations against the contractor and structural engineer for defective work and negligent supervision. (Mediation)
  • High-stakes dispute (in excess of $67 million) between a power authority and construction company involving claims of delay and cost overruns in construction of nuclear power plant. (Arbitration)
  • Malpractice claims against architect for design failing to comply with city codes leading to closure of a high-profile restaurant; damage claims included reconstruction costs and lost profits. (Mediation)
  • Project neutral for a series of construction disputes among a condominium association, commercial tenant, and developer of adjacent properties pertaining to remediation of water penetration and reconstruction of a commercial unit; work with parties to facilitate plan review and ongoing construction, and resolve disputes as they arise. (Arbitration)
  • Property damage claims arising from pressure grouting operation in connection with electric company’s installation of electrical vaults adjacent to building’s foundation wall. (Mediation)

Honors, Memberships, and Professional Activities

  • Co-Editor, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (3rd. Ed., Forthcoming)
  • Fellow, College of Commercial Arbitrators; Panel of Mediators, United States District Court for the Eastern District of New York
  • Fellow, College of Labor and Employment Lawyers
  • Lecturer at New York University School of Law

Background and Education

  • Assistant Circuit Executive for Legal Affairs, United States Court of Appeals for the Second Circuit, 1995-1998
  • Acting Assistant Professor, New York University School of Law, Spring 1995
  • Assistant Attorney General, New York State Department of Law, Real Estate Financing Bureau, 1992-1995
  • Litigation Attorney, Cahill Gordon & Reindel, and Howard Darby & Levin, 1985-1992
  • Law Clerk, Hon. Milton Pollack, United States District Judge, Southern District of New York, 1984-1985
  • J.D., with honors, New York University School of Law, 1984
  • Ph.D., Philosophy of Science, University of Chicago, 1970
  • A.B., with honors, Bryn Mawr College, 1964

Disclaimer

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