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)