Engineering and Construction
As a trial lawyer, trial judge, and ADR neutral, Curtis E. von Kann has handled numerous matters involving construction and real estate disputes. In his ten years as a full-time ADR neutral, he has arbitrated and mediated disputes concerning construction delay damage claims, requests for equitable adjustment of construction contract prices, alleged breach of warranty in performance of construction work, development of shopping malls and residential communities, renovation of buildings, and leasing of commercial property.
Representative Matters
- Representative construction and real estate disputes handled by Judge von Kann include the following.
- Delay Damages. Arbitration of competing claims between general contractor and steel assembly subcontractor for delay damages allegedly caused by breaches of contract and faulty work in construction of power generation facility
- Architectural Services. Mediation of disputes between architect and owners concerning renovation and enlargement of an existing building
- Construction of Baseball Stadium. Judge von Kann served as chair of tripartite panel arbitrating, under AAA Construction Industry Arbitration Rules, a multi-million dollar dispute between a major league baseball team and its host city concerning payment for fixtures and various alleged deficiencies in the construction of a new baseball stadium
- Construction of Golf Course. Mediation of dispute between multiple parties for damages allegedly caused by delay in construction of championship golf course at a new resort
- Construction of Town Homes. Mediation of dispute between developer and construction company over alleged defects in construction of hundreds of townhouses
- Request for Equitable Adjustment. Arbitration of claim by drywall subcontractor for equitable adjustment in contract price due to change orders and alleged failure of general contractor to properly coordinate work of other trades in construction of University Science Center
- Delay Damages/Breaches of Warranty. Mediation of dispute concerning antenna subcontractor’s claim for delay damages and general contractor’s claims for breaches of warranty in connection with construction of Voice of America broadcasting station in Djibouti. When parties were unable to reach agreement, they asked Judge von Kann to arbitrate the dispute.
- Development of Shopping Mall. Arbitration of disputes between owner and developer concerning alleged failures to meet schedule in development of nation’s third largest shopping mall
- Development of Residential Community. Mediation of disputes between owning family members concerning development of large tract for residential community of townhouses and apartments. When settlement was reached, parties appointed Judge von Kann as arbitrator with respect to any disputes which might (and did) arise in implementing settlement.
- Renovation of Luxury Hotel. Mediation of claim by U.S. Department of Labor that trustees of union pension fund committed breaches of fiduciary duty and violation of ERISA when they invested large part of fund in purchase and costly renovation of Florida resort hotel
- Commercial Lease. Mediation of disputes between landlord and tenant concerning lease of commercial property
