Mediator Resume

Woods & Aitken LLP - Of Counsel

Attorney; Construction and Commercial ADR

Of Counsel, Woods & Aitken, LLP, 2014 - Present; Partner, Berg Hill Greenleaf & Ruscitti LLP, 2006-2014; Partner, Oviatt Clark and Gross L.L.P., 1986-2006; Associate, Smart De Furio and McClure, 1985-1986; Associate, Skelton Oviatt and O'Dell, 1982-1985.

As of mid-2023, practice focus is ADR. 40 plus years experience as a construction law attorney representing public and private owners, general contractors, subcontractors, suppliers and design professionals in matters in 30 States. Took 85 court and arbitration proceedings to verdict or award. 35 years experience as a AAA construction arbitrator with more 100 appointments and 40 handled through award. Active as an mediator since 2024. Law practice encompassed broad range of construction law, including transactional documents; insurance, risk management, and loss avoidance; bonds; and especially claims such as terminations, differing site conditions, scheduling and productivity issues (sequencing, delays, acceleration, impact and disruption) and defective specifications. Knowledgeable about construction insurance, UCC in construction, and alternative project delivery methods including EPC, design-build, P3, and job order contracting. Representative mega project disputes experience: • $1 billion+ P3 widening of major inner-city highway involving multiple roadway and rail bridges and construction of a tunnel (counsel); • Cutting-edge industrial plant for manufacture of textiles (arbitrator); • Forest product manufacturing facility (arbitrator, taken through award); • Mid-nine figure wind farm construction project (arbitrator); • $1 billion+ Super Fund cleanup of a major waterway (arbitrator, taken through award); • Mid-nine figure design build prison complex (panel chair); • MLB stadium project (counsel); • $1 billion+ hospital complex (counsel); • Concentrated solar project (counsel). Cases as counsel and arbitrator often involve technical issues such as materials, sufficiency of design, scheduling and complex damages. Building construction matters include high rise residential and office buildings, multi-family housing, schools, hospitals, prisons, airport and transit facilities, hotels, sports and entertainment venues, warehouses, swimming pools, and large metal buildings. Heavy/highway and industrial experience includes power plants and alternative energy (hydro, wind, PV, biogas recovery, and concentrated solar); process manufacturing; water and sewage treatment plants (mechanical, electrical, and controls); construction and rehabilitation of hydro facilities (tunnels, gates, spillways, and turbines); concrete and asphalt highways (including pavement design); tunnels; bridges; mass earth operations; airport infrastructure (runways, taxiways, drainage, and lighting); large concrete structures; subdivision infrastructure; water, wastewater, and gas pipelines; canals and levies; steel fabrication and erection; rail construction; water storage tanks; high voltage electrical; demolition; and environmental remediation (CERCLA, UMPTRA and ACM). Considerable experience with single family and multi-family residential defects, including pertinent insurance. Cases have involved multiple areas of specialty subcontracting such as caissons, foundations, retaining walls, soil stabilization, specialty concrete, steel erection, waterproofing and building envelope integrity, welding, electrical, mechanical and plumbing (including heating/cooling, controls, generators, pumps and low voltage systems), life safety systems, masonry, drywall, finishes, flooring, roofing, glazing, landscaping and reclamation, and fencing. Commercial Approximately 15% of practice involved construction clients' commercial matters (UCC transactions and disputes; partnership, closely held shareholder and LLC member disputes and dissolutions; trade secret, non-compete, and NDA matters; and real estate and lease transactions and disputes).

Active mediator since the fall of 2023 with more than 30 completed. As with legal and arbitration work, mediation emphasis is on construction matters, including defects and government contracts. Have extensive experience with mediation as a 40+ year construction law practitioner.

Completed mediations have been a mix of two-party and multi-party occurring pre- and mid-litigation. Representative cases: • Numerous residential defect disputes involving breach of contract, warranty, defective work, code compliance, and insurance issues • Contractor professional liability claims against surveyor on a public highway project • Scope, design changes, and timeliness of performance dispute between GC and specialty sub on convention center design build project • Owner/GC dispute about contract scope, changes, design issues and schedule issues on GMP contract for multi-building multifamily housing complex • Drainage and building envelope dispute between owner, GC and designers on museum construction project • Promissory estoppel dispute between GC and mechanical contractor based on alleged failure to honor mechanical bid for multi-building residential construction project • Payment, scope and schedule dispute between GC and civil infrastructure and mechanical sub on public employee housing project • Owner claims against designers for alleged code compliance deficiencies on apartment building renovation project • Payment and scheduling disputes between GC and pipeline contractor on multiple biogas recovery contracts • Dispute between GC and multiple trades on project to convert historic building into apartments, including mechanic’s lien issues • Multi-party dispute between owner, general contractor, mechanical sub and suppliers on gas station project, including validity of mechanic’s liens • Disputed convenience termination of builder on luxury residence construction contract • GC/sub dispute about compliance of specialty sub’s work on life safety retrofit contract for multiple public schools • Owner and contractor claims and counterclaims regarding differing site conditions and timeliness of performance on a subdivision infrastructure project • Owner claims about alleged substandard home inspection services • Schedule, performance and payment disputes on project to rehabilitate and upgrade an historic apartment building • Alleged wrongful default termination of landscaping subcontractor on a public school project

My mediation style is to create an atmosphere that achieves party buy-in to the process. Most parties need to feel that they have been heard, and, if necessary, vent. That said, with experience, have come to believe that parties and counsel are often looking to the mediator for firm guidance, so have become a more assertive mediator over time. My mediation practice is a complement to work as an arbitrator, so have sufficient time to devote to each mediation. I have a strong preference for actively engaging counsel (and if appropriate, clients) prior to the day of mediation to set the table for success. Am amendable to shorter mediation statements if preliminary conversations with counsel are a more efficient and cost-effective way to communicate key information about the dispute. If appropriate to the dispute, like to dig into the factual, technical, and legal underpinning of the parties’ positions to be able to probe weak spots and help the parties realistically appraise the strengths and weaknesses of their cases. My depth of knowledge of most aspects of construction is sufficient to be able to see disputants’ concerns and priorities and address them authoritatively. Also understand that there may be client concerns beyond the facts, legal merit and damages that must be accounted for to get a case settled. Given the contract, fact and expert driven nature of most construction disputes, evaluative mediation is often helpful. As an experienced arbitrator, I am comfortable providing opinions on key issues when it will advance the mediation process, including, when appropriate and requested, in the form of a mediator’s proposal. 40+ year career as a practitioner sometimes included commercial disputes so am comfortable mediating commercial cases such as breach of contract, UCC issues, trade employment contract issues such as trade secret and non-compete claims, and closely held company and partnership break-ups.

Well-grounded in construction scheduling (P6, MS Project), electronic discovery, and virtual meeting platforms. Have conducted several virtual mediations and arbitrations and am open to virtual proceedings if appropriate.

University of Denver (JD-1982); University of Colorado (BA-1977).

Admitted to the Bar: Colorado (1982); U.S. District Court: Colorado (1982); U.S. Court of Appeals: Tenth (1982) and Federal (1983) Circuits; U.S. Court of Federal Claims (1982).

American Bar Association (Forum Committee on Construction Industry; Public Contract Law Section); Colorado Bar Association (Construction Law Section); Martindale/Avvo Av rated (1990-present); Best Lawyers (2018-present); Super Lawyers (2023-present)

Numerous articles for construction industry publications and newsletters and many client education seminars and presentations.

Greater Denver area

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No travel charge in the Metro Denver area.

English

United States of America

Denver, Colorado