Mediator Resume

Troutman Pepper Locke LLP - Partner, Leader of International Construction Projects Group

Attorney, Arbitrator, Mediator, Dispute Board Member

Partner and Leader of International Construction Projects Team, Troutman Pepper Locke LLP (f/k/a Troutman Pepper and f/k/a Pepper Hamilton LLP), 2016 - Present; Chairman of Construction Group, Duane Morris LLP, 2013 - 2016; Partner, Construction Group, Duane Morris LLP, 2007 - 2016; Partner, Construction and International Arbitration Groups, Reed Smith LLP, 2000 - 2007; Shareholder/Associate, Babst Calland Clements & Zomnir P.C., 1993 - 1999; Associate, Eckert Seamans Cherin & Mellott, 1987 - 1993.

Leads the Troutman Pepper Locke LLP International Construction Projects team. Focuses practice on the resolution of large and complex US and international construction disputes, particularly in the areas of industrial process and refining plants, energy projects, and infrastructure projects. Significant experience with Mega-Projects, EPC projects, and alternative project delivery systems, particularly in power generation, infrastructure, and heavy industrial process facilities. Has advised clients on more than fifteen Mega-Projects, including projects in the United States and internationally, and including projects with cap ex. of more than $10 billion USD. Has acted as counsel on coal, gas-fired, solar, nuclear, biomass and hydroelectric power generation projects; tunneling projects; chemical plants; pharmaceutical plants; steel mills; coke and coal byproduct plants; mass transit, bridge and highway projects; airports; mixed-use facilities; and sports and entertainment venues. Represented multinational corporations, domestic and international owners, EPC contractors, general contractors, subcontractors, engineers, equipment manufacturers and lending institutions in construction, contractual, and other business disputes. Prior to joining Pepper Hamilton (n/k/a Troutman Pepper Locke) in 2016, served as chairman of the Construction Group at Duane Morris LLP.

Served as mediator since 1999 and has mediated approximately 100 cases. Mediation matters have ranged from matters with approximately $100,000 in controversy to complex, multi-party matters with more than $100 million in controversy. Most of the cases mediated have involved claims on construction projects, including industrial facilities, transit projects, sewage treatment facilities, hotels, office buildings, schools, convention centers, hospitals, renovation and redevelopment projects, retail, and warehouse projects. Has also mediated indemnification obligations, asset purchase cases, breach of warranty, supply contracts, and defective product cases, as well as claims against design professionals. Mediated matters involving domestic, multi-national, and foreign entities, as well as both closely held and publicly traded companies. With respect to construction projects, has mediated claims involving general contractors, manufacturers, component and/or equipment suppliers, subcontractors, developers, public and quasi-public agencies, architects, engineers, and specialty contractors on public and private projects. One of the attributes brought to bear as a mediator has been a strong background and understanding of complex engineering and technical issues. In addition to an educational background in economics and finance, has gained significant knowledge in various engineering and scientific disciplines by representing clients in the construction, manufacturing, refining, and environmental remediation industries over the past nineteen years. The ability to quickly grasp complex technical issues has often been important in mediations dealing with complex construction, engineering, environmental, or other technical contractual disputes.

With respect to construction disputes, has mediated the full range of issues that arise on construction projects, including: quality of work, scope of contractual obligations, extra work claims, delay, disruption, inefficiency, loss of productivity claims, differing site condition, variation in estimated quantities, and other scope claims, claims against design professionals, fatigue and failure issues, product defect issues, insurance coverage issues, payment act claims, bonding issues, contractual and statutory limitations of liability, enforceability of exculpatory provisions in contracts, breach of warranty claims, and various other issues that arise on construction projects. With regard to general commercial disputes, has mediated indemnification claims, representation and warranty claims, product defect claims, industrial equipment performance issues, fraud and related matters.

Mediation is a consensual process. It is the role of the mediator to engage the parties in meaningful discussion in order to facilitate an amicable resolution of the matter. This typically involves assisting the parties in determining the issues in dispute among them, removing the obstacles to communication, and positively reinforcing the progress that is being made while seeking to minimize any ill-will among the parties. Since the process is a flexible one that is more art than science, the nature of each mediation varies, and the approach to resolution is dependent upon the parties, the party representatives, their counsel, the amount in controversy, the nature of the issues, the complexity of the issues, the presence of unsettled issues of law, technical issues about which competent experts can differ, and a host of other issues. The skills of the mediator, including judgment, credibility, personality, and demeanor, legal and technical competence, creativity, experience in the industry, experience in facilitating resolution of disputes, perceptiveness, ability to listen, analyze, and filter information, and other skills, are brought to bear to assist the parties in communicating about the disputed issues and ultimately in resolving their dispute. One of the goals of a good commercial mediator is to ensure that each party has fully assessed all of the risks presented by the dispute. Consequently, in some situations, the mediator may also be called upon to act as an evaluator, challenging the legal, factual, and technical positions and assisting the parties in assessing the reasonable range of outcomes, the risks of moving forward in the litigation or arbitration process, and the economic and opportunity costs associated with an arbitration or litigation outcome.

Has good technical proficiency with tools and programs generally used in large firm legal practice and in complex US and international arbitration matters. Working knowledge of various project control and scheduling tools typically implemented on large construction projects. Strengthening my knowledge of AI tools to enhance process efficiency.

Vanderbilt University (MBA-1987; JD-1987); Washington and Jefferson College (BA, cum laude-1983).

Admitted to the Bar: Pennsylvania (1987), District of Columbia (1988); U.S. District Court: Western District of Pennsylvania (1987); U.S. Court of Appeals: Third (1993), Fifth (2003), Sixth (1995), District of Columbia (1997), Eighth (2009), and Eleventh (2002) Circuits; U.S. Court of Federal Claims (1989); U.S. Supreme Court (1995).

In addition to organizations mentioned in Honors and Awards, member of, and active in, the following professional or social associations: former member of American Arbitration Association (Board of Directors); AAA National Construction Dispute Resolution Committee (past Chair); American College of Construction Lawyers (former member Board of Governors); International Academy of Construction Lawyers (Board of Governors); International Construction Arbitrators Association, International Mediation Institute (IMI) Certified Mediator; College of Commercial Arbitrators; Allegheny County Bar Association (Construction Law Committee); American Bar Association (Forum Committee on the Construction Industry; Dispute Resolution Committee; Committee on Construction Litigation); International Bar Association; CPR Institute; ICC Court of Arbitration, University of Pittsburgh Panther Club; Wildwood Golf Club; East Liberty Presbyterian Church. In addition, is on the LinkedIn professional network, and generally accepts invitations that are extended to be connected with other professionals.

Has published extensively on various ADR topics. In addition, is a frequent lecturer for the AAA/ICDR and other educational providers. List of recent publications and speaking engagements is available on my LinkedIn site and on my Troutman website CV.

Travel expenses will not be charged for matters in the greater Pittsburgh, Pennsylvania metropolitan area.

Hourly Rate: $1,075.00 Daily Rate: Not provided Study Rate: $1,075.00/hr Cancellation: $8,000.00/Day Cancellation Period: 45 Days Comment: Hourly rate charged for all time associated with the engagement, including administrative & study time, conference calls, travel time, and all other matter-related activities, plus reimbursable expenses. Business class for international travel. First Class travel for domestic flights exceeding 2.5 hours. Hearing days are billed as a minimum of 8 hours. Cancellation policy: If cancelled within 45 calendar days of the hearing, $8,000 per cancelled hearing day charge is due, plus any incurred expenses. May be waived in appropriate circumstances.

English

United States of America

Pittsburgh, Pennsylvania