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Mediator Resume

Brian K. Carroll, Esq.

Brian K. Carroll, Esq.

Current Employer-Title

Sanderford and Carroll, PC - Managing Shareholder

Profession

Attorney, Mediator

Work History

Managing Shareholder, Sanderford and Carroll, P.C., 2007-Present; Shareholder, Pratt & Sanderford, P.C. (Associate Attorney, 2002-2004; Law Clerk, 2001-2002); Legal Extern, Texas Life Insurance, 2001; Legal Extern, Naman, Howell, Smith & Lee, PLLC, 2001; Legal Extern, McLennan County District Attorney, 2001; Graduate Engineer, Carter & Burgess, Inc., 1999-2000; Graduate Engineer, Turner, Collie & Braden, Inc., 1998-1999; Engineering Tech (I-III), Texas Department of Transportation, 1994-1997 (summers).

Experience

Early in career, employed as a civil engineer on large TxDOT design projects across Texas. Work consisted of schematic design, geometric design, hydraulic/hydrology design for culverts and storm drain system, tolling, congestion mitigation and air quality, scheduling and preparation of Engineer’s estimate for Construction. Extensive field experience with project surveying, layout, photogrammetry and controls for large civil projects. Over 20 additional years of experience in the construction industry, advising and litigating for subcontractors, prime contractors and Owners. Work has involved projects across the United States, Asia and the South Pacific. Projects include roadways, bridges, pavements, tunneling, mass excavation, hospitals, hospitality, warehouses, schools, universities, court houses, stadiums, airports, large residences, dams, water and sewer plants, pipelines, military barracks, target ranges and other military/governmental construction. Work includes advising and representing parties before federal boards of contract appeal, Texas State Office of Administrative Hearings, the Texas Board of Professional Engineers in addition to State and Federal Courts. Work also includes projects involving sensitive and security clearance requirements. Currently serving as co-professor of construction law at Baylor Law School.

Mediator Experience

Has experience in mediating in excess of 750 cases as mediator, primarily in large construction disputes. The disputes have involved projects across the United States and its enclaves on an international basis. Frequently handles multi-party mediations, often with 15+ parties. The largest mediation resolved consisted of over 70 distinct parties. Has been appointed by both state and federal courts as mediator. Has participated in mediation as an advocate for 20+ years as a litigator representing Owners, Prime Contractors, Subcontractors and Design Professionals in multiple states across the United States.

Representative Issues Handled as a Mediator

Construction Defects Payment Disputes Defective Design Issues Scheduling and Inefficiency Claims Miller Act and State Lien/Bond Claims Procurement Disputes Complex Commercial Disputes

Mediator Style & Process Preferences

An evaluative mediator who believes in calling balls and strikes. Believes it is important for the parties to battle test their case with an evaluative neutral so that the strengths and weaknesses of their position may be more deeply explored. An evaluative mediator allows the parties to experience, via an unbiased neutral, the type of questions and thoughts that arbitrators are likely to have when evaluating their case at a final hearing. Expects parties to be prepared and provide a detailed pre-mediation statement along with their damage/counter-damage models for my review in advance of the mediation. Often conducts pre-mediation phone calls to dig into the issues presented and allow the evaluating process to begin in advance of the mediation date. Frequently requests that parties provide their expert reports for review in advance of mediation, given background as an engineer. Seldom holds opening sessions, having found they create more conflicts than resolutions, and distract the parties from focusing upon finding solutions.

Technology Proficiency

Frequent mediation using Zoom which is very effective for large, multi-party mediations. Conducted Zoom mediations with over 60 separate participants (counsel, adjustors, coverage counsel, and litigants). Frequently use Loop-Up and Microsoft Teams. Previously also used GoToMeeting but found Zoom to be a more efficient platform for mediations.

Education

Baylor University - Baylor School of Law (JD - 2002); The University of Texas at Austin (BS, Architectural Engineering - 1998).

Professional Licenses

Admitted to the Bar: Texas (2002) (Texas Board of Legal Specialization in Construction Law, 2017).

Professional Associations

State Bar of Texas; State Bar of Texas Construction Law Section; Bell County Bar Association; American Subcontractors Association; Texas Board of Legal Specialization - Construction Law Exam Drafting and Grading Committee.

Recent Publications & Speaking Engagements

Past Editor, Texas Construction Law Journal for the Construction Law Section of the Texas Bar Association; Texas Construction Law Journal, The Devil is in the Details: Why Delay Damages Are not the only Game in Town and why this Matters in Light of Zachry, 12 Tex. Const. L.J. No. 1, 2015, at 33 (Jul. 2015); Texas Tech Administrative Law Journal, The Road Goes on Forever and the Claims Process Never Ends: An Approach for Success in Handling Texas Department of Transportation Construction Claims, Volume 13, Book 2, Summer 2012; The Road to Nowhere, A Practical Guide to Success with the TxDOT Claims Process, March 2011, State Bar of Texas, Construction Law Section, Annual Continuing Education, San Antonio, Texas.

Compensation

Hourly Rate: Not provided Daily Rate: $7,500.00 Study Rate: $750.00/hr Cancellation: $3,500.00/Day Cancellation Period: 14 Days Comment: Travel Time No Charge for Colorado, Wyoming, Montana, Idaho, and New Mexico. Mediation rates are set based on number of parties according to the rate schedule below. 2 Party Full Day Mediation = $3,800.00 (per party fee) 3 Party Full Day Mediation = $3,500.00 (per party fee) 4 Party Full Day Mediation = $3,250.00 (per party fee) OVER 4 PARTIES = $3,000.00 (per party fee) TEN OR MORE PARTIES = $2,750.00 (per party fee)

Languages

English

Citizenship

United States of America

Locale

Belton, Texas