Mediator Resume

Rusk Renovations Inc. - President Constructive Decisions, Inc. - President Columbia University - Adjunct Professor in Construction Management

Construction Professional - Construction Company Owner, General Contractor, Advisor to Subcontractors, Construction Consultant; Author - Construction Issues; Arbitrator, Mediator

President, Rusk Renovations Inc., 1985-Present; Adjunct Professor in Construction Administration, Columbia University, 2007-Present.

Construction professional with over 30 year's experience as a contractor, owner's representative and construction manager. An expert in the day to day realities of construction projects with a willingness and depth of dispute resolution experience to work with attorneys to intelligently streamline the process specifically for each case. Experience with high-end residential apartments, both traditional and modern; historic properties; dialysis facilities; high-end retail establishments; medical facilities; brownstones, wood houses, and "country houses"; fire and flood damage; imaging centers with MRI, cat scan, and x-ray; and commercial properties. Specific subject knowledge of demolition, foundation, shoring and structural steel and timber, concrete work, masonry, roofing, framing, gypsum wall board, plastering, decorative plaster, molding, custom cabinetry, stock cabinetry, kitchens, baths, drop ceilings, lighting, plumbing, electrical, stone and tile work, custom furniture, upholstery, glass work, stainless steel work, lighting fixtures and other design elements, air filtration, water filtration, circadian lighting, Wellness. Winner of the Lucy G. Moses award from the New York Landmarks Conservancy for Outstanding Contributions Made in the Field of Architectural and Historic Preservation. Proficient in use of Zoom for virtual hearings.

Involved in over 80 construction mediations and 135 Construction Arbitrations. Each mediation is designed with the collaboration of the attorneys to create a session which has the highest opportunity for success. Premediation briefs and document exchange are usually a part of the mediation, so that the parties understand each other's position by the time we sit down. Arbitrator for American Arbitration Association since 1993. Mediator since 1993. Specific dispute resolution experience as sole arbitrator, chairman of the panel and panel member with pay request, time, change order, project accounting, contract, workmanship, interior design, and decorating disputes. Other disputes include those among owners, general contractors, designers, subcontractors, and architects. Cases range from less than $20,000 to over $10 million. Owner, Architect, Developer, Municipality and Governmental Agency, Private and Public Schools, General Contractor, Subcontractor, Bonding Company, and vendors. Cases involving single family homes, multifamily residential and commercial buildings. Multi-party cases with up to 35 participants in a single mediation session. Cases with two, three, four and five parties. Certified Mediator, International Mediation Institute.

Representative issues include: construction accounting, quantum merit, unjust enrichment, unknown subsurface conditions, accusations of fraud, multiple causation issues, unsigned change orders, unsigned contracts, contract interpretation, subsurface water, improper liens, design errors, design professional "standard of care," pay requests, wrongful termination, warrantees, failure to make timely payments, "pay when paid," time keeping, cost plus contracts, schedules, masonry and steel structure, excavation, mold, questions regarding quality of cabinetry, paint, flooring, structure, mechanical systems, architectural, engineering, and interior design. Has particular expertise in emotionally charged issues, especially among parties who had productive relationships at one time.

I first work with the attorneys to establish an objective, business-like relationship with each other. I ask both sides to prepare spreadsheets of their claims and counterclaims with a position paper keyed to those claims with supporting documents attached. I read these position papers carefully and develop a strategy for the mediation session. With both sides well prepared and organized for the session, we work through the dispute quickly, issue by issue. The aim is not to reach agreement during these discussions, but to understand the case from both sides and to have a glimpse of what the case would look like if it didn't settle. The parties are then often separated to make an objective review of their chances on various issues and to make a reasoned settlement offer. Offers are usually exchanged and settlements are usually reached. Being a construction industry insider and a very experienced construction dispute resolution professional, I am able to speak clearly to practical construction reality as to evaluate the pros and cons of a case when asked. I enjoy the process of resolving disputes and have often worked to make it possible for warring factions to resume their business relationships.

Carnegie Mellon University (B, Fine Arts-1984).

Home Improvement Contractor, New York City, 1990-Present.

Association for Conflict Resolution; Painting and Decorative Contractors of America; Better Business Bureau; Remodeler's Advantage; Conseil International du Batiment pour la Recherche (L'Etude et al Documentation); International Mediation Institute (IMI) Certified Mediator.

Moderator: Light and the Living Collection: Designing for Art, Sculpture, and Space” at the Institute of Classical Art and Architecture January 2026 Panelist: I Thought That Was Your Job: The Shifting Roles of Architects, Attorneys, Construction managers & Owner’s Representatives Sponsored by Rusk Renovations at the AIA Brooklyn February 2026 Moderator: Nuts and Bolts of New York II: Working in New York for Designers Sponsored by Rusk Renovations at the Royal Automobile Club, London February 2026 Lecturer: Master Class DLN Risk Mitigation and Conflict Resolution in Design Practice webinar & White Paper January 2026 Panelist: Guardianship of Wealth: A New Era of Security & Risk Mitigation Panelist, sponsored by TPS and Planeta Design Boston Oct. 2025 Lecturer: Calming the Concerned Townhouse Client September 2025 for Douglas Elliman Lydia Sussek Team Lecturer Masterclass: The Nuts and Bolts of Working In New York City, Luxury Property Forum November 2025 Panelist: Illuminating the Evolving Kitchen Landscape” at the Hafele NY Showroom. November 2024 Lecturer: Best Practices for Family Offices Managing Renovations in NYC and its Environs for the New York State Society of Certified Public Accountants, Family Office Group July 2024 "The Benefits of Alternative Dispute Resolution for Resolving Construction Disputes," Rusk Breakell & Eckman, White Paper for New York Dispute Resolution Lawyer, Summer 2011; Faculty, AAA Spring Construction Conference, Mediation: It's Not New, So What's Next?, 2011, Over 10 presentations of Managing Risk for Architects and their Clients, Contractors and Subcontractors since 2006; Co-presenter, "Breaking the Impasse, Moving from Stalemate to Settlement in Mediation," American Arbitration Association, October 2004; speaker, "Ethics in Alternative Dispute Resolution," American Arbitration Association, 2002; ON TIME AND ON BUDGET, A HOME RENOVATION SURVIVAL GUIDE (How to make allies of your architect and contractor), Doubleday, June 1996; articles on causes of construction inefficiencies and appearances on the Today Show, Good Day New York, WALL STREET JOURNAL, NEWSWEEK, ELLE DECOR, LADIES HOME JOURNAL; columnist Taconic Newspaper chain.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Cancellation policy: No charge for cancellations.

English

United States of America

New York, New York