Mediator Resume

Clark Hill PLC – Attorney

Attorney

Attorney, Clark Hill PLC (and predecessor firms), 1967 – Present.

Serves as "Of Counsel" in Clark Hill's Construction Practice Group. Has successfully tried multi-million dollar complex construction cases before juries, trial judges, and arbitration panels. Experience in major construction cases involves such diverse projects as transportation systems, manufacturing and processing plants, underground structures, schools and educational facilities, sport stadiums, shopping centers, hospitals, apartment and hotel structures, commercial and industrial buildings, prisons and parking structures. Representative construction litigation and arbitration experience involving large multi-million dollar projects include: Office Building Client: General Contractor Location: Lansing, MI (Construction and design defect claims involving failure of exterior wall system of high rise building, resulting in jury verdict and mediation sanctions in favor of client in excess of $3 million) Automotive Technology Center Client: Owner Location: Auburn Hills, MI (Claim regarding defective phenolic foam roofing insulation and resulting damages) Combined Sewer Overflow Project Client: Design Engineer Location: Dearborn, MI (Claims regarding inadequate geotechnical investigation and defective design of combined sewer overflow tunnel project) Conference & Exhibition Center Client: Architect Location: Detroit, MI (Defective design claim relating to expansion project) Headquarters Building Client: Owner Location: Okemos, MI (Construction and design defect claims involving failure of exterior masonry wall system of office building, resulting in jury verdict and mediation sanctions in favor of client in excess of $8 million) Detroit People Mover Client: Design Professional Location: Detroit, MI (Design defect claim regarding support beams) Regional Correctional Facility Client: General Contractor Location: Detroit, MI (Subcontractor extra compensation claim) Epcot Center - Disney World Client: General Contractor Location: Orlando, FL (Subcontractor extra compensation claim) Plastics Manufacturing Facility Client: Owner Location: Greenville, SC (Claim regarding defective phenolic foam roofing insulation and resulting damages) Office Building Client: Glass Supplier Location: Seattle, WA (Delay and defective fabrication claims involving architectural glass for high rise building) Office Building Client: Owner Location: Detroit, MI (Construction defect claim involving exterior wall system of high rise building) Office Building Client: Glass Supplier Location: Dearborn, MI (Defective fabrication claim involving architectural glass) Automotive Assembly Plant Client: Paint System Subcontractor Location: St. Therese, Quebec, Canada (Delay and extra compensation claims) Apartment/Marina Project Client: General Contractor Location: Detroit, MI (Construction defect, termination for default, delay and performance bond claims - 6 month jury trial) Municipal Incinerator Project Client: Pollution Control Equipment Supplier Location: Macomb County, MI (Claim regarding failure of air pollution control devices for municipal incinerator).

Mediated over 20 construction cases, almost all involving disputes between owners, contractors and subcontractors. These cases have involved projects such as airports, steel fabricating facilities, high rise office buildings, schools, churches, and underground structures. The amounts in dispute have ranged between $200,000 and $5 million.

Construction cases mediated have involved disputes relating to delays, extras, cumulative impact claims, bid errors, ambiguities regarding contractual scopes of work, construction defects and design errors.

Mediation is an effective and cost efficient way of resolving construction disputes. The success of this process is dependent on the parties' willingness to sincerely engage the process and their investigation of the applicable facts (pro and con) before meeting with the mediator. In other words, the parties need to be willing to participate and be sufficiently knowledgeable of their strengths and weaknesses in order for the process to be successful.

Wayne State University (JD, Editor of Law Review-1967); Western Michigan University (BA-1964).

Admitted to the Bar: Michigan, 1967; U.S. District Court: Eastern and Western Districts of Michigan; U.S. Court of Appeals, Sixth Circuit; U.S. Supreme Court.

American College of Trial Lawyers; American Bar Association (Construction Law Committee, Litigation Section); State Bar of Michigan; International Association of Defense Counsel.

Co-author, Michigan Chapter, STATE-BY-STATE GUIDE TO CONSTRUCTION CONTRACTS AND CLAIMS, Aspen Publishers, 2006, updated annually; "Michigan Construction Law," seminar material, National Business Institute and Lorman Education Services, 1988-present; co-author, FIFTY STATE CONSTRUCTION LIEN AND BOND LAW, Aspen Law & Business, 2000, updated annually; co-author, Michigan Chapter, FIFTY STATE PUBLIC CONSTRUCTION CONTRACTING, John Wiley & Sons, 1996, updated annually; lectured on construction law before the Construction Products Council, the Associated General Contractors, the Cambridge Institute, National Business Institute, Lorman Education Services, and the Construction Litigation Superconferences held in New York and California.

Hourly Rate: $350.00 Daily Rate: Not provided Study Rate: $350.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Detroit, Michigan