Mediator Resume

Worked in the construction industry throughout entire career with field experience as a laborer/equipment operator, estimator, operations manager and construction arbitrator, mediator and attorney. Served as the General Counsel and Director of Risk Management for a large transportation/heavy highway contractor with diversified interests in commercial building construction and material production. Experience has involved a wide variety of disputes in construction relating to design and construction defects and errors in engineering and architectural services, structural steel, structural concrete, general trades work, large scale site work, geotechnical engineering, infrastructure, energy, roads and bridges and building construction.

Darren J. Duzyk, PLLC - Principal

Arbitrator, Mediator, Attorney, Consultant

Principal, Darren J. Duzyk PLLC, 2005-Present; General Counsel/Director of Risk Management/Corporate Secretary, The Walker Company of Kentucky Inc., 2000-2005; Senior Associate (Construction Practice Group), Stites & Harbison PLLC, 1997-2000; Associate, Spotts Smith & Fain, 1995-1997; Associate, White Peck Carrington, 1992-1995; Former Adjunct Faculty, University of Kentucky College of Engineering.

Experience as a neutral and attorney has involved a wide variety of disputes in construction relating to design and construction defects and errors in engineering and architectural services, structural steel, structural concrete, general trades work, large scale site work, geotechnical engineering, infrastructure, energy, roads and bridges, electrical and mechanical work, finishes and roofing. These disputes were on projects involving the design and construction of energy infrastructure, utility, processing and distribution facilities, large scale civil site work, military and government facilities, roads, bridges, airports, dormitories and collegiate facilities, athletic facilities, schools, courthouses, condominium and apartment complexes, hotels and churches. Also has significant experience with disputes on projects focused on civil and structural engineering, geotechnical engineering, infrastructure work, heavy highway design and construction, grade and drain work and blasting operations. Representations have included a diversified base of owners, general contractors, design-builders, construction managers, subcontractors, engineers, architects, and BIM designers. Also served as an Adjunct Faculty Member in the University of Kentucky College of Engineering's Construction Engineering Management Program and taught Construction Law to masters and doctorate candidates. Projects have ranged in value up to $2B.

Mediated over 80 construction cases involving virtually every player in the construction and design arena on projects ranging from automotive manufacturing facilities, processing and distribution facilities, university academic and residential facilities, power and infrastructure projects, non-profit campuses, private and public high schools, highway bridges, hospitals and medical facilities, VA and military projects and residential and multifamily projects. Have mediated approximately five matters involving business ownership, shareholder and real estate disputes. Has been an active mediator since 2011 with the majority of mediations including three or more parties representing different roles on projects and one mediation included 18 different parties. As an advocate, has participated in mediations of claims for construction defects, workmanship errors, architectural and engineering design defects, code violations, scope creep and scope changes. These mediations were on projects that included the design and construction of automotive manufacturing facilities, processing and distribution facilities, university academic, residential and athletic facilities, public libraries, landfills, infrastructure, power and marine projects, private and public high schools, heavy highway projects, office buildings, hotels, hospitals and medical facilities, and residential and multifamily projects. Disputes ranged from approximately $150,000-$80M.

Construction cases mediated include delay, disruption, impact and scheduling claims, construction defects, workmanship errors, architectural and engineering design defects, code violations, scope creep and scope changes, validity of back charges and contract interpretation. Claims concerned a wide variety of engineering, architectural, site work, electrical, mechanical, structural, general trades, building envelope, fabrication and finishing issues. Commercial cases mediated include business ownership, shareholder and real estate disputes.

Mr. Duzyk’s approach to mediation is much different than most mediators in that he is very straightforward and direct in his communications with the parties and in his assessments. He is an evaluative mediator that understands he does not have the authority or role to decide anything in mediation. But he also understands that by the time parties get to the mediation session, they are ready to get to work and not waste time. His expectations are that parties arrive at the mediation with a full understanding of the issues in dispute and with a willingness to listen and learn with a positive attitude.

University of Richmond (JD-1992; BS, Business Administration-1989); Cambridge University (Certificate in Comparative Law-1990).

Admitted to the Bar: Kentucky (1993), Virginia (1995).

Member, AAA Construction [Large Complex Panel] and Commercial Arbitration Panels; Member, AAA Construction and Commercial Mediation Panels; Member, National Academy of Distinguished Neutrals Kentucky Bar Association (Construction and Public Contract Law Section); Virginia Bar Association (Construction and Public Contract Law Section); American Bar Association (Forum on the Construction Industry, Section for Dispute Resolution). OTHER: Lexington Catholic High School (Past Chair, Board of Trustees; Chair, Long Range Facilities Planning Committee, Building and Grounds Committee); Lexington Public Library (Past Board of Trustees; Building and Property Committee, Chairman); Traditional Bancorp (Board of Directors; Former member Business Development and Audit Committees); Make-A-Wish Foundation of Greater Ohio, Kentucky and Indiana, Inc. (Past Governance Board and Executive Committee Member; Past Board of Directors, Past Secretary).

Numerous private speaking engagements to engineering and architectural firms on various risk management issues. "Construction Phase Risk Management for Architects", American Institute of Architects, "Raising Awareness of Architects’ Lien Rights" - American Institute of Architects, "Law of Construction Defects & Failures", Halfmoon Seminars, LLC; Speaker, "Construction Contract Workshop", HalfMoon Seminars; Speaker, "Construction Law for Public Projects," HalfMoon Seminars; Speaker, "Pitfalls With Owner Direct Purchases," Construction Law Institute/Kentucky Bar Association Construction and Public Contract Law Section-University of Kentucky College of Law; Speaker, "Law of Construction Defects and Failures," HalfMoon Seminars, LLC; "Public Owner Direct Purchases: Minimizing an Additional Exposure for the Contractor," Under Construction, American Bar Association Forum on the Construction Industry; A Guide to Minimizing Problems Associated with Quarry Operations, Kentucky Crushed Stone Association; Speaker, "Reducing Exposures During Blasting Operations," Kentucky Blasting Conference.

Lexington, KY and Charleston, SC

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: Not provided Cancellation Period: 7 Days Comment: Will charge for actual travel, lodging and meal costs incurred. If mediation is cancelled within 7 days of mediation session a flat fee of $1,000.00 will be charged.

English

United States of America

Lexington, Kentucky