Mediator Resume

Highly experienced complex construction and contracts attorney with over 30 years of experience in advising top fortune 400 corporations on public and private works construction disputes and contract issues. Very experienced construction arbitrator on a variety of high-stakes public and private works disputes.

Watt, Tieder, Hoffar & Fitzgerald, LLP - Managing Partner/Senior Partner

Attorney, Arbitrator, Mediator

Managing Partner (since 2014/Partner, Watt Tieder Hoffar & Fitzgerald LLP, 1998 - Present; Associate Attorney, Booth Mitchell & Strange, 1996 - 1998; Associate Attorney, Stevens Kramer Averbuck & Harris, 1994 - 1996; Clerk, The Hon. Abraham Gorenfeld, 1992.

Primarily engaged in the litigation and arbitration of the complex construction issues. Construction practice has focused on representing some of the world's largest contractors and engineering firms and well as prominent general contractors, developers, owners, subcontractors, lenders and sureties in complex construction disputes and litigation throughout the United States. Litigation and project experience: PPP, public and private construction works of improvement throughout the United States including, power plants, solar plants, desalination plants, water treatment plants, wastewater treatment plants, highways, mass transit systems, rail systems, light rail systems, universities, schools, libraries, military facilities and housing, hospitals, high-rise buildings, commercial complexes universities, five-star resorts, international resorts, high-end luxury homes and multi-family developments. Past recent experience includes: (1) lead trial counsel for design-builder of power plant regeneration project - $45 million Federal jury trial verdict against public agency; (2) lead trial counsel for design-builders of multiple public works project with project values exceeding $500 million and up to $1.1 billion; (3) lead trial counsel of developer and manager of international resort concerning partnership and construction defect disputes in excess of $20 million; (3) lead trial counsel of subcontractor in defense of construction claims in excess of $10 million; (4) lead counsel for owner/developer of $136 million mixed-use property in the prosecution of claims for construction deficiencies in excess of $10 million; (5) lead counsel for general contractor prosecuting and defending claims in excess of $36 million on military housing project; (6) lead counsel for contractor on 30,000 sf luxury home with claims in excess of $5 million; lead counsel for homeowner on 35,000 sf luxury home with claims in excess of $20 million.

Mediator for three construction and contract dispute matters that resulted in settlement. Pro-Bono mediator, 2008 to present: Assisting homeowners, contractors, and developers resolve construction disputes with 80 percent success rate.

A good mediation process is one centered on party autonomy and procedural fairness. I see my role as the mediator, first and foremost, to facilitate a candid, robust and respectful exchange of information driving the dispute. Once the critical underlying factual information has been exchanged, I assist the parties to assess their respective legal positions and assess their respective risk to find a pathway to resolution. My level of activism is dictated by the desire of the parties, the nature of the dispute and the dynamics of the mediation. I use a range of evaluative techniques to test whether the proposals (or lack of proposals) are meaningful and calculated to lead to a resolution of the matter. Where substantive knowledge of the dispute and related legal issues are important to the mediation, which is common for complicated construction disputes, I solicit information and position statements in advance of the mediation. As the mediator, I will be well prepared and expect the parties - not just their counsel - to be well-prepared, too.

Familiar with the various online platforms (i.e. Teams, Zoom, LoopUp, GoToMeeting) and willing to conduct arbitration and mediation sessions virtually.

Southwestern University School of Law (JD-1994); University of Southern California, School of Business Administration (B.S., Business Administration - 1991). Pepperdine School of Law Strauss Institute for Dispute Resolution, Mediating the Litigated Case (2010).

Admitted to the Bar: California (1994); U.S. District Court: Northern, Central, and Southern District of California

Fellow, Construction Lawyers Society of America, Associated General Contractors Legal Advisory Committee, American Bar Association; California Bar Association; Orange County Bar Association.

Published Decisions: Amwest Surety Insurance Company v. Patriot Homes, Inc., 135 Cal. App. 4th 82 (2005). Publications: International Construction Disputes - An Overview; Co-Author Chapter 8 - North American Construction Law, Informa Law from Routledge 2024; California Construction Law; Co-Author, HLK Global Communications, Inc. 2013 Speaking Engagements: Numerous speaking engagements, including Key Note Address for AGC Puerto Rico Annual Construction Summit, Construction Superconference, AAA-Construction Conference, ABA Forum on Construction Law and multiple trade organizations.

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: $5,000.00/Day Cancellation Period: 7 Days Comment:

English

United States of America

Irvine, California