Mediator Resume

Senior construction lawyer, arbitrator, and mediator with over 25 years in construction law, risk allocation, and dispute resolution. Nationally Certified Mediator (NCPM) with more than 60 neutral appointments in disputes valued up to $400 million. Chair of the Construction Law and Warehouse Management Groups at Preti Flaherty. Nationally recognized in EPC contracting, solar and renewable energy construction, warehouse automation, federal construction, and construction ADR. Editor of the ABA's forthcoming Model EPC Contract. Leads Preti Flaherty's firm-wide AI initiatives and lectures frequently on AI in construction risk management. Adjunct Professor of Construction Law and Litigation at Boston University School of Law.

Preti Flaherty Beliveau & Pachios, LLP - Director, Chair of the Construction Law Practice Group

Attorney, Arbitrator, Mediator

Director, Preti Flaherty Beliveau & Pachios LLP, 2011-Present; Officer, Nelson Kinder + Mosseau PC, 2002-2011; Associate, Morrison Mahoney & Miller, 1999-2002; Tax Staff, Arthur Andersen LP, 1998-1999. Adjunct Professor (teaching Construction Law and Litigation), Boston University School of Law, 2015-Present.

CONSTRUCTION, COMMERCIAL, AND EPC Represents general contractors, subcontractors, engineers, equipment suppliers, systems integrators, and owners across design-bid-build, CM, design-build, and EPC delivery methods, with particular depth in EPC contracts, warehouse automation, and federal projects. - Negotiated and reviewed EPC, design-build, and systems installation contracts for solar and renewable energy, power, industrial, and warehouse automation projects valued from $20,000 to $400 million. - Litigated and arbitrated disputes on projects valued up to $400 million, including delay, change order, defective design, termination, performance guarantee, tariff and price escalation, and surety/bond claims. - Leads Preti Flaherty's firm-wide AI initiatives; negotiates contracts and handles disputes involving AI-reliant systems, including warehouse automation and material handling; frequent lecturer on AI in construction risk management. - 15+ years with warehouse management, material handling, and automation systems projects, including systems integration, commissioning and acceptance testing, throughput and performance guarantees, and equipment supply and installation agreements. - Handles Miller Act claims, Davis-Bacon compliance, and FAR/DFARS matters on federal projects. - Handles payment disputes, mechanics' lien enforcement, and prompt pay compliance, including published scholarship on the Massachusetts prompt pay and lien statutes; secured a $17 million payment bond recovery. - Represented ENR Top 10 engineering firm in a $30 million environmental cleanup dispute; handled state bid protests valued up to $32 million. - Editor of the ABA's forthcoming Model EPC Contract; author of the ABA's chapter on Design-Build and EPC Contracting. INSURANCE AND RISK MANAGEMENT - Published and lectured extensively on CGL policies, “Your Work” exclusions, and cyber-fraud risks in capital projects. - Advises on tariffs, material price escalation, and volatility, including contractual tariff recovery strategies. ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE Participated in hundreds of construction and commercial disputes as sole arbitrator, panel member, chair, mediator, or advocate, including more than 60 neutral appointments. Significant experience under AAA Construction Rules, including Large, Complex Case Procedures and Fast Track Rules; panel chair on complex, multi-party matters. PROCEDURAL EXPERIENCE - Managed bifurcated proceedings; conducted hearings of 10+ days; handled interim and emergency relief; issued multiple reasoned awards; ruled on dispositive motions under AAA Rule R-34. - Evaluated expert testimony including CPM delay analysis, cost and damages, engineering and design, and construction defect opinions. - Manages procedurally intensive hearings with voluminous exhibits and hybrid formats; versed in e-discovery and project data review. ARBITRATION SUBJECT MATTER (AS NEUTRAL) EPC and design-build disputes; commercial facilities; multifamily housing; state and federal projects; wastewater and water filtration; environmental remediations; cofferdam installation; power and energy, including solar and renewable; luxury residential; technology, software development, and AI-dependent systems; surety and bond; trade disputes (mechanical/electrical/plumbing, roofing/waterproofing/envelope, scaffolding/formwork) ADDITIONAL SUBJECT MATTER (AS ADVOCATE) University and higher education; healthcare; K-12 schools; condominium defect disputes; warehouse management, automation, and material handling systems (integration, commissioning and acceptance testing, throughput and performance guarantees, equipment supply and installation) MEDIATION EXPERIENCE Nationally Certified Professional Mediator (NCPM). Mediates construction and commercial disputes, including payment, delay, defect, and termination claims, with a flexible approach.

Acted as a neutral in matters involving tens of millions of dollars in claims, often in complex, multi-party contexts. Served as an advocate in dozens of mediations involving amounts up to $20 million, providing a unique perspective on the needs of parties and counsel in the mediation process.

• Complex construction disputes. • Contractual indemnification claims. • Insurance coverage disputes involving construction defects and CGL policies. • Payment bond claims and mechanic’s liens. • Delay claims and project schedule disputes.

My approach to mediation is defined by thorough preparation and creative problem-solving, including pre-mediation discussions with each party. Having served as an advocate in dozens of high-stakes mediations, I understand the practical realities and commercial pressures facing the parties. I believe a mediator must be proactive; I expect not only to be well-prepared myself but for the parties to come prepared to engage in a candid exchange. I combine a facilitative approach to foster open communication with evaluative feedback when necessary to help parties realistically assess their risks. My goal is to use my subject matter expertise to help parties bridge gaps in complex technical or legal arguments, allowing them to retain control over the outcome rather than leaving it to a judge or arbitrator.

Highly proficient in remote dispute resolution platforms. Lectured on “Tips for Remote Arbitration” and “Practical Considerations for Remote Arbitrations” for the Boston Bar Association, and “AI in Risk Management” for Associated General Contractors of Massachusetts. Fully equipped to conduct arbitrations and mediations via Zoom, Microsoft Teams, or hybrid formats. Proficient in AI-assisted legal research and analysis tools. Hands-on AI practitioner: has built and deployed construction-related web tools using AI development platforms and regularly uses autonomous AI agents for research and information gathering.

Boston University School of Law (JD, 1998); University of Rochester (BA, Business Management Certificate, 1995). National Professional Certification in Mediation (NCPM), National Association of Certified Mediators (2025). Harvard University Advanced Negotiation Skills Training (2021).

Admitted to the Bar: New Hampshire (2001), Massachusetts (1998); U.S. District Court: District of Massachusetts (2001), District of New Hampshire (2003).

Associated General Contractors of Massachusetts, Chair of Programming Committee; Associated Builders and Contractors of NH/VT, Member of Programming Committee; Boston Bar Association, Former Co-chair of Construction Law Committee; Massachusetts Bar Association, Former Co-chair of Construction Law Committee.

Publications • ABA Construction Forum – Model EPC Contract (Editor, forthcoming) • Massachusetts Prompt Pay Act and Mechanics’ Lien Statute: Intersection and Implications for Public-to-Private Project Ownership Transfers (law journal article, 2025–2026) • Preti Flaherty Website – More Tariff Volatility: Tips for Implementing a Tariff Strategy, May 2025 • ABA (Construction Forum Book) – Design-Build and EPC Contracting, November 2024 • MCLE (Book) – A Practical Guide to Evidence in New Hampshire (3rd Edition), May 2024 • ABA (Under Construction) – Why Would I Do That? Where The AIA A201-2017 Grants Rights to Third Parties That Don’t Benefit The Owner Or Contractor, April 2024 • ABA – What If We Just Call it Even?: The Right to Offset Debts from One Project Against Monies Owed on Another, co-author, September 2021 • NH Bar News – The Role of the Additional Insured, co-author, February 2021 Speaking • AI in Risk Management, Associated General Contractors of Massachusetts, Fall 2025 • Mastering AIA Contracts, Preti Webinar (with Nicholas Dube), April 8, 2026 • Which AIA Document to Use and When, Preti Webinar, October 8, 2025 • Modifying AIA Contract Documents, Strafford Webinar, September 30, 2025 • Building Excellence, AGC of MA: Building Strong Partnerships: Best Practices for Joint Venture Agreements, September 19, 2025 • Major Tariff Changes Expected April 2: What NECA Contractors Need to Know, Preti Webinar, April 3, 2025 • Blueprints For Growth: Labor, Economics, and Data, AGC of MA, April 2, 2025 • Delay Costs Money, CLE Presentation, 2025 • Executing Profitable Energy Upgrades, Webinar with Jewett Construction, December 11, 2024 • Everything You Ever Wanted to Know About Retainage, Preti Webinar, November 7, 2024 • Key Issues to Look for When Reviewing an Owner’s Amended AIA Contract, Preti Webinar, October 10, 2024 • AIA Contracts vs ConsensusDocs, Preti Webinar, August 8, 2024 • Massachusetts Retainage Act, Preti Webinar, July 11, 2024 • Modifying AIA Contract Documents, Strafford Webinar, March 19, 2024 • AGC of Massachusetts What’s Next Innovation Conference & Expo, Bentley University, February 15, 2024 • Negotiating and Litigating Commercial Subcontract Agreements, Preti Internal Program, December 6, 2022 • Building Excellence Series, AGC of MA and various partner firms, 2018–2023 • Public Construction Forum: Building in Massachusetts, ABC, February 9, 2023

No travel expenses throughout New England.

Hourly Rate: Not provided Daily Rate: Not provided Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English

United States of America

Boston, Massachusetts