Mediator Resume

Di Gioia Berger, LLC - Partner

Attorney, Arbitrator, Mediator

Partner, Di Gioia Berger LLC, 2022 - present; Partner, McElroy, Deutsch, Mulvaney & Carpenter, LLP, 2010 - 2022; Partner/Associate, Pepe & Hazard LLP, 1997 - 2010; Associate, Garcia & Milas, 1994 - 1997.

Mediator and arbitrator in proceedings involving a range of business disputes including complex design and construction issues. As an advocate, representation of contractors, subcontractors, construction managers, designers and owners in all manner of disputes and transactions arising in the design and construction industry. Representative projects include public and private laboratories, convention centers, hospitals, university facilities, power plants, water pumping stations, highways, bridges, science center, government office buildings, retail, schools and hotels. Prepares, prosecutes and defends claims on large and complex private and public construction projects. Prepares, prosecutes and defends claims against surety bonds, including payment and performance bonds. Prepares, prosecutes and defends against mechanic's lien on large and complex construction projects. Prosecution and defense of bidding disputes on public construction projects. Prosecution and defense of wrongful termination claims brought by contractors and design professionals. Prosecution and defense of condominium defect cases and other claims under the Common Interest Ownership Act. Preparation and review of contract documents for projects of all sizes, including many projects exceeding $50 million. Prosecuted administrative proceeding before various boards and agencies. As an advocate, successfully litigated several complex design and construction disputes in state and federal courts. As an advocate, successfully arbitrated several complex design and construction disputes under the American Arbitration Association Construction Rules. As an advocate, successfully mediated several complex design and construction disputes. Appellate practice before the Connecticut Supreme Court, Connecticut Appellate Court and Federal Circuit Court. Between 1987 and 1991, held mechanical engineering positions in areas of plumbing, heating ventilation and air conditioning and manufacturing.

Mediated several complex large value construction disputes involving contract disputes and design and construction defect claims. Mediated several professional services disputes of varying sizes.

Mediated a broad variety of complex construction and design disputes involving various issues including breach of contract, delay, design and construction defect. These disputes typically involve a number of complex technical/engineering and contractual issues. Mediated condominium disputes arising under the Common Interest Ownership Act and disputes arising under the Home Improvement Act. Mediated several professional fee disputes regarding value of services.

Mediation is an opportunity for the parties to conclude their dispute in a manner that benefits all parties. Through frank and confidential discussions with the parties, a mediator can help the parties identify opportunities for resolution which are superior to the outcome that would likely result from formal dispute resolution in arbitration or litigation. My approach is primarily to facilitate and encourage the parties' efforts to resolve their disputes through a discussion of their objectives and circumstances. With the agreement of the parties, I will confidentially evaluate issues within the scope of my experience when it is likely to promote a reasonable settlement.

Strong technical mathematical and computer skills. BS degree in mechanical engineering. Extensive experience resolving engineering and architectural issues, as a construction attorney.

Clarkson University (BS, Mechanical Engineering-1987); University of Connecticut (JD-1994).

Admitted to the Bar: Connecticut (1994); New York (1995); Massachusetts (2009); New Hampshire (2013); Vermont (2017); U.S. District Court: District of Connecticut (1995); Southern District of New York (2010); District of Massachusetts (2012); District of New Hampshire (2014); Western District of Wisconsin (2014); U.S. Court of Appeals, Second Circuit (1996); U.S. Court of Federal Claims (2004).

American Bar Association, Forum on the Construction Industry; Connecticut Bar Association, Construction Section Executive Committee and ADR Section Executive Committee.

- A Practical Guide to Arbitration in Connecticut (Speaker)(2019)(Connecticut Bar Association); - Fifty State Construction Lien and Bond Law, (Book - Author of Connecticut Chapter and supplements)(1998-2022)(Aspen Publishers); - State-by-State Guide to Architect, Engineer, and Contractor Licensing (Book - Author of Connecticut Chapter and supplements)(1998-2022)(Aspen Publishers); - State by State Guide to Construction Contracts and Claims(Book - Author of Connecticut Chapter)(2005-2022)(Aspen Publishing); - Practical Steps to a Comprehensive Ethics Program (Article - July 28, 2008)(Engineering News Record); - Connecticut Construction Guidelines (Book - Contributing Author)(2011)(Connecticut Building Congress and American Institute of Architects Connecticut); - Construction Law Update (Program Moderator)(2010)(Connecticut Bar Association Construction Section).

No travel fees within thirty minutes of neutral's office.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr 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

Durham, Connecticut