Mediator Resume

Babcock Scott & Babcock - Shareholder- President

Graduate Civil Engineer; Attorney

Shareholder, Babcock Scott & Babcock (formerly Walstad & Babcock P.C.), 1984-present; Partner, Walstad, Kasimer, Tansey & Ittig, 1982-1984; Attorney, McMurray, McIntosh, Butler & Nielson, 1979-1982.

A Martindale-Hubbell A-V rated attorney with over 45 years of construction law experience representing parties exclusively from the construction industry including owners, general contractors, subcontractors, suppliers, design professionals, sureties, and insurance companies. Experience in both public and private projects ranging in value to over $100 million, including high-rise condos and office buildings, shopping centers, industrial and manufacturing plants, natural gas pipelines, underground utilities, schools, power plants, water treatment plants, fertilizer plants, resort condominiums, apartment complexes, hotels, highways, dams and large excavations, courthouses, data centers, and government installations. Disputes involve interpretation of plans and specifications, bidding issues, construction and design defect matters, change orders, differing site conditions, terminations, delay, disruption, acceleration and payment and performance bond claims. Substantial experience as litigator in arbitrations as well as serving as an arbitrator in arbitration proceedings. Early in my career worked for a national law firm. Practice focuses on disputes in the Intermountain West and to some extent in the Western States.Recipient of the following awards: Outstanding Service to the Utah Construction Industry Award, Associated Builders and Contractors, Utah Chapter, 1994; Service to the Industry Award, Associated General Contractors, Utah Chapter, 1989. Practice Focuses Exclusively on Construction Project Disputes and Claims Resolution.

Mediated numerous construction industry disputes in commercial, industrial and residential projects.

Mediated numerous disputes in the construction industry including change orders, differing site conditions, design errors, delay damages, acceleration claims, defective work claims, payment disputes, scope of work issues, contract interpretation issues, termination issues, payment and performance bond issues, and bidding mistakes and scope of bid issues.

My philosophy is to help the parties in their risk analysis of their position in the dispute. As a mediator I see my role as a sounding board and a reality to check to the parties in providing, if requested, another opinion about the strengths and weaknesses of their case. I am much more of an evaluative mediator rather than a facilitative mediator. I expect the parties to have made a reasonable evaluation of their case prior to coming to the mediation. The biggest stumbling block to a successful mediation is a lack of understanding of the facts so that the parties can work toward a resolution. When parties see the facts totally differently, the mediation process is much more length and may need to be adjourned and reconvened after the parties have spent some more time understanding the facts.

Proficient in use of Zoom and Teams as a tool in the administration of Arbitration and Mediations.

Brigham Young University (BS, Civil Engineering, magna cum laude-1976; JD, cum laude-1979)

Admitted to the Bar: Utah (1979); U.S. District Court, District of Utah (1979); U.S. Court of Appeals: Ninth (1979), Tenth (1979), and Federal (1994) Circuits; U.S. Court of Federal Claims (1979).

Associated General Contractors (Utah Chapter, Legal Advisory Committee; Legislative Committee); Associated Builders and Contractors (Utah Chapter, Past Chapter Counsel; Legislative Committee); Surety Association of Utah; Construction Financial Managers Association (Board of Directors); American Society of Civil Engineers (Utah Chapter); National Society of Professional Engineers (Utah Chapter); American Bar Association (Forum Committee on Construction Industry; Public Contracts Section, Past Chair); Utah State Bar Association (Construction Law Section, Past Chair).

Co-author, HANDBOOK OF CONSTRUCTION LAW AND CLAIMS, 1999; co-author, UTAH CONSTRUCTION LAW, Federal Publications, 1991; co-author, CONSTRUCTION LAW AND CLAIMS FOR UTAH CONTRACTORS, 1988; co-author, PROTECTING YOUR MONEY, EVERYTHING YOU NEED TO KNOW ABOUT UTAH'S MECHANIC'S LIEN LAWS, 2nd ed., 1988, 3rd ed., 2003.

Along the Wasatch Front in Utah

Hourly Rate: $495.00 Daily Rate: Not provided Study Rate: $495.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Time required for study and preparation shall be billed the hourly rate. Travel expenses including transportation, lodging, and meals are billed at cost incurred. Travel time for matters outside of the Wasatch Front in Utah.

English

United States of America

Salt Lake City, Utah