Mediator Resume

Has devoted professional life to all aspects of the design and construction industry. Beginning with experience as an architect focused on construction delivery methods and then transitioning to the law related to the industry. Prior involvement in associations that serve to better the industry, with both the American Institute of Architects (AIA) and the Association of General Contractors (AGC). Has developed an appreciation and understanding for the distinct roles of each party to the industry. The legal background has focused on the rights, responsibilities, and liabilities of all parties in the industry, and the types of damages that can accrue from those liabilities. Dispute resolution activities combines the acquired skills.

Dennis Bolazina, Attorney at Law; Bolazina, Design and Construction Consultants - Principal

Architect; Attorney

Principal, Bolazina Architects and Consultants, 1972 – Present; Attorney, Sole Practitioner, 1984 – Present; Architect, McMahon Architects, 1971 – 1975.

Professional experience as an architect and attorney in all phases of architecture, real estate development, construction and real estate transactions. Architectural design and legal services for all phases of design and construction delivery of projects that include hotels, hospitals, office buildings, churches, residential condominiums, senior housing, commercial retail and industrial, educational buildings, recreation buildings, multifamily, custom homes, builder homes, additions and defect repairs. Design and consulting experience with high rise projects that include office buildings, hotels, apartments and residential condominiums. Experience as an expert witness, construction manager and owners' representative. Expert assignments include high rise buildings, Casinos, Hotels, and other commercial projects, multi-family and single-family buildings. Attorney for Owners, Contractors, Developers and Design Professionals in the areas of agreements for design and construction and counsel for construction disputes. Experience with Mine Subsidence Claims, ADA, and LEED projects and agreements. Consultant to insurance companies such as Home Owners Warranty, Home Builders Warranty, Residential Warranty Corporation. Consultant to equity partners in $100 million plus developments. Consultant to Owners for preparation of professional design services agreements and construction contract agreements for projects that involve Cost-Plus and GMP construction contracts and audits. Consultant to attorneys regarding building defects and standard of care for architectural services and contractor workmanship, expectations under Desigm-Build and GMP Cntracts. Services rendered as Initial Decision Maker, Project Neutral and independent Fact Finder. Consultant and Ownership Board Member on residential condominium projects. Consultant to real estate landlords and tenants regarding commercial leases, BOMA standards and calculation of usable/rentable areas. Clients include AIG Global Real Estate, Omni Hotels, Resort World and Google. Assisted in the drafting of many AIA form documents, including Insurance, Bonds, Design-Build, Construction Management, Design Management and Owner/Contractor Agreements. Consumer case experiences with telephone bills, equipment leasing, private school contracts, credit repair, auto warranty, and credit cards.

Primary experience as Mediator in the fields of architectural design, professional consultant services and construction delivery, from preliminary design services through warranty services at the completion of construction. Experience with broad range of design and construction delivery contracts, including forms produced by AIA, DBIA, AGC, EJCDC and GSA. Delivery types include Fast-Track, Design-Build, and Performance Design. Handled multi-party disputes, primarily involving general contractors and several subcontractors along with their insurance carriers. Familiarity with various Teams agreements and Joint Ventures, including Public-Private Partnerships. Mediations include disputes concerning the full range of design and construction delivery contracts, including bond and insurance contracts. Appointed to the first mediation panel for the U.S. District Court, Eastern District of Missouri. Arbitrator in several multi-million-dollar disputes involving multiple parties. Case topics for dispute resolution include the issues of copyright, delay, force majeure, acceleration damages, Eickley formula, hazardous materials, work compression, workmanship, standard of care for design, mine subsidence, bonding company liability, and design defects. Building types in dispute resolution include a courthouse building, a Power Generation Station, U.S. Army projects, recreational buildings, public schools, hotels, office buildings, retail projects, high rise condominiums, multi-family, parking garages and federal financed housing projects. Specialize in Contractor/Subcontractor disputes. Also handle small commercial and residential disputes, including foundation defects and repairs, landscaping, and site work issues. Arbitrator for more than 20 HOW residential defect disputes concerning workmanship complaints and structural defects. Former arbitrator for St. Louis Metropolitan Real Estate Board, MOBAR Ethics Committee. Member of the AAA Construction Arbitration Master Panel, International Panel and the Large Complex Case Panel. Member of the American Arbitration Association's National Construction Dispute Resolution Committee.

Record of successful mediations involving owner/contractor, owner/design professional and contractor/subcontractor disputes. In the last five years, success rate is over 80%. Past mediations included federal agencies, State agencies, school districts, and commercial parties. Issues include: architectural standard of care, interpretation of AIA and manuscript contracts, contractor defective work and workmanship, change orders, unforeseen conditions, acceleration and delay damages, eichleay claims, consequential damages and waivers, construction cost auditing, warranty, indemnification clauses, BOMA standards, warranty claims, sale contracts and other service contracts, highway paving specifications, painting specifications, delay, extra work, unforeseen conditions, asbestos, and EIFS. Settled several real estate sales contract disputes and several general contractor/subcontractor disputes.

Mediation should take advantage of the mediator's background in design and construction delivery, and the practice of architecture and the law in the fields of design and construction. My experience in all aspects of design, construction and real estate transactions compresses the time required to frame the arguments and understand the claims. The more successful mediations utilize the mediator's background to test standard of care, workmanship and the interpretation of the design and construction agreements. My approach is primarily to facilitate, but have often been asked to evaluate claims, which I will do upon agreement of the parties. I look for opportunities to be creative in finding resolutions and attempt to create an atmosphere of mutual gains bargaining. Mediation is an opportunity for the parties to either reach an agreement or to better understand the risks of failing to resolve the agreement before trial.

Proficiency with video conference formats, including Zoom, Team and other collaboration software. Have experience conducting both arbitration and mediation hearings using video formats. Experience with Drop Box and other media storage and download formats. Have accessed Project Management programs and use Microsoft programs for Excel, Power Point, and Access. Utilize digital payroll and accounting systems. Prior user of Auto-CAD and continuing use of Auto-CAD reader programs. Use AIA on-line documents software for drafting contracts and AAA web-based case filing and tracking systems.

St. Louis University (JD-1984); Washington University (MA, Architecture-1970; BS, Architecture-1968).

Admitted to the Bar: Missouri (1984). Licensed Architect: Illinois, Missouri. Licensed Real Estate Broker, Missouri (1972).

Member of the American Institute of Architects and served 11-years on the National AIA Documents Committee, Task Group Chairman and Past member of Management Group and present liaison to the Committee; Served on AIA-AGC Joint Council National Committee, Former Board Member of AIAMO; Prior Counsel to AIAMO for legislative and practice matters; member American Arbitration Association National Construction Dispute Resolution Committee (NCDRC); American Institute of Architects, St. Louis Chapter, Board 2020, President-Elect 2023; American Bar Association; Missouri Bar Association; Commissioner, Town & Country Planning and Zoning Commission; Member The Jefferson Society, composed of Architects that are also Attorneys.

Lecturer for AIA and Lorman on AIA contracts. Speaker for AIA Chapter events. Author, fiction, titled Desire, about and architect-attorney in New Orleans.

St. Louis Metropolitan Area.

Hourly Rate: $325.00 Daily Rate: Not provided Study Rate: $325.00/hr Cancellation: $1,300.00/Day Cancellation Period: 4 Days Comment: Minimum assignment is four hours.

English

United States of America

Clayton, Missouri