Mediator Resume

Woolford Myer Law, P.C. - Founding Partner & Managing Partner

Attorney

Founding Partner/Managing Partner, Woolford Myer Law, P.C. (formerly Woolford Kanfer Law P.C.), 2006-Present; Adjunct Professor of Law - Construction & Surety Law, Pennsylvania State University School of Law, 2008-Present; Associate, Cohen Seglias Pallas Greenhall & Furman P.C., 2001-2004; Associate, Stevens & Lee, 2004-2006; Associate, Schander Harrison Segal & Lewis, 1998-2000; Associate, Griffin Cochrane & Marshall, 2000-2001; Assistant District Attorney, Chester County Pennsylvania Office of the District Attorney, 1996-1998.

Twenty five years practicing construction law representing clients in all segments of the construction industry, including project owners (public and private), real estate developers, general contractors, construction managers, specialty trade subcontractors, architects, engineers, suppliers and manufacturers in construction-related disputes. Projects have involved every conceivable segment including commercial, industrial, government, institutional, schools, colleges and universities, residential, transportation, water and wastewater treatment plants, retirement communities, heavy highway, health care, warehouses, manufacturing facilities, subdivision, retail, office, multi-family, airports and transportation. Law practice concentrated in representing parties in disputes (mediation, arbitration, litigation) involving construction contract interpretation, construction defects, payment, delays, change orders/scope of work, liquidated damages and other delay damages, construction defects, bidding disputes. Possesses a deep understanding of every aspect of the construction process including estimating, bidding, contracts and subcontracts, the payment process, shop drawings and submittals, construction drawings and specifications, shop drawings and submittals, change orders, CCD’s, ASI’s, work change directives, electronic CPM scheduling (Primavera, MS Project, etc.), payment and performance bonds and mechanics’ liens. Possesses deep understanding of all project delivery systems (design-build, traditional design-bid-build, single prime, multi-prime, etc.). Regularly represents parties in complex construction disputes in state and federal courts of Pennsylvania, New Jersey, New York, Delaware and Maryland, administrative tribunals such as the Board of Claims and Board of Contract Appeals, and in mediation and arbitration proceedings before ADR administrators. Possesses a thorough understanding of construction contracts including all AIA and EJCDC contract documents. Representations in construction cases are too numerous to mention and are in the hundreds if not thousands. They include representation of project owner in dispute with tenant concerning liability for construction cost overruns ($15 million), termination of site work prime contractor on major private development project ($4 million), representation of GC on large public project terminated by public owner ($2.9 million), representation of mechanical contractor on claim against public owner for delays, acceleration and impacts from multitude of changes ($3 million); representation of public owner on major sewer pipeline project in defense of claims by contractor for additional work, delays and disruptions ($1 million); representation of architect terminated by school district alleging professional negligence ($800,000); representation of GC in disputes with private owner and developer of high end restaurant and meeting facilities involving changes orders, liquidated damages and alleged defects ($650,000); representation of subcontractor in mechanics’ lien claim for work performed but not paid ($900,000); representation of civil engineer on claim by prime contractor on waste water treatment project for additional work and unit price adjustment due to variation in estimated quantities ($1.5 million); representation of surety defending claims on payment bond by subcontractor ($2 million); representation of homeowner on claim against builder for construction defects in custom residential home ($200,000).

Has experience as an advocate in over 100 mediations. Extensive training through the AAA on successful mediation techniques.

I have a litigator's philosophy on the proper role of the mediator and use both facilitative and evaluative approaches to mediation. I have 25 years of trial and arbitration experience in high stakes construction disputes in which I have represented owners (public and private), GC’s, CM’s, subcontractors, design professionals and suppliers. My extensive construction law experience enables me to quickly evaluate the relative strengths and weaknesses of each party’s positions. I have a pleasant and welcoming personality that enables me to quickly develop rapport with people of different backgrounds and perspectives. I do not simply pass offers and demands back and forth as so many do. Rather, I roll up my sleeves and take deep dives into the technical and schedule issues often at the core of construction disputes to help the parties realistically assess the case. I have extensive experience with almost every conceivable issue that can arise on a construction project. I don’t have to reinvent the wheel because I’ve been litigated these issues many times. If a settlement agreement cannot be reached on the day of the actual mediation, I will continue mediating via phone, email, or virtual platform in the days or weeks that follow (if the parties are willing) and this often results in a settlement. I believe in-person mediations with all stakeholders present offer the best chance of success, but I have had success with virtual mediations as well and am willing to mediate virtually if the parties prefer.

The Dickinson School of Law (JD-1996); University of Michigan (BA-1991).

Admitted to the Bar: Pennsylvania (1996), Georgia (1997); US District Court: Eastern (1998), Middle (1998) Districts of Pennsylvania; US Court of Appeals: Third Circuit (2009).

American Bar Association (Forum Committee on the Construction Industry, Litigation Section); Lancaster Bar Association; Pennsylvania Bar Association; Associated Builders and Contractors; Mid-Atlantic Builders Exchange (past Board Member); ASA Central PA (past Board Member).

SPEAKING ENGAGEMENTS: “Pay Attention to the Indemnification Clause in the Subcontract” The Contractor’s Compass, March 2019. “Protecting Your Rights for Coronavirus Impacts” The Contractor’s Compass, April 2020. “Know the Basics of Mediation, Arbitration and Litigation” The Contractor’s Compass, August 2018. “Abide by the Subcontract to Preserve Claims and Don’t Release Claims Through Release and Waiver Forms” The Contractor’s Compass, June 2018. “Condition Your Bid for Leverage to Negotiate a Fair Subcontract” The Contractor’s Compass, January 2018. “Use Mechanic’s Lien and Payment Bond Claims to Get Paid” The Contractor’s Compass, June 2017. “The Dangers of Waivers and Releases” Ask an Attorney, Spokesman, June 2016. “Attention Bonded Contractors: Take Steps to Avoid Paying Twice” Quarterly Construction Briefs, September 2014. “Fighting Back Against Liquidated Damages” Construx, September 2014. Ask an Attorney, Merit Shop Spokesman, September 2014. “Purchase Orders and Sales Quotations: Don’t Be Caught by Surprise!” Construx, February 2014. “Understanding Critical Pass-Through Provisions for Subcontractor Claims” Construx, November 2013. “Legal Brief: Protesting Bids on Public Construction Projects” Construx, February 2013. “Legal Brief: Shop drawing and submittal process risks” Construx, January 2013. “Legal Brief: The critical distinction between design and performance specifications” Construx, March 2012. “Exactly what design defects must a bidder search for and disclose pre-bid?” Construx, February 2012. “Most ‘Pay-if-Paid’ Clauses Enforceable Under Recent Federal Court Case” Construx, January 2012. “The basics of delay claims for home office overhead using the Eichleay Formula” Construx. “The Architect’s Duty to Inspect: Exactly What Does It Mean?” Construx. “The Complex Task of Resolving Disagreements on the Meaning of Contract Terms” Construx. “The Doctrine of Substantial Performance” Mid Atlantic BX. “Contractor Alert: The Use of Construction Change Directives as a Tool” Mid Atlantic BX. “Cancelled Projects and the Termination for Convenience Clause” Mid Atlantic BX. “Construction Delays Caused By Weather” Mid Atlantic BX. “What Is the Legal Standard Pertaining to Recovery For Differing Site Conditions?” Associated Builders and Contractors Spokesman Magazine, September 2005. SELECTED SPEAKING ENGAGEMENTS Presenter/Speaker: Fundamentals of Construction Contracts in PA: Understanding the Issues, September and November 2014. Presenter/Speaker: Construction Law: What do You do When Construction Projects Go Wrong, August 2014. Presenter/Speaker: Fundamentals of Construction Contracts in PA: Understanding the Issues, November 2013. Presenter/Speaker: “Understanding Contract Clauses” American Subcontractors Association of Central Pennsylvania, September 8, 2009. Presenter/Speaker: “Certified Payroll Training and Prevailing Wage Issues” Mid Atlantic Builders Exchange, July 17, 2009. Presenter/Facilitator: “Flow Down Clauses, Implied & Express Warranties, Construction Scheduling & Delays” American Subcontractors Association of Central Pennsylvania Contract Study Group, September 6, 2007, January 3, 2008 and May 1, 2008. Speaker and Panelist: “Working With the New Mechanic’s Lien Law: Practical Considerations for Dealing with the Changes” Joint Conference of Mid Atlantic Builders Exchange & American Subcontractors Association, Harrisburg, PA, June 5, 2007. “Regional Construction Summit: Project Documentation.” American Subcontractors Association of Central Pennsylvania, Hershey, PA, October 18, 2006. “The Fundamentals of Construction Contracts: Understanding the Issues in Pennsylvania” Lorman Education Services, Allentown, PA, June 23, 2006. “Comprehensive Construction Law” Lorman Education Services, Harrisburg, PA, May 23, 2006.

Hourly Rate: $395.00 Daily Rate: Not provided Study Rate: $395.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No charge for travel within 75 miles of Lancaster, Pennsylvania.

English

United States of America

Lancaster, Pennsylvania