Mediator Resume

Over 40 years as litigator in construction disputes. Last 10 years devoted exclusively to service as mediator, arbitrator, contractual dispute review board member.

Attorney, Arbitrator, Mediator, Neutral, Dispute Review Board Member

Independent Arbitrator, Mediator, Dispute Review Board Member, 2016 - Present; Partner, Manager NY Construction Group, Schnader Harrison Segal & Lewis LLP, 2008 - 2016; Partner, Sacks Montgomery PC, 1982 - 2007; Associate, Fullerton & Lemann, 1980 - 1982; Assistant Corporation Counsel (NYC), 1978 - 1980.

Litigated complex cases in NY and CA, as well as many jurisdictions across the country (e.g., Idaho, Texas, South Carolina, Florida). Experienced arbitrator of complex construction disputes; mediator of approximately 100 cases during last 10 years; currently a contractual dispute review board member of projects totaling $5 billion Over 40 years of experience in field of complex construction disputes and suretyship law. Extensive involvement as counsel, mediator, arbitrator, dispute review board member in disputes and claims by and against owners, contractors, design professionals and sureties in New York and many other states around the country. Experience includes advice on issues with ongoing construction projects, as well as litigations, arbitrations and mediations involving project delays, warranties, payment and performance bond claims, pass-through and indemnity claims, and scope-of-work disputes. Representative examples of construction projects include cogeneration and nuclear power plants, power transmission lines, parks, museums, military facilities, malls, dams, slurry walls, railroads, marine facilities, paper mills, oriented-strand board mills, resource recovery facilities, process plants, highways, subways, hotels, hospitals, commercial and residential structures and schools.

Mediated numerous public and private construction disputes, including disputes with multiple parties. Examples include 17-party NYC mixed-use high-rise dispute; solar farm malpractice dispute; hospital/contractor dispute; sanitation garage renovation; school construction dispute. Many others.

Typical cases involve contractor-generated claims, e.g. delays, scope changes, extra/disputed work v. owner, often with owner counterclaims for incomplete work, defective work, completion costs, delay/ liquidated damages. Strong experience with and comprehension of complex delay analyses and related sophisticated analytical methods.

General approach is to meet early with counsel jointly, encourage deadlines for counsel prep work, then follow up with counsel separately to define expectations. Early resolution the goal at all times. Style varies as required, but listening and building trust are paramount.

Experienced with Zoom and Teams, virtual sessions are strongly encouraged in pre-mediation sessions. Preference for in-person mediation sessions.

Loyola University College of Law (J.D.-1977); Fordham University (B.A.-1974).

Admitted to the Bar: California (1980-inactive), New York (1978-inactive); U.S. District Court: Southern, Eastern, and Northern Districts of New York, Central District of California; U.S. Supreme Court (2017).

Member: NY Supreme Court, NY County Commercial Division ADR Panel; NY Supreme Court; Kings County ADR Panel; American Bar Association; Bar Association of the City of New York; Early Dispute Resolution Institute; Dispute Review Board Foundation.

Publications: "It's Complicated: Mediating Multiparty Construction Disputes", ABA Litigation (Construction) (Sept. 6, 2019). Speaking: "Mediating Complex Construction & Surety Claims", Philadelphia Surety Claims Association, March 20, 2019.

NYC Metro area.

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Travel in metro NYC not charged.

English

United States of America

Brooklyn, New York