Mediator Resume

Murphy Austin Adams Schoenfeld LLP – Partner

Partner, Murphy Austin Adams Schoenfeld LLP, 1999 – Present; Partner, Diepenbrock Wulff Plant & Hannegan, 1992 – 1999; Associate, Diepenbrock Wulff Plant & Hannegan, 1988 – 1992; Associate, Thelen Marrin Johnson & Bridges, 1984 – 1988; Associate, Monteleone & McCrory, 1981 – 1984.

Almost 40 years of legal practice primarily devoted to construction law matters involving private works projects and local, state and federal public works. Practice has included all facets of construction law representing public and private owners, general contractors, subcontractors, sureties, suppliers and third parties. Experience involves diverse projects including treatment plants, highways, bridges, pipelines, dams, universities, hospitals, tunnels, structures, airports, hotels, power plants, office buildings, dormitories, multi-family housing, roads, wharfs and piers, arenas and stadiums, auto dealerships, casino facilities, and a host of other project types. Values of disputes handled include damage claims exceeding $20 million. Subject matter of engagements concern all aspects of construction law disputes including timing of performance and comprehensive delay analysis, claims relating to lost productivity, mechanics’ liens, stop payment notices, payment and performance bond claims, bid protests, differing site conditions, breach of contract, asserted defects in performance, force majeure, payment disputes, licensing law application, contract interpretation, application of regulations and permits, inspection, land use, lot line issues, and other related aspects. Extensive use of and interaction with subject matter experts.

Since 2005, have been engaged to act as a mediator in more than 150 cases, predominantly focused on construction related matters. Engagements have ranged from two party matters to those involving more than 20 parties.

Contract and commercial disputes, including tort claims, and mostly arising out of a construction project context. Damage claims arising from breach of contract and issues relating to timing of performance, loss of productivity, cost overruns, extra work claims, asserted deficiencies in performance and insurance coverage issues have predominated. Damages claims exceeding $25 million have been successfully resolved.

To provide energy, focus and independent evaluations to all parties and counsel to promote them to achieve consensual outcomes. Strongly encourages all advocates to share mediation briefing in advance to promote pre-mediation caucusing by mediator to occur so that the mediation session is focused on results and outcomes and not mediator education. Time management is essential and allowing all parties communicate is encouraged to enhance process. Immersion into the facts and the legal contentions to provide unfiltered reactions and promote counsel and parties to make informed decisions. If a mediation session does not result in a consensual resolution will attempt to remain engaged to promote a settlement outside the formal session.

Experienced in conducting virtual sessions using Zoom platform and open to doing so.

Hastings College of the Law (JD-1981); University of California at Davis (BA-1978)

Admitted to the Bar: California (1981); various Federal Courts including Boards of Contract Appeals

Legal Advisory Committee and Legislative Committee of Associated General Contractors of California

Hourly Rate: Not provided Daily Rate: $8,500.00 Study Rate: $675.00/hr Cancellation: $8,500.00/Day Cancellation Period: 10 Days Comment: Travel: $500/Day plus Actual Costs Incurred. Cancellation: No cancellation fee if notice of cancellation is beyond 10 days from hearing date; if within 10 days but more than 5 days 50% cancellation; if less than 5 days 100% fee charged but all cancellation fees may be credited to further session if it occurs within 60 days.

English

United States of America

Sacramento, California