Mediator Resume

Smigel, Anderson & Sacks, LLP. - Of Counsel

Attorney

Of Counsel, Smigel, Anderson & Sacks, LLP. 2024 - Present; Founding Partner, Reager & Adler P.C., 1979 - 2023; General Counsel, Pennsylvania Department of General Services, 1975 - 1979; Deputy Attorney General, Pennsylvania Department of Justice, 1972 - 1975.

Over 50 years of experience as a civil trial lawyer, specializing in construction law, representing contractors and owners. Board Certified Civil Trial Advocate, National Board of Trial Advocacy. Practice handles 90% construction claims and litigation. Handles delay and disruption claims, differing site conditions and change orders. Government contracts experience includes representing both prime and subcontractors in bid disputes, contract negotiations and claims involving federal, state and local governments and school districts. Types of projects include airports, convention centers, office buildings, waste water treatment plants, industrial buildings, prisons, schools and hospitals. Mediated and litigated claims involving building information modeling and alternative energy projects. Proficient in the use of virtual hearing platforms.

Mediated in excess of 100 construction cases. These cases have involved the following types of projects: schools; airports; wastewater treatment plants; and office buildings. The value of the claims has ranged from $25,000 to $5 million. Many have involved multiple parties including contractors, subcontractors, suppliers, design professionals, construction managers and owners. Have also mediated claims involving disputes related to oil and gas leases. Mediated claims that involved projects that were designed using building information modeling and claims arising out of the construction of wind power stations.

Issues handled include: mechanical design; delay claims; design professional errors and omissions relating to structural, mechanical and electrical design; scheduling; and terminations for default. Has also mediated cases involving matters related to alternative energy projects, projects that were designed using building information modeling and disputes arising out of oil and gas leases. Has mediated and settled matters with multiple parties a number of which included over 10 parties.

My mediation philosophy is grounded in the concept of principled negotiation championed by professors Fisher and Ury in their book: "Getting to Yes: Negotiation Without Giving In." This means assisting the parties to recast in their own minds the concept of dispute resolution to one of problem solving. Simply because there are conflicting values and conflicting facts does not mean there are conflicting interests. My function is to help the parties appreciate their common interests and work to establish a set of options so that the parties move away from competitive negotiations to cooperative ones.

Pennsylvania State Dickinson School of Law (JD-1972); Pennsylvania State University (BA-1969).

Admitted to the Bar: Pennsylvania (1972), District of Columbia (1979-Inactive); U.S. District Court: Middle (1972) and Eastern Districts of Pennsylvania (2008); U.S. Court of Appeals, Third Circuit (1979); U.S. Supreme Court (1978).

American Bar Association (Forum Committee on Construction Industry; Litigation Section; Alternative Dispute Section); Pennsylvania State Bar Association; Dauphin County Bar Association; Fellow, Litigation Counsel of America: Fellow, Construction Lawyers Society of America.

Co-editor, ANNOTATIONS TO MODEL PROCUREMENT CODE FOR STATE AND LOCAL GOVERNMENTS, American Bar Association; co-author, SUMMARY OF PENNSYLVANIA JURISPRUDENCE 2D, MUNICIPAL AND LOCAL LAW, Lawyers Cooperative Publishing. Assistant Adjunct Professor of Law, Dickinson School of Law of the Pennsylvania State University, 1990-1996; "Construction Law: What Do You Do When...?," National Business Institute; "Construction Claims Against the Commonwealth," OGC University, 2009; "Public Contracts and Procurement Regulations in Pennsylvania," Lorman Education Services, 2006; "AIA Standard Form Construction Contracts," Lorman Education Services, 2004; "Construction Lien Law in Pennsylvania," Lorman Education Services, 2004; "Public Contract Code and Competitive Public Bidding in Pennsylvania," 2004; "Construction Contracting for Public Entities in Pennsylvania," Lorman Education Services, 2000; “Mechanics Liens in Pennsylvania,” Pennsylvania Bar Institute, 2012; “Public Contracting with the Commonwealth”, Pennsylvania Bar Institute, 2014; “The Disappointed Bidder-Protesting an Award of a Contract by a Local Governmental Agency," Pa. Bar Quarterly, October, 2014.

Within 40 miles of Harrisburg, PA

Hourly Rate: Not provided Daily Rate: $4,000.00 Study Rate: $400.00/hr Cancellation: $500.00/Day Cancellation Period: 3 Days Comment:

English

United States of America

Harrisburg, Pennsylvania