Mediator Resume

Offit Kurman, Principal, Chair of the New York Construction Law Practice

Principal and Chair of NY Construction Practice, Offit Kurman, P.A., 2018- Present; Partner, Menaker & Herrmann, 1984 – 2018; Partner, McGarrahan & Heard, 1980 – 1984; Associate, Hughes Hubbard & Reed, 1974 – 1980; Law Clerk to Hon. Sterry R. Waterman and Harold R. Medina, U.S. Court of Appeals Second Circuit, 1973 – 1974; Adjunct Professor, Columbia Graduate School of Architecture, Planning, and Preservation, 2016-Present; Visiting Professor, Pratt Institute, 2022-Present.

Focus on construction law, representing architects, contractors, engineers, interior designers, developers and owners. Experience with drafting and negotiating agreements for all parties to a construction project. Counsel clients on claims involving mediation. arbitration and litigation. Advise as outside counsel on general business matters including corporate structure, shareholder and operating agreements and employment matters.

Member, Panel of Mediators for the American Arbitration Association and the Supreme Court, New York County, Commercial Division. Served as a mediator in more than 80 cases.

Claims have involved disputes between owners and general contractors; contractors and subcontractors; and owners, contractors and architects/engineers. Claims have involved: failure by general contractors to perform; subcontractor non-performance; claims for change order work; improper design by architects and engineers; and claims by owners for delay damages against contractors; claims by owners against architects and engineers for improper facade restoration design and waterproofing details; claims by an architect for additional services due to project delay; claims by a business owner against its landlord for damages arising out of landlord's building renovation, Cases have ranged in value from several hundred thousand to multi-million dollar claims.

The mediation process offers the parties the opportunity to not only make a choice as to how a matter can be resolved, but affords the parties an opportunity to express their views on all aspects of the dispute in question in a somewhat relaxed atmosphere. This, in turn, often helps the parties focus on what is necessary to resolve a matter. As a mediator, I endeavor to give the parties a full opportunity to explore their positions, and I believe it is appropriate for the mediator to challenge each party so that each party will have its claims put to the test in an environment where there is no ultimate decision maker. I therefore encourage participation by the parties and discourage attorneys from acting as they might before a judge or a jury. I do look to counsel to advise their clients of the legal issues which the mediator may address. I also believe that mediation can be effective even if no resolution of the entire matter is possible. Particularly in construction, where there are often multiple issues, the parties may be able to resolve some, but not all, of their claims in a mediation.

Columbia University (JD, Harlan Fiske Stone Scholar-1973); Yale University (BA, History-1968).

Admitted to the Bar: New York (1974); U.S. District Court: Southern and Eastern Districts of New York (1975); U.S. Court of Appeals: Second Circuit (1975).

New York City Bar Association; New York State Bar Association; American Bar Association. Fellow, Construction Lawyers Society of America; New York City College of Technology Executive Council on Design Education and Engagement; Member; New York Chapter, Advisory Board, Society of Design Administrators, Chair; New York Building Congress, Member; Panel of Mediators, American Arbitration Association; Member; Panel of Mediators, Commercial Division of the New York Supreme Court; Member; Board of Directors, Sir John Soane’s Museum Foundation, Former Board Member; Broadway Mall Association, Chair of the Board; Community Board 7, Manhattan, Former Board Member.

PUBLICATIONS: Author "Law for Architects: What You Need to Know" published by W.W. Norton in 2012. Author "Legal Dimension of Practice and Regulatory Agencies’ Role in Control of Design and Practice of Architecture: Managing Risks and Liabilities for Architects chapter," The Routledge Companion for Architecture Design and Practice Author "The Pitfalls of Scope Creep," Architectural Record, January 2012. SEAKING ENGAGEMENTS: "Understanding Issues in Construction Administration," Half Moon Education, (Speaker); “Managing Risk: What You Need to Know,” Architect Lady Networking Group (Speaker); "Managing Risk: What You Need to Know.” LA.IDEA/AIADC (Speaker); "Art of Negotiation,” National Council of Architectural Registration Boards Scholars in Professional Practice Conference in San Luis Obispo, California (Speaker); “Expanding Business Ownership,” Brick & Wonder Roundtable (Panel Member); "10 Provisions Every Owner Architect Agreement Should Include," EntreArchitect (Speaker); "Insurance and Indemnification: Two Critical Issues in Contract Negotiation," Maryland Construction Network's Legal Resource Group (Presenter); "Critical Legal Issues Every Small Firm Architect Needs to Know," EntreArchitect (Speaker); "Design Professional Agreements in Light of COVID-19: what Changes Should be Considered?” ACEC Virtual Construction Business Practice Committee Meeting (Speaker); "Starting Your Own Firm: Challenges, Risks, and Rewards," AIA Tri-State Convention - Albany, New York (Speaker); "Owner-Architect Agreement: Selection and Negotiation of Key Issues at Contract Document Practicum," sponsored by ABC Keystone/AIA PA (Presenter); Design Firm Management in the Gig Economy, New York Build 2019 Expo (Speaker); "Design Firm Management in the Gig Economy," AIA New York State Small Firm Symposium in Rochester and Happauge, New York (Speaker); "Risk Management," National Council of Architectural Registration Boards Scholars in Professional Practice Conference in Washington D.C. (Speaker); "Managing Risk for Architects," Brooklyn AIA Custom Residential Architects Network Knowledge Community Seminar (Presenter); “Transitions: Considerations When the Design Professional is Replaced” and “Avoiding Pitfalls When Doing a Condominium Development," Design Professionals Symposium, sponsored by the Marquis Agency (Panel Member); “Avoiding the Perfect Storm (Minimize Risk During the Design and Construction Process," Power Up Your Practice AIA Continuing Education System Course (Panel Member); “Controlling Risk for Architects," Institute of Classical Architecture & Art (Co-Presenter with John Rusk, Rusk Renovations Inc.); "Eugene J. Mackey Jr. lecture," Sam Fox School of Design & Visual Arts at Washington University in St. Louis co-sponsored by the School of Law (Lecturer); “Managing Risk When Negotiating an Agreement with Your Client," Annual Society for Design Administration Symposium in Nashville, Tennessee (Speaker); "Book Talk: Law for Architects: What You Need to Know," American Institute of Architects - New York, San Francisco, and Los Angeles chapters (Presenter); "Risk Management," New York State AIA Convention (Panel Member); “Managing Risk for Design Professionals," Construction Specifications Institute, Los Angeles Chapter (Presenter); Professional Liability and Management Issues for New Consultants," sponsored by the Professional Practice Committee of the American Institute of Architects, New York Chapter (Panel Member); Numerous Programs (Risk Management, Contract Negotiation, Ownership transition, and Dispute Resolution), New York Chapter of the American Institute of Architects (Panel Member); Has taught Professional Practice classes at City College, University of Pennsylvania, Parsons, the New School for Design, Pratt Institute, New York Institute of Technology, Tulane University, Boston Architecture School and Howard University.

Hourly Rate: $390.00 Daily Rate: Not provided Study Rate: $390.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Willing to serve in Westchester County and Nassau/Suffolk Counties; Connecticut and New Jersey. Will bill from NY City address.

English; Spanish

United States of America

New York, New York