Mediator Resume

Over 35 years of collective experience both in the field working on construction projects as well as serving as a construction consultant, testifying expert, mediator, arbitrator and project neutral. Retained by multiple private owners, public agencies, sureties, insurance carriers, architects, engineers, developers, construction managers, general contractors and subcontractors to provide a wide range of ADR, consulting and expert services on hundreds of public and private projects with construction costs totaling billions of dollars.

J.S. Held LLC - Senior Vice President

Arbitrator, Attorney, Consultant, Expert Witness, Mediator, Project Neutral & Owner Representative

Vice President, J.S. Held LLC, 2019 - Present; President, Tomeo ADR Inc., 2015 - 2019; Member, Benchmark Consulting Services LLC, 2000 - 2019; Sage Construction Consulting, 1994 - 2000.

Senior Vice President of J.S. Held LLC providing construction consulting, owner's representation and expert witness services as well as serving as an arbitrator, mediator and project neutral. Previously a partner of Benchmark Consulting Services, LLC and managed Benchmark’s California operation. Worked part-time in various construction trades while completing high school, college and law school. Over 35 years of collective experience both in the field on construction projects as well as serving as a construction consultant, testifying expert, mediator, arbitrator and project neutral. Retained by multiple private owners, public agencies, sureties, insurance carriers, architects, engineers, developers, construction managers, general contractors and subcontractors to provide a wide range of ADR, consulting and expert services on hundreds of public and private projects with construction costs totaling billions of dollars. Retained as an expert in construction related disputes and has defended and prepared multiple construction related claims. Has acted as a liaison between project owners and contractors to resolve construction disputes and has served as a project manager on numerous construction projects. Relevant experience includes matters involving construction defects, unforeseen conditions, design errors and omissions, change order claims, delays and disruption claims, schedule impacts, acceleration, lost profits, extended general conditions claims, home office overhead claims, out of sequence work, wrongful termination, replacement costs, liquidated damages claims, overpayment, contract accounting, water damage and mold, asbestos abatement, breach of contract, cardinal change claims, fraudulent change orders and billings, hazardous conditions, noise abatement, labor inefficiencies, material escalations, geotechnical issues, performance and payment bonds, mechanic's liens, stop notices and contractor’s license issues including claims of disgorgement. Broad project experience including government buildings, military facilities, airports, hotels, hospitals, churches, bridges, highways, pipelines, wastewater treatment plants, telecommunications, K-12 schools, community colleges, universities, performing arts, science and engineering facilities, subdivisions, single family homes, large custom homes, condominiums, apartments, low-income housing, office buildings, parks, libraries, retail spaces and commercial property.

Has served as a mediator focusing exclusively on construction related disputes. Has mediated both two-party cases and multi-party cases on numerous complex construction matters with damages claims in the billions of dollars involving construction agreement disputes, construction defects, change order disputes, overpayment, delay and disruption claims, scope disputes, schedule delays, acceleration claims, wrongful termination, extended overhead, geotechnical, unforeseen conditions, surety, insurance coverage issues, costs to complete, design errors and omissions, abatement, water intrusion and sound mitigation. Has mediated cases including both public and private projects with multiple delivery methods such as design-bid-build and design build. Representative project types include single family custom homes, condominium projects, high-rise buildings, wastewater treatment plants, K-12 schools, university buildings, solar farms, highways, hotels, restaurants, underground utilities, churches and tenant improvements. In addition to conducting private mediations, has provided pro-bono mediation services for the Orange County Small Claims Court.

Mediated numerous construction related matters involving claims of construction defects, unforeseen conditions, design errors and omissions, change order claims, delays and disruption claims, schedule impacts, acceleration, lost profits, extended general conditions claims, home office overhead claims, out of sequence work, wrongful termination, replacement costs, liquidated damages claims, overpayment, contract accounting, water damage and mold, asbestos abatement, breach of contract, cardinal change claims, fraudulent change orders and billings, hazardous conditions, noise abatement, labor inefficiencies, material escalations, geotechnical issues, performance and payment bonds, mechanic's liens, stop notices and contractor’s license issues including claims of disgorgement.

Provides an evaluative approach to mediation to assist parties in better understanding the strengths and weaknesses of their respective cases. As a licensed attorney, construction consultant and construction expert for decades, a unique skill set has been developed to assist in construction related disputes. Although the parties ultimately control the process, construction related disputes are better served by a mediator that has subject matter expertise. Mediation briefs are typically required in advance of the mediation. Will invest time before the mediation to understand the specific issues in dispute and typically conducts pre-mediation calls with counsel before the mediation to better understand the dispute and details that may not be included in the briefs. Will work tirelessly to explore all settlement options and will use industry knowledge and prior experience to ensure that the process is not simply shuttling of numbers between the parties. Even if the case does not settle at the mediation sessions, will continue to work with the parties after the mediation in order to try to settle the case.

Proficient in Zoom and Microsoft Teams for virtual mediations and evidentiary hearings in arbitration. Available for virtual, in-person and hybrid evidentiary hearings.

California Western School of Law (JD - 1994); University of California, San Diego (BA - 1991). Strauss Institute for Dispute Resolution - Pepperdine School of Law, Mediating the Litigated Case (2015); Straus Institute for Dispute Resolution - Pepperdine School of Law, Mediating Complex Construction Disputes (2015).

Admitted to the Bar: California (1994).

American Arbitration Association; American Bar Association (Construction & ADR Forums); Associated General Contractors (Legal Advisory Committee); National Bond Claims Association; Orange County Bar Association; Surety Claims Institute.

Within 200 miles one-way from downtown Los Angeles.

Hourly Rate: Not provided Daily Rate: $10,000.00 Study Rate: Not provided Cancellation: $5,000.00/Day Cancellation Period: 5 Days Comment: Mediation Cancellation Policy: If a scheduled mediation is cancelled or rescheduled within five (5) business days of the mediation date, the mediator reserves the right to charge a cancellation fee equal to one-half of the minimum mediation fee for the time reserved. This policy applies regardless of settlement. No cancellation fee will be charged to the extent the mediator is able to reassign the reserved time. All fees will be billed through the AAA. No charge for study time or post-mediation follow-up. $7,500 for half-day mediations. No charge for travel time to any state. Travel expenses will be charged as follows: 1) mileage at IRS rate for any travel less than 200 miles one-way from Los Angeles; 2) coach air fare and hotel costs for any travel over 200 miles one-way from Los Angeles.

English

United States of America

Newport Beach, California