Professional career as a full time neutral serving on a wide range of construction, complex commercial, energy, and international disputes. Over 30 years' experience in construction and commercial contracts.
Representative sample of mediations:
Mediated case involving general contractor and subcontractor. Parties had an agreement for the Scope of Work for the exterior, shell and concrete work for a commercial construction project. One party alleged breach of contract against the other party. Issues concerned payments made, payment applications, certifications for payment, defects and defective construction, set offs, back charges, progress payments, progress of the work, schedule, delay, damages, termination of contractor, and wrongful termination.
Mediated case involving owner developer and large-scale international contractor. The parties entered into a written agreement for the design and construction of a large-scale telecommunication central facility and television studio. Plaintiff alleged that the Defendant failed to properly design and construct the Project. Plaintiff claimed the Defendant breached the contract. Issues involved related to breach of contract, default, cure, remedies, warranties, parent guarantees, cost of completion, replacement cost, insurance, liability, defective installation, defective product, damages, and replacement contractor.
Mediated case involving Owner and Developer of major international airport in Latin America. Case involved issues of detective construction, failure to comply with plans and specifications, delay, damages, breach, termination, surety and defenses, owner interference, owner coordination. Multi-party, surety, and three different languages. Mediation included in person session lasting in excess of 1 week abroad.
Mediated case involving general contractor and major subcontractor. The parties entered into an agreement for the construction of the shell of a commercial building and for concrete work pursuant to a written Scope of Work. One party alleged breach and default under the contract against the other party. Issues concerned defective work, default, termination, breach, wrongful termination, and damages.
Mediated case involving owner developer and general contractor. The parties entered into a contract for the development and construction of a residential property under $10 million. One party alleged breach against the other after the closing. Issues in the case related to contract interpretation, defects and deficiencies, conditions for closing, conditions surviving closing, default, warranties, defective construction, compliance with plans and specifications, misrepresentations, representations and warranties, and quantification of damages.
Mediated case involving real estate developer and contractor and seller of real estate. Case involved Purchase and Sale Contract where one party alleged breach of contract against the other. Issues related to breach, default, termination, contract interpretation, zoning, compliance, land use, codes and other regulations.
Mediated case between major general contractor and subcontractor. Case involved defective work, defective installation, lack of compliance with plans and specifications, warranties, means and methods, and industry standards. Case involved installation of stucco on the exterior of an entire building and failures, and water intrusion.
Mediated case between general contractor and subcontractor. Case involved development of a shopping center and large retail mall development. Issues in mediation related to failure, compliance with plans and specifications, defective work, warranties, damages, cost to complete, and replacement contractor.