Partner, Giselle Leonardo P.A., 2000-Present; Corporate Counsel (Multi-National Energy Company $10 billion), 1998-2000; Corporate Counsel International Development (Multi-National Energy Company $5 billion), 1997-1998; Corporate Counsel (Multi-National EPC Turnkey Contractor $2 billion), 1994-1997.

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.

Construction Disputes:
-Infrastructure (Heavy Highway, Bridges, Dams, Airports, Transportation)
-Commercial (Retail, Mixed Use, Hospitality, Large Scale Residential, Office, Vertical)
-Termination Issues: Convenience, Termination for Cause, Substitution of Contractor
-Condominium Association and Homeowner’s Association: Defects and Deficiencies
-Defect Cases
-Breach of Contract and Default
-Warranties and Warranty Claims
-Damages Issues: Cost of Completion, Delay Damages, Liquidated Damages, Lost Productivity
-Defects and Deficiencies
-Compliance with Plans and Specifications, Code, Engineering and Technical
-Attorney’s Fees
-Insurance, Insurers, Insureds, Surety
-Florida Construction Law Cases (Fla. Stat. §558 Defect Cases) (Fla. Stat. §627 Insurance) (Fla. Stat. §713 Lien Law) (Fla. Stat. §718 Condo Association)

Complex Commercial Disputes:
-Representations and Warranties
-Shareholder
-Consortium
-Joint Venture
-Buy-Sell
-Financial Instruments, Financing, Lender Issues
-Real Estate and Development, Zoning, Permitting
-Intellectual Property Licenses, Transfer of Technology
-Distribution
-Franchise
-International Mediation
-Multiple Language Mediation (Spanish, Portuguese, French)
-Cross-Cultural Mediation

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The mediation process belongs to the parties. The Mediator is a tool or a facilitator of that process. The approach will vary depending on the needs of the parties. The goal of mediation is to be of benefit to both the counsel and the parties whether that is reaching ultimate resolution to all of the issues in the case, some of the issues in the case, or facilitating the flow of information which may enable or assist the parties to better evaluate the case for settlement at another point in time or proceed to trial or hearing on the merits. The process really belongs to the parties, and each mediation can be individually tailored to the needs of the parties depending on the unique circumstances surrounding each case. There is no one set way that a mediation must proceed, and the key is to remain flexible, creative, open minded and to add value to the parties by a fair and impartial process.

As a Board-Certified Construction Attorney and a Certified Circuit Civil Mediator, my goal is to serve the parties and their counsel in their specific goals for the mediation.

Pursuant to the Florida Court Rules for Certified and Court-Appointed Mediators, the Florida Statutes governing Mediation, and the Mediator Ethics for Certified and Court-Appointed Mediators, all matters relating to the mediation are confidential, including the participants. Pursuant to the various rules for Federal Court Mediations in various States and Districts, all matters relating to the mediation are confidential. If a potential party to a mediation wishes to check references, that will be handled upon request, on a case-by case basis. Prior written consent must be obtained from the party(ies) to the previous mediation, prior to releasing that party’s name.

Admitted to the Bar: Pennsylvania (1991), Florida (1999); U.S. District Court, Western District of Pennsylvania (1991); U.S. Court of Appeals, Third Circuit, (1991); Certified Circuit Civil Mediator Florida (2005); Board Certified Construction Attorney Florida Bar (2006).

ARBITRAL INSTITUTION PANEL MEMBERSHIPS

AAA Roster: Construction Panel; Energy Panel; Large Complex Case Panel; Commercial Panel
International Center for Dispute Resolution (ICDR)
Hong Kong International Arbitration Center - HKIAC (Hong Kong) – Member of the International Panel
London Court of International Arbitration – LCIA (London) - Member of the List of Neutrals
Kuala Lumpur Regional Centre for Arbitration – KLRCA (Kuala Lumpur) – Member of the International Panel
International Institute for Conflict Prevention & Resolution CPR (New York): International Panel; Energy Panel; Construction Panel; Corporate/Finance

PROFESSIONAL ASSOCIATIONS AND SERVICE

Florida Bar Association
-International Law Section – Steering Committee Member 2015, 2016, 2017
-International Law Section – Faculty of the International Law Certification Course 2006, 2007
-Construction Law Committee of RPPTL – Faculty & Steering Committee of the Advanced Course and Construction Law Institute 2014, 2015, 2016, 2017
-Construction Law Committee of RPPTL– Faculty & Steering Committee of Certification Review Course 2008, 2009
-Construction Law Committee of RPPTL – ADR Subcommittee
International Bar Association
American Bar Association
-International Law Section
-Corporate Counsel Section
-Forum on Construction Law
Broward County Bar Association
-Bench Bar Association Speaker multiple times 2005, most recently 2011, 2013, 2015 on Arbitration
-Past President of the International Section of the Broward Bar Association
-Member of the Construction Committee of the Broward Bar Association
-Speaker at Broward Bar Association multiple times, most recently 2012, 2014
Center for Prevention and Resolution of Conflict
Pennsylvania Bar Association
Dispute Resolution Foundation

University of Pennsylvania School of Law (J.D. - 1991); Wharton Graduate School of Business - Selected Courses in Advance Corporate Finance University of Pennsylvania (non-degree MBA 1989-1991); University of Pittsburgh (B.S., Civil Engineering - 1988).

$595 Per Hour

English, Spanish

United States of America

Ft. Lauderdale, FL