Galloway Arbitration, Inc. – President<br/>Pegasus Global Holdings, Inc. – Chairman

Arbitrator, Mediator; Civil Engineer; Consultant to Construction Industry

President, Galloway Arbitration Inc. 2018 – Present; Chairman, Pegasus Global Holdings Inc. 2008 – Present; Stantec Board of Directors, 2020 – Present; Granite Construction Board of Directors, 2017 – Present; Board of Directors, SCANA, 2018 – 2019; US National Science Board, 2006 – 2012; Chief Executive Officer/President/Executive Vice President/Senior Consultant & Project Manager, The Nielsen-Wurster Group Inc., 1981 – 2008; Chief Executive, Nielsen-Wurster Asia-Pacific PTY Ltd., 2001 – 2008; President, Nielsen-Wurster/ESB, 1985 – 1987; Master Program Scheduler/Tunnel Inspector/Program Scheduling/Engineer/Project Engineer, CH2M Hill Milwaukee Water Pollution Abatement Program 1978 – 1981.

Construction<br/><br/>Over 40 years of international experience advising owners, contractors and engineering companies in major US and International Construction Projects regarding project governance, project planning and execution strategies, contract risk reviews and risk management, project management and project control strategies and change management. Has significant experience with megaprojects, EPC projects, and alternative project delivery systems, particularly in the energy industry, petro chemical and process, heavy civil/transportation and heavy industrial process plants.<br/><br/>Served on several Independent Review Panels (IRP) for major infrastructure projects including: Chair of the Program Management Oversight Board of Duke Energy’s Coal Ash Basin Closure Program; Chair of the IRP for the $3.5 Billion Alaska Way Viaduct/Tunnel Project in Seattle, WA; $3.6 Billion Columbia Crossing Bridge in US between WA and OR; and the multibillion Detroit Deep Tunnel Combined Overflow Program.<br/><br/>Substantial experience in analyzing and assessing claims: contract issues (FIDIC, EJCDC, AGC, AIA, Standard Forms and Agreement), Contract Delivery Issues (Design-Build, EPC, P3, Design-Bid-Build), breach of contract, contract interpretation, contract termination, schedule delay/acceleration, cumulative impact, standard of care, productivity/disruption, accounting and financial issues, fees, lost profits, errors and omissions, construction defects, construction failures, engineering issues, delay damages, quantum merit, consequential damages, subsurface utility engineering (SUE), and fraud.<br/><br/>Megaproject Experience<br/>Over 50 nuclear power plants; Darlington Nuclear Plant Refurbishment; Edwardsport and Kemper IGCC plants; Lima, Peru Airport Expansion; Alaska LNG Project; Tsing Ma Bridge, Hong Kong; Tappan Zee Bridge, USA; Crossrail, London; Venice Lagoon Floodgate, Italy; Panama Canal, Panama; Minerva Project, Australia; Sakhalin Pipeline Project, Russia; HBJ Gas Pipeline, India; Anaconda Nickel-Cobalt Refinery, Western Australia; INCO 92 Project, Gas Recompression Plants, Venezuela; Nations Petroleum Steam – Flood Project, United States (California); Singapore Mass Rail Transit, Singapore; Toronto Transit Commission Subway Line Expansion, Canada; Melbourne City Link, Australia; Casecnan Multi-Purpose Project, Philippines; Milwaukee Water Pollution Abatement Program (Wisconsin).

Mediated cases have included construction disputes involving extra work, schedule delay, change orders, COVID-19 related impacts, unpaid invoices, defective work and workmanship issues. Other mediated matters have included unpaid balances on consultant services, lease agreements, employment contracts and termination. Parties have included Department of Transportations, Federated Indian Tribes, State Thruways, General Contractors, Subcontractors, and Engineers. Has also served as a professional engineer and consultant to assist parties in settling disputes that have ended through negotiated settlements without the need for litigation. Served as an expert witness to parties presenting in mediations over a 30-year period as well as working with mediators to assist mediator in understanding issues. Significant experience in the following: construction project management (including critical path method of delay analysis; acceleration; cumulative impact; job cost reporting; productivity, disruption ad measured mile; lost profits; damages quantification including quantum merit, consequential damages, and extended overhead elements; civil engineering; standard of care; contract interpretation; breach of contract; contract termination; subsurface utility engineering (SUE); errors and omissions; and engineering management.

Construction and employment issues. Construction issues: delays and cost overruns.

First and foremost I work to build trust and rapport with the parties to assist the parties to be in the best possible position to resolve their differences. In my opening as well a throughout the mediation my goal is to be a calming presence and to set the parties at ease by creating a safe and optimistic atmosphere. I want the parties to know that everyone needs to be heard and to feel free to talk knowing that I will maintain their confidences and will not share with the other party unless agreement to do so is obtained. I recognize there may be issues that involve concerns other than money and look towards ways for the parties to understand their underlying needs working with them to structure settlements that address all their needs. Mediation is both an art and science and as a mediator it is my responsibility to the parties to use all the tools available to me along with my own personal experience and expertise to assist the parties in developing creative and positive solutions to the disputes in issue, including resolving small segments of the dispute along the way. Success in mediation is achieved in knowing I never wavered from my purpose, never gave up, and did everything I could do and say everything I could say to support the parties that depended on me to resolve their differences.

Kochi University of Technology, Japan (PhD, Civil Engineering-2015); New York Institute of Technology (MBA, Finance-1984); Purdue University (BS, Civil Engineering, Major in Construction Management and Structural Design-1978).<br/><br/>Pepperdine University School of Law Straus Institute for Dispute Resolution (Certificate in Dispute Resolution-2013); Jesus College, Oxford (International Commercial Arbitration-2015).

Climate Leadership Certification (Diligent Institute); Board Certified (NACD); Diploma in International Commercial Arbitration (CIArb); Project Management Professional (PMP), Project Management Institute (PMI); Certificate of Director Education (NACD); AACEi Certified Forensic Claims Consultant (CFCC); International Registry of Professional Engineers in the discipline of Civil Engineering, Construction Management by the United States Council for International Engineering Practice (USCIEP). <br/><br/>Registered Professional Engineer: Wisconsin, New York, Arizona, New Jersey, Wyoming, Florida, Washington, Colorado, Kentucky, Pennsylvania, Georgia, Kansas, Ohio, New Hampshire; and Mississippi. <br/><br/>Chartered Engineer: Province of Manitoba, Canada, Australia.<br/><br/>Certified Examiner, National Council of Examiners for Engineering and Surveying (NCEES).

Past Board Member (2010-2020), Past Chair of the National Construction Dispute Resolution Committee, American Arbitration Association; Fellow, College of Commercial Arbitrators (CCA); Fellow, Chartered Institute of Arbitrators; Arbitral Women; National Academy Distinguished Neutrals; International Bar Association; American Bar Association; InterPacific Bar Association; Dispute Review Board Foundation; National Leadership Fellow, NACD; Women Corporate Directors; Fellow, American Association of Cost Engineers; American Nuclear Society; Fellow, American Society of Civil Engineers (ASCE-Past President); Fellow, Institution of Civil Engineers (ICE,UK); Fellow, Engineers Australia; Japan Society of Civil Engineers; Project Management Institute (College of Scheduling, Past Board Chair); Past Chair Society for Social Management Systems (SSMS, Asia); Professional Member of the Royal Institute of Chartered Surveyors (RICS), Risk Management and Project Management Colleges.

Select Speaking Engagements: <br/><br/>Panelist, “ESG is Here to Stay”, Diligent Institute, webinar, February 6, 2023; Speaker, “ICC Institute Advanced Training on Dispute Boards”, ICC, September 29, 2022; Panelist, “Effectively Managing Your 200 Claim Construction Arbitration” (Virtual), ICDR Y&I-International Construction Arbitration Series, September 8, 2022; Panelist, “The Psychology of Disputes,” Society of Construction Law (SCL), Annual Conference, July 8, 2022; Panelist, "Psychology of Disputes", SCL Annual Conference, July, 2022; Panelist, "Can We Reach a Fair Settlement?", Panelist, “Climate Change and Greener Arbitrations,” (Virtual), New York State Bar Association, September, 2021; Panelist, “International Construction Arbitration: A Comparative Law Update from the US, Europe and Beyond” (Virtual), NYIAC, July 2021; Panelist, “How to Efficiently and Effectively Handle Construction Disputes in the New Normal,” Annual U.S. Construction and Engineering Conference (Virtual), Hogan Lovells, May 2021; Panelist, “Tips for Non-Lawyer Arbitrators,” American Arbitration Association 2021 Panel Virtual Conference, March 2021; Panelist, “So You Want to be an Arbitrator,” Society of Construction Law (SCL) and the American Arbitration Association online seminar, February 2021; Panelist, “Can We Reach a Fair Settlement,” Construction Owners Association of America online seminar, February 2021; Panelist, “So You Want to be a Mediator,” Society of Construction Law (SCL) and the American Arbitration Association online seminar, December 2020; Panelist, “Career Paths of Women in International Construction Arbitration,” Young & International Group-ICDR Webinar Interview Series, October 2020; Instructor, “Writing a DB Recommendation from the Perspective of a Prior Expert Witness, Arbitrator and DB Member,” DRBF Connections Conference 2020, Master Class in Decision Writing Techniques for Dispute Board Practitioners, October 2020; Online Webinar with Eric Schatz, AAA, January 2020; Panelist, "How Arbitrators Evaluate the Testimony of Schedule and damage Expert", Construction SuperConference, Ranch Palos Verde, CA, December 2019; Panelist, "Horses for Courses: Effective Use of Different ADR Mechanisms in the Energy Sector", CPR Canada Conference, Calgary, October 2019; Panelist, "Arbitration-Best Practices, Hot Topics and Insights from the Panel", ABA Webinar, ABA Section of Litigation, October 2019; Panelist, "Contract Drafting to Minimize and Resolve Disputes", NW Dispute Resolution Conference, Seattle, WA, March 2019; Panelist, "International Construction Arbitration-Mega Projects", iLaw2019, Miami, FL; Panelist, "How Arbitrator's Evaluate the Testimony of Schedule and Damage Experts", Construction Superconference, Las Vegas, NV, December 2018; Panelist, "After the Dispute Dust Settles: Exploring Common Causes and Cures of Megaprojects", SCL Conference, Chicago, September 2018; Panelist, "The Use of Institutions in International Arbitration", Western Canadian Commercial Arbitration Society Conference, Calgary, Canada, May 2018; Panelist, "What Arbitrators Think About Schedule and Delay Experts", AAA 2018 Construction Conference, Santa Monica, CA, March 2018; Panelist, ""International Arbitration Awards-Examining and Discussing the Drafting of International Awards and Data from a Review of ICDR International Awards, iLaw2018, Miami, FL, 2018.<br/><br/>Select Publications:<br/><br/>“Why First-of-a-Kind Technology Disputes in Energy and Construction Projects are Challenging to Decide,” New York Dispute Resolution Lawyer, July 2022; “Presenting Delay Evidence from an Arbitrator’s Perspective,” Dispute Resolution Journal, Vol. 74, Issue 3, 2020; “International Construction Arbitration from an Arbitrator’s Perspective,” Chapter 13, Dealing with Delay and Disruption, Thompson Reuters, First Edition, 2020.

$6,000 Per Day

English

United States of America

Cle Elum, WA