Experienced construction lawyer familiar with complex contractual and technical issues involving real estate and construction. Fellow, American College of Construction Lawyers. Chair of the Guided Choice Interest Group which focuses on ways to promote early settlements
Over 40 years' experience as a negotiator, contract drafter, teacher, advocate, trial attorney and neutral. Clients representation includes owner/developers, public agencies, architects, engineers, and contractors nationally and internationally. Long time member of CPR's and AAA's Mediation Panels. My mediation style is to confidentially work with the attorneys prior to any public sessions to identify how the mediation process should be designed, including the needs for information exchange, identification of stakeholders needing to be present, form of the session, the role of experts and personality issues. Most mediations are completed in one day. Style as facilitative or evaluative as the situation requires. Client participation and empowerment in the process is paramount. Impasse should be the basis of creative solutions rather than a reason to terminate. My extensive experience as an AAA Large Complex Case arbitrator is useful in helping parties evaluate their positions when that is needed. REPRESENTATIVE SUCCESSFUL MEDIATIONS: Commercial, multi-party, governmental and disputes involving insurance interests. Mediations have occurred prior to and after commencement of litigation. I have also successfully conducted mediations where all activity is by telephone with no public meetings. Mediated a $200,000 dispute between civil engineer and developer of process plant concerning responsibility for changes to site. Parties and attorneys were located in various places in the U.S. and travel cost was a concern. Mediation concluded with use of tele-conferences and no in-person meeting. Mediated a $3 million dispute between the major supplier of gas turbines for electric generators and a public utility concerning issues whether the turbines complied with contract and code requirements.Mediated a $2 million dispute between electrical contractor, general contractor, hospital, and hospital's architect concerning change orders, coordination and delay-related damages. After one-day information exchange, mediation was completed. Mediated $1 million dispute between public utility, piping contractor, and engineer concerning alleged defects in piping used for cooling of large fossil fuel electric generating plant. Mediation completed in one day. Mediated a $2 million dispute between panel manufacturer and curtain wall prime contractor involving concerning contract compliance issues for a large Asian international airport, and a project involving a headquarters building for a Fortune 500 company. Mediated a $1 million dispute between the general contractor and subcontractor involving construction of academic sports facility. Issues involved delays caused by site conditions. Mediation was completed in 1 1/2 days. Mediated an $800,000 dispute between prime contractor, subcontractors, and State of Illinois Capital Development Board concerning delay, loss of efficiency, and change orders on multi-location prison projects. Mediated $500,000 dispute between A/E and municipal owner of baseball park. Mediated many cases involving local public entities, including State and local governments and school boards.Mediated many disputes between owners and architects and engineer, owners and contractors and general contractors and subcontractors involving a wide range of dollars involved.Admitted to the Bar: Illinois, 1965; U.S. District Court: Northern District of Illinois, 1965; Southern District of Michigan, 1996; U.S. Circuit Court of Appeals: Seventh (1965) and Sixth (1992) Circuits; U.S. Supreme Court, 1970.American College of Construction Lawyers (Past Board of Governors;) American Bar Association (Forum Committee on the
Faculty member for training programs of AAA and the CPR Institute. Trained at programs of AAA and CPR.