Education Schedule

Construction Education Brings Litigation, Safety, and Insurance Together Under One Roof

Construction SuperConference is committed to offering enlightening and fully accredited conference sessions led by industry professionals who speak about the most up-to-date topics in the construction industry. During the conference you’ll speak with and learn from like-minded professionals. You’ll hear what’s working for others and any road blocks they’ve encountered.

Below is the education schedule.

All
  • Monday, December 16
  • Tuesday, December 17
  • Wednesday, December 18

Monday, December 16

Monday, December 16, 1:00 PM - 2:30 PM

  • Type: Pre-Conference Seminar
  • Room: Palos Verdes 7

Being an effective leader is not about your title – it’s about your ability to influence outcomes and inspire others. Join New York Times best-selling author, Courtney Lynch as she shares leadership best practices that will allow you to thrive during times of challenge and change.  Focusing on how you can best empower and support the development of women leaders for business success, this practical workshop will add value to both men and women seeking to design, and lead, more effective workplaces.  

Leveraging her diverse personal leadership experiences, and work with clients like Facebook, Google, FedEx and Walmart, the session will explore the mindset and behaviors that allow you to scale your leadership for maximum impact throughout your organization as you build an inclusive culture that supports the success of diverse leaders.

Join other women leaders in the construction industry for this interactive workshop, featuring Courtney’s fun, engaging and candid presentation style ... Read More
Speaker (s)
Courtney Lynch
New York Times Best-Selling Author
Spark and Leading from the Front

Courtney has found success by living her life as a leader. Notable achievements include her nine years of service as a Marine Corps officer, managing a top-notch sales team for Rational Software, earning her law degree at William & Mary, practicing at one of the nation’s leading law firms, and creating Lead Star (www.leadstar.us)-- a premier leadership development consulting firm that works globally with leading organizations. She has also served as an elected official and recently completed a hiatus from her consulting work, during which she served as Chief Operating Officer of a rapidly scaling technology company. Beyond Courtney’s government and corporate accomplishments, she is a business owner, thought leader, and New York Times best-selling author of Spark and Leading from the Front. Her success has been recognized throughout her professional career, but most recently she was awarded the National Stevie Award for Best Female Entrepreneur and ...

Michael Serafino
Chief Compliance & Litigation Officer/Senior Vice President
Lendlease Americas Inc.

In 2010 Michael was recruited by and joined Lendlease -- one of the world's largest and leading property development, infrastructure and construction companies. Michael is based in New York City. Michael has primary responsibility for managing all claims, risk and litigation on behalf of various Lendlease entities throughout the Americas, setting and ensuring delivery of the legal strategy for prosecuting and defending claims impacting Lendlease’s operating business units. Michael also maintains primary oversight for the Company's compliance framework throughout the Region, monitoring the compliance activities of Lendlease’s business units and functions to identify gaps and provide guidance on how to mitigate risk, avoid vulnerability and ensure compliance with applicable laws, contractual agreements and Company policies. Prior to joining Lendlease, Michael was one of the youngest Equity Partners in the 100-year history of the law firm of Schenck, Price, Smith & King LLP, where he served as Co-Chair of the firm’s ...

Sponsored by

Monday, December 16, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 6

Mediation and arbitration have become time honored methods for resolving disputes. However, the success of mediation and arbitration is driven by an understanding of how best to present your case. This program will be presented by three highly experienced attorneys in the Alternate Dispute Resolution arena. The panel will include Deborah Mastin, a respected national mediator, who will provide insights on which strategies work effectively, which do not, and best practices to prepare and present disputed positions in a mediation session. Bill Franczek, an experienced construction arbitrator, will present on effective means of preparing and presenting a case to an arbitrator, from an arbitrator's perspective. Steve Hilger, a national trial lawyer in the construction law arena, will present on the differences of trial vs. arbitration preparation and how best to present a case to meet the needs of the arbitrators, as suggested by Bill Franczek. Each of these three individuals will ... Read More
Speaker (s)
Stephen Hilger
attorney/partner
Hilger Hammond, PC

Steve Hilger is engaged in complex commercial litigation with an emphasis on construction law, has tried many cases in multiple state courts, and has appeared in several state courts of appeal, the Michigan Supreme Court, United States District Courts, United States District Courts of Appeal, the United States Supreme Court on cert, and multiple arbitration tribunals across the country. Steve Hilger has been actively involved mediating and arbitrating construction law and related cases involving Owners, Developers, Contractors, Subcontractors, Suppliers, Architects, Engineers and Consultants in many different Midwest, Southern and Western states as well as abroad. His cases have ranged from simple construction issues to complex commercial, municipal and industrial projects involving breach of contract, payment, lien, bonding, delay, acceleration, compression, interference, indemnity, builder's trust, code compliance, change orders, change directives, material selection, material compliance, scheduling, sequencing, design, design development, default, termination, unforeseen site conditions and a multitude of other construction ...

Deborah Mastin
Principal
Law Office of Deborah Mastin

After a 35 year career as an Assistant County Attorney involved with large public infrastructure projects, Ms. Mastin now is an arbitrator, mediator and dispute board member in the United States and internationally for complex and multi-party commercial disputes arising from the procurement, development, engineering design, construction, and commercial operation of projects including international airports, tunnels, electrical power generation plants, solid waste and water/wastewater treatment facilities, EPC and process plants, marinas, underwater structures, large scale residential developments, hotels, resorts, commercial and retail facilities, highways, tunnels, bridges, schools, remediation of hazardous and contaminated material. Other commercial disputes involved energy distribution and sales agreements, transfer of business ownership interests, software licenses, leases of real property, copyright and patent infringement, film and video distribution, visual art, and government procurement of goods and services. As former Assistant County Attorney for Miami-Dade County and for Broward County, represented public owners in connection ...

William Franczek
Partner
Vandeventer Black LLP

William E. Franczek, Esq. currently is a Partner at Vandeventer Black LLP. 1982-present; Construction Engineer, Stone & Webster Engineering Corporation, 1973-82. Experience Nine years of experience (from 1973-82) in heavy construction, working on three nuclear power plant construction sites. Duties included interpretation of construction plans and specifications, supervision of trades and subcontractors, and administration of a staff of 10 to 15 field and office engineers. Upon graduation from law school, began work with Vandeventer Black, specializing in public contracts and construction law. Significant experience representing contractors, owners and design professionals in disputes involving the federal government, including representation of clients before boards of contract appeals, the U.S. Court of Federal Claims, and General Accountability Office. Experience includes contract drafting, claims preparation, negotiation and dispute resolution (litigation, mediation, and arbitration), bid protests, and general advice. Claims and disputes range from $10,000 to $75 million. Represents general contractors, subcontractors, suppliers, owners, bonding companies ...

Sponsored by

Monday, December 16, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 1

Do architects and engineers, as licensed learned design professionals, owe owners a fiduciary duty to owners and if so what obligations does this entail? An implied fiduciary duty has vast implications for licensed architects and engineers, design-builders, and contractors, and owners. This session will give a 360-degree view on fiduciary duty generally and the implications legal theories regarding an implied fiduciary duty, which have been reported in ENR. The speakers will debate if a fiduciary duty helps or hurts project risk, efficiency, and overall value to the owner.

Upon completion of this session, participants will be able to:
  • Define the elements of a fiduciary duty for design profession in the construction industry, and the ramifications of such duty. 
  • Understand the contractual, statutory, and by conduct, which may give rise to an explicit or implied fiduciary duty for design professionals as well as the countervailing viewpoint. 
  • Understand the implications of a fiduciary duty, but positive ... Read More
Speaker (s)
John Sier
Principal
Kitch

John Sier heads the firm’s commercial litigation practice. With more than two decades of experience, Mr. Sier concentrates his practice on dispute avoidance and resolution of commercial, healthcare and construction contract issues. Mr. Sier is licensed to practice law in Michigan, Iowa, the U.S. District Courts of Eastern and Western Michigan, and the Sixth Circuit Court of Appeals. Mr. Sier is committed to helping businesses resolve their legal disputes without costly and time-consuming litigation, and has received certification as a mediator from the Institute of Continuing Legal Education. In addition to his distinguished legal practice, Mr. Sier is active in a variety of professional organizations. He serves as Director of Christian Legal Aid of Southeastern Michigan and Emeritus Director of the Catholic Lawyers Society and was a founding member of the Board of Trustees for Detroit Cristo Rey High School (DCRHS) and chaired the DCRHS Corporate Work Study Council. Mr. ...

Fred Butters
Attorney at Law
Butters Law

In addition to 27 years of experience as a practicing Attorney, Frederick F. Butters spent nearly a decade practicing Architecture. That tenure as a design professional affords a unique perspective on, and broad insight into the day to day decision making, difficulties and realities that face today's design and construction professional. Drawing on that experience in the design and construction fields, we concentrate our practice in service to those engaged in the design, procurement, construction and maintenance of construction projects of all types. We understand the design professions and the construction industry from the inside, and we bring that understanding to bear for the benefit of our clients. We don't just theorize about how something should be done or should have been done. Instead, we apply actual industry experience to evolving legal issues and offer insightful and useful advice with real world applicability. ...

Eric Singer
Partner
Ice Miller LLP

My practice concentrates in construction law, mechanics liens, litigation and dispute resolution. I negotiate design and construction agreements and litigate disputes concerning all aspects of construction, title insurance, injunctions and use of real estate, as well as other general commercial litigation. I counsel design and construction professionals, owners, lenders, title insurers and other parties in the business of design, construction and improvement of real estate. Recent presentations include risk management programs for the AIA National Convention in Chicago, ACEC programs in Boston, Kona and by webinar, and programs on mechanics liens and a/e licensing for the Society of Illinois Construction Attorneys and IICLE. Recent publications include Green Ache(rs): Insuring your sustainable construction project, Daily Herald Bus. Ledger; A survival guide for zombie construction projects w/ S. Jones, Indiana Lawyer; Special Defenses to Construction Claims, w/ J. Straub, Constr. Dispute Litigation, IICLE; Constr. Litigation, w/ J. Straub, Real Estate Litigation, IICLE; ...

Karen Erger
Sr. VP, Director of Practice Risk Management
Lockton Companies

In her role as Senior Vice President - Director of Practice Risk Management at Lockton, Karen provides risk management education and resources to Lockton's architecture, engineering, and construction clients. Drawing upon her background as a construction lawyer in private practice and a claim supervisor for a major professional liability insurance carrier, Karen develops and delivers risk management workshops and seminars that help Lockton's clients manage the risk inherent in professional practice. Karen is licensed to practice law in Illinois and Iowa, and is a graduate of the University of Chicago (Phi Beta Kappa) and the University of Chicago Law School. ...

Sponsored by

Monday, December 16, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 2

Contractors are often called upon to meet or exceed goals that have been established for projects (public and private) for participation by disadvantaged business enterprises, minority-owned business enterprises, and women-owned business enterprises. Diverse teams bring new thinking, better solutions, and greater value. Attendees will leave with concrete ideas on how to achieve participation goals (or counsel clients to achieve them) and thus make their companies more competitive when participation goals have been established.

Upon completion of this session, participants will be able to:
  • Understand the use of participation goals and how they may impact contractor selection.  
  • Understand strategies for maximizing the utilization of M/W/DBEs for execution of construction contracts.
  • Understand policies and protocols that can be developed and implemented in furtherance of achieving inclusion objectives.
... Read More
Speaker (s)
Cheryl Walker
Of Counsel
Riley Safer Holmes & Cancila LLP

Cheryl D. S. Walker is a lawyer with more than 25 years of experience and practices with Riley Safer Holmes & Cancila, LLP. In her construction practice, Cheryl changes and/or preserves landscapes by working tirelessly with project owners, developers, construction managers, contractors and other purchasers and providers of design, engineering and construction services to construct, renovate and/or enhance built environments by drafting and negotiating a variety of agreements for construction transactions, including architectural, design/build and other construction delivery contracts. Cheryl drafts and negotiates a wide range of commercial contracts that assist clients in achieving operational objectives, including purchase and supply agreements, consignment and bailment arrangements, and logistics contracts. She has documented procurement transactions for various categories of personal property from conventional (e.g., equipment, technology hardware and software, inventory) to unconventional (e.g., metric tons of metal, trees for a national monument site, precious jewels, and a Ferris wheel). ...

Ramona Tumblin-Rucker
Director of Design/Build Construction Management
M Property Services, LLC

Ramona joined the M Property Services, LLC, a real estate development firm, in 2019 and oversees selection of contractors, and the construction and management of their projects. With 25+ years of experience in construction, engineering and project management, Ramona has a proven track record in successfully managing complex, multi-phase, multi-million dollar construction projects. She credits her career and success to a dedication to learning. She received a bachelor’s degree in petroleum engineering at Missouri University of Science and Technology in 1988, as well as master’s degrees in business administration from Oklahoma City University and project management from DeVry University. Ramona recently earned a doctorate in management at Webster University. ...

Rodney Perry
Partner
Riley Safer Holmes & Cancila LLP

Rod Perry is a litigator with over 20 years of experience in a broad range of commercial litigation, class actions, and employment litigation both locally and nationally in state and federal courts, before administrative agencies, and in arbitration forums. He has represented construction lenders, owners, contractors and developers in a variety of commercial real estate and construction disputes, including with regard to construction defect claims, zoning, permitting and land use disputes, lender liability disputes, mechanic's and materialmen's lien disputes, and contract disputes. He has also advised clients regarding litigation risk and exposure and claims avoidance related to a wide range of agreements for construction transactions. ...

Dana Smoot
General Counsel
Smoot Construction

Dana is responsible for leading corporate strategic and tactical legal initiatives. He provides senior management with effective advice on company strategies and their implementation, manages the legal function, and obtains and oversees the work of outside counsel. Furthermore, Dana is responsible for negotiating, writing, reviewing, summarizing, researching, and executing a wide variety of agreements on behalf of the company. He prides himself on the fact that he serves as a resource for the thorough review and assessment of challenges facing individual projects and the company in general. ...

Corey Collins
Associate General Counsel
MasTec, Inc.

Corey B. Collins is associate general counsel at MasTec, Inc., a minority-controlled business enterprise with more than 22,000 employees. MasTec is a specialty infrastructure contractor with an international footprint based in Coral Gables, Florida. As associate general counsel, Corey negotiates complex construction contracts and manages litigation for MasTec and its subsidiaries based in the United States and Canada. ...

Sponsored by

Monday, December 16, 4:00 PM - 5:15 PM

  • Type: Seminar
  • Room: Palos Verdes 6

This session will highlight the role of the arbitrator and what arbitrators expect (and don't expect) from counsel and witnesses during the arbitration process and at the evidentiary hearing. Leading arbitrators will describe how certain actions, decisions, or judgments can produce unwanted or unintentional results in written Orders and ultimately, the Award.

Upon completion of this session, participants will be able to:
  • Determine if you really want your arbitrator to just "figure it out". How insufficient focus on causation and damages may lead to an unexpected adverse decision.
  • Understand how to anticipate and avoid time-wasting non-substantive evidentiary objections.
  • Gain an understanding productive case development through effective examination and cross-examination of witnesses.

... Read More
Speaker (s)
John Bulman
Partner
Pierce Atwood LLP

John E. Bulman has more than 25 years of experience in arbitration and trial matters across the country. He frequently sits as an arbitrator or mediator in large complex cases. John is repeatedly ranked by industry publications as among the top construction and alternative dispute resolution practitioners; most recently honored as Best Lawyers 2019 Construction "Lawyer of the Year" for Providence. John is a Fellow in and Secretary of the American College of Construction Lawyers and a Fellow in the College of Commercial Arbitrators. John is a member of the AAA''s National Mediation, Arbitration, Complex Case, ICDR, and Mega Project Panels. ...

Dr. Patricia Galloway
Arbitrator/Mediator
Galloway Arbitration, Inc.

Dr. Patricia D. Galloway is an international arbitrator with over 40 years of experience specializing in energy and construction matters. She is a Chartered Arbitrator with the Chartered Institute of Arbitrators, a Fellow in the College of Commercial Arbitrators and a member of the National Academy of Distinguished Neutrals. She is a licensed professional civil engineer and holds a Certificate in Dispute Resolution from Pepperdine Law School-Straus Institute, a Diploma in International Arbitration, and is a member of several arbitral institution panels including the ICDR (and its international energy panel), AAA (megaproject, large complex, energy, construction, commercial and Master Mediator. She also serves on the AAA Board of Directors and is a past chair of its National Construction Dispute Resolution Committee. Dr. Galloway has lectured and published numerous articles regarding mediation and arbitration and has received numerous awards including the AAA's Director of the Year. ...

Neal Eiseman
Managing Partner
Goetz Fitzpatrick LLP

Neal M. Eiseman is a partner in the New York City office of Goetz Fitzpatrick LLP. Best Lawyers selected Neal as the 2017 "Lawyer of the Year" in New York City for "Litigation-Construction Law" and for the last three consecutive years Super Lawyers has named Neal as one of the "Top 100 Lawyers" in all categories in the New York metropolitan area. He is an arbitrator on the American Arbitration Association's Construction Arbitration Master Panel and serves as a mediator on the AAA's Master Mediation Panel. He also teaches master courses in construction and negotiation at New York University and Construction Law at Cardozo Law School. He is a fellow and executive board member of the College of Commercial Arbitrators. ...

Albert Bates, Jr.
Partner
Pepper Hamilton LLP

Albert Bates, Jr. is a Partner in the Construction Group of Pepper Hamilton LLP, focusing on the resolution of large U.S. and international construction claims. He has significant experience with megaprojects, EPC projects and alternative project delivery systems, particularly in power generation, infrastructure and heavy industrial process facilities. Mr. Bates has a "Band 1" rating in Construction in Chambers USA and is described as "a very accomplished arbitrator and effective trial lawyer." He is a Fellow of the American College of Construction Lawyers, and he is also recognized as a "Leading Lawyer" in Construction by The Legal 500 and is listed in The Best Lawyers in America and the International Who's Who of Construction Lawyers. Mr. Bates also regularly serves as an arbitrator and mediator on domestic and international construction and commercial disputes and has served as a neutral on more than 150 occasions, including multiple matters in which ...

Michael Powell
Vice President
American Arbitration Association

Michael Powell is a vice president at the American Arbitration Association® (AAA)...the global leader in dispute resolution services, and manages the Los Angeles Regional Office. Powell heads up the AAA Construction Division—western region, with direct responsibility for eleven states in his district. In this role, he interacts with AAA clients who file construction, real estate, and environmental cases and the panelists who serve as arbitrators and mediators in those cases. He also trains new AAA arbitrators and aspiring mediators in basic/advanced arbitration case management techniques and basic/advanced mediation skills. Powell also works closely with construction industry organizations and associations as liaison for the AAA's National Construction Dispute Resolution Committee (NCDRC). In this capacity, he assists the corporate, legal, and public sector communities in educating them on the various dispute avoidance and resolution techniques. His current volunteer service includes a position on the Board of Directors for ...

Sponsored by

Monday, December 16, 4:00 PM - 5:15 PM

  • Type: Seminar
  • Room: Palos Verdes 1

Construction Managers have long enjoyed the protection provided by the Spearin Doctrine to help insulate them from risks associated with design liability. However, through risk transfer provisions, owners can effectively shed design risk and chip away at the Construction Manager's Spearin protections. The transfer of these risks can occur in several ways, some of which are obvious (i.e., Design-Build project delivery) and others which are more covert, including creatively drafted contract provisions or the assumption of design obligations during performance of the work. This session will examine how risk allocation in Design-Build projects differs from risk allocation in more traditional projects, the potential for risk gaps in Design-Build, Design-Assist and Design Delegation scenarios, and risk mitigation techniques and strategies.

Upon completion of this session, participants will be able to:
  • Obtain a critical understanding of how the Spearin Doctrine functions under current case law and in the context of various project delivery methods.
  • Obtain ... Read More
Speaker (s)
Alicia Lopez
Design Director
Flatiron Construction

In her role at Flatiron, Alicia leads the Design Management Group and oversees the design process for the Alternative Delivery Projects across North America throughout the pursuit and post-award stages. Her depth of experience and extensive knowledge in multibillion Transportation DB and Public Private Partnerships (P3) projects from the bid stage to substantial completion has contributed to her expertise in: •Proactive design management •Contract negotiation •Contract management •Risk management •Cost optimization •Design optimizations As a member of the Flatiron Steering Committee for Innovation, Alicia is leading several innovation pilot projects at Flatiron related to the optimization of construction monitoring, schedule optimization and design progress monitoring. Alicia is from Madrid, Spain and has worked on transportation projects in North America, Europe, Asia and the Middle East. She holds two Bachelor of Science degrees in Civil Engineering and Business Administration and Management, and two Masters of Science degrees in Transportation and Public ...

Brian Smith
Special Infrastructure Counsel
Peckar & Abramson, PC

Brian Smith is Special Infrastructure Counsel in Peckar & Abramson's New York office, where he represents a wide range of clients in connection with construction and civil infrastructure projects. With over thirty years of experience in public construction transactions and related contracts, he provides clients with a wealth of expertise in projects related to the development of road, bridge, rail and airport projects. Mr. Smith frequently advises clients involved in major transportation and other civil infrastructure projects in the New York metropolitan area and across the United States. Prior to joining Peckar & Abramson, Mr. Smith served as Attorney with the Port Authority of New York and New Jersey, where he was directly responsible for all aspects of the agency's construction contracts, including advising on contractual and commercial risk, contract negotiation and joint venture contracts. He and his team handled all contract drafting, negotiation, claim avoidance and dispute resolution, and ...

Mark Peterson
Managing Director
Aon Risk Solutions

Mark Peterson leads the Architecture, Engineering and Construction Professional Liability team. He is available to field questions from our clients related to complex project and professional liability issues faced by parties in the construction field and to provide feedback on their possible legal consequences. He is particularly adept at guiding firms through the pitfalls of structuring projects or agreements between owners, contractors, sub-contractors and other project participants. Mark joined Aon in 2014 as a claims advocate and consultant. Before joining Aon, Mark was a partner with Stinson Leonard Street LLP in the firm's Omaha, Nebraska office. He previously was a shareholder with Koley Jessen P.C. in Omaha. While with these firms, Mark was an intellectual property litigator with a national trial and appellate practice representing both defendants and plaintiffs. Mark acted as first-chair in numerous patent infringement cases ranging from fuel injectors to clothing designs. In addition to his IP ...

Greg Goett
Chief Legal Officer
JAG Companies, Inc.

Mr. Goett has spent close to 15 years of practice with a focus on all aspects of the construction industry. He has substantial experience representing general contractors, construction managers, subcontractors, and owners/developers in construction-related matters, including all aspects of construction law, contractual disputes, lien work, bond claims, construction and design defect claims, bid disputes, litigation, and dispute resolution. Greg has litigated cases/issues before all levels of courts, arbitrated disputes nationally, and advocated on behalf of clients using various forms of dispute resolution. He also has broad experience in construction transactional work, drafting and negotiating contract documents for all types of project delivery including, integrated project delivery and other highly collaborative delivery methods, design-bid-build, design build, CM-at-Risk, and other more traditional methods for both public and private projects. Mr. Goett has also worked extensively on surety/insurance coverage issues relating to construction project delivery. He has presented to various industry groups regarding ...

Levi Barrett
Senior Counsel
Peckar & Abramson, PC

Levi W. Barrett is Senior Counsel in Peckar & Abramson's New York office, where he focuses his practice on construction law. Levi counsels clients on all aspects of domestic and international construction projects, frequently working with general contractors and owners to assess and mitigate risk, and to evaluate and negotiate construction contracts. Levi also has extensive experience representing general contractors and subcontractors in complex disputes involving construction inefficiencies, delays, differing site conditions, changes, extra-work, and default claims. He regularly counsels clients on dispute resolution and dispute avoidance strategies. Levi has lectured on strategies for drafting and negotiating construction contracts provisions and is the co-author of a book on the American Institute of Architects' A201-2017 General Conditions. He is admitted to practice in the State of New York, the State of New Jersey, and the United States District Court for the District of New Jersey. He received his Bachelor of Arts ...

Sponsored by

Monday, December 16, 4:00 PM - 5:15 PM

  • Type: Seminar
  • Room: Palos Verdes 2

This session will feature an interactive panel discussion with those involved in the fabrication, modular assembly, QA/QC, logistics, installation, commissioning, operation, and maintenance of major infrastructure. The panel will examine the unique challenges faced by industrial owners and EPC contractors attempting to capitalize on this growing project delivery method, including a discussion of risks, claims and contracting strategies. Learn about opportunities to utilize this execution strategy on domestic and international projects.

Upon completion of this session, participants will be able to:
  • Understand the key objectives of modularization, including reduced local sourcing, resource rates, construction risk, set-up costs, project time to market and logistical complexity, and the factors potentially impacting the realization of each.
  • Understand effective drafting techniques designed to limit claim exposure and liability, and promote prompt resolution of claims.
  • Understand effective strategies used by internal stakeholders, as well as attorneys and consultants, to anticipate, avoid, mitigate, and/or resolve claims.
... Read More
Speaker (s)
Chris Celano
President and Chief Executive Officer
IHI E&C International Corporation

Chris Celano serves as President and Chief Executive Officer for IHI E&C International Corporation in Houston, Texas. As President and Chief Executive Officer, he is responsible for establishing strategic direction, managing the company’s project portfolio and overseeing all aspects of operations for the company. Since joining IHI E&C, Mr. Celano has held numerous leadership positions across the company. He actively serves as Chairman of the Board of Directors for IHI E&C. Mr. Celano previously served as Senior Vice President of Business Administration and General Counsel for IHI E&C with responsibility for supervising all legal and administrative functions including human resources, IT, facilities and administrative services. During this time, Mr. Celano played an integral role in creating company and leadership infrastructure to enable the organization to develop its workforce and grow its revenue. Before joining IHI E&C, Mr. Celano operated as the Vice President and General Counsel for a publicly-traded, international ...

Michael Dailey
Vice President and General Counsel
Air Liquide USA, LLC

Michael Dailey is Vice President and General Counsel for the engineering and construction division of Air Liquide USA, a supplier of industrial gas services to medical, chemical and electronic manufacturing industries. Michael is on Legal 500’s GC Powerlist US Teams and is noted for having “risen from sole counsel for engineering and construction to his current role heading a team that participates in the day-to-day decisions shaping the company’s outlook.” In addition to holding legal roles at Air Liquide, Michael held the position of Counsel with BP and was an associate with Skadden Arps. He earned a Bachelor of Science, focusing in Construction Science, from Texas A&M University, and holds a J.D. from the University of Houston Law Center. ...

Neil Gaudion
Senior Managing Director and Leader of Americas Construction Solutions
FTI Consulting, Inc.

Neil Gaudion is a Senior Managing Director at FTI Consulting and is based in Atlanta. Mr. Gaudion is the Leader of the Construction Solutions and Government Contracts practice in the Americas. His practice is concentrated on assisting owners, contractors and other construction professionals on implementing effective project controls and in the development, analysis and resolution of major construction and public contract disputes. Over his career, Mr. Gaudion has consulted with clients on virtually every type of major construction project in the United States, South America, Africa, the Caribbean and the Middle East. Mr. Gaudion has also provided advice on how to avoid disputes to both owners and contractors on several large "mega-projects". Should disputes arise, Mr. Gaudion has many years of experience in performing delay analysis and quantifying the effects of delay, disruption and interference and has testified in arbitration (both ICC and AAA forums), dispute review board proceedings, deposition ...

Patrick Gaas
Partner
Kilpatrick Townsend & Stockton LLP

Patrick Gaas is a Partner at Kilpatrick Townsend & Stockton LLP. Patrick has over 25 years' experience and is regularly engaged by owners, contractors and design professionals to handle some of the largest and most challenging commercial and industrial disputes and transactions in the USA and internationally. His practice focuses on representing owners, sureties, general contractors and subcontractors, emphasizing the investigation and administration of contraction contract and subcontract defaults on behalf of owners, sureties and general contractors in workouts, document preparation, litigation and arbitration. Under the leadership of Patrick, Coats Rose has been ranked by U.S. News & World Report as a national Tier I law firm in the area of Construction Law. Patrick has presented seminars to the American Bar Association, the Texas Bar Association and many client groups on topics ranging from litigation strategy, project delivery methods and construction/design and procurement contract provisions to suretyship, lien ...

Sponsored by

Monday, December 16, 4:00 PM - 5:15 PM

  • Type: Seminar
  • Room: Palos Verdes 7

An owner's delay has traditionally been recognized as either an absolute or partial contractor defense against an assessment of liquidated damages. However, owners are increasingly employing contractual provisions and arguments that seek to prevent contractors from raising owner-caused or owner's concurrent delay as a defense to the assessment of liquidated damages. The law has long declined to enforce liquidated damages provisions which function as penalties. Attempts to preclude contractors from raising owner-caused delay as a defense render the assessment of liquidated damages a penalty.  The presentation will discuss fundamental legal principals related to enforcement of liquidated damages provisions, including the law's evolving approach to apportioning liquidated damages assessments in the face of the owners' delay, concurrent or otherwise. Standard defenses against assessments of liquidated damages will be discussed. In addition, a legal framework for contractors to challenge arguments that they have waived their ability to raise the owner's concurrent delay ... Read More
Speaker (s)
Bob Majerus
Vice President and General Counsel
Hensel Phelps

Robert (Bob) P. Majerus, is a graduate of Georgetown University with a Bachelor of Arts Degree and has a Law Degree from the University of Notre Dame. He joined Hensel Phelps in 2006 and serves as Vice President and General Counsel, Bob has overall responsibility for contractual and legal matters for the Greeley, Colorado-based organization. Prior to joining Hensel Phelps, Bob was a trial attorney for a private law ï¬rm. He began his career with Hensel Phelps as Associate General Counsel before being appointed Vice President and General Counsel. Bob is admitted to the Arizona, Washington and Alaska bar Associations. He is Vice Chair of the Documents Committee of the Associated General Contractors of America (AGC) and is a member of the AGC Building Division Leadership Board. To meet his strong pledge to give back to the community, Bob is actively involved in supporting local, regional and national organizations with ...

Ken Smith
Division Counsel
Granite Construction Company

Ken Smith is Division Counsel at Granite Construction Company. ...

Vivian Katsantonis
Senior Partner
Watt Tieder Hoffar & Fitzgerald, LLP

Vivian Katsantonis's practice focuses on complex construction and commercial litigation matters. She has been recognized for her effectiveness and exceptional accomplishments in litigation and trial work by the Litigation Counsel of America, an invitation-only trial lawyer honorary society comprised of less than one-half of one percent of American lawyers. Vivian's representation includes counsel and advice through every stage of litigation and she has litigated significant matters before federal and state courts, the Board of Contract Appeals, the U.S. Court of Federal Claims, the International Chamber of Commerce and in both international and domestic arbitrations. Vivian has represented contractors, developers, owners, suppliers and sureties in a broad range of commercial, construction and government contract matters including for industrial and commercial projects and large infrastructure projects, such as power plants, mass transit systems, highways, waste water treatment facilities, military facilities, hospitals, multi-family housing developments and commercial and retail development. Her representation includes ...

Kathleen Barnes
Senior Partner
Watt Tieder Hoffar & Fitzgerald, LLP

Kathy Barnes's practice focuses on domestic and international construction contracting and federal government contracts. Kathy counsels and advises contractors, design engineering firms, construction managers and owners in all phases of industrial, power, civil, transportation and commercial construction in the United States and overseas. For more than 20 years, Kathy has represented clients at every stage of complex construction dispute resolution including claim preparation, negotiation and other informal ADR procedures, mediation, arbitration and litigation in both federal and state courts. As an experienced construction litigator, Kathy also has represented clients in multi-party and other complex disputes in both international and domestic arbitrations before the American Arbitration Association, JAMS and the International Chamber of Commerce. Kathy has an active government contracts practice and counsels contractors and design engineers on a broad range of issues involved in government contract administration and compliance. She also has extensive experience litigating bid protests and government contract ...

Christopher Brasco
Senior Partner
Watt Tieder Hoffar & Fitzgerald, LLP

Mr. Brasco has been litigating construction disputes at Watt Tieder Hoffar & Fitzgerald for over 30 years. He is a sought after speaker and frequently lectures at many national conferences for major construction organizations, including the AACE, CMAA, ARTBA and many others. Mr. Brasco was a moderator on the successful panel at the 2019 SuperConference - "Damages Without A Cause." ...

Sponsored by

Monday, December 16, 5:15 PM - 6:45 PM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

A traditional event at the Construction SuperConference, the welcome reception is sure to be an entertaining evening with delicious food and drinks, exciting networking opportunities, and lively discussions. 

Sponsored by: Jones Walker and The Rhodes Group

... Read More
Speaker (s)
Sponsored by

Tuesday, December 17

Tuesday, December 17, 7:45 AM - 8:15 AM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

Prior to our Welcome and Opening Keynote, we will host a coffee service in the Knowledge Exchange. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer! 

Sponsored by: Smith, Currie & Hancock

... Read More
Speaker (s)
Sponsored by

Tuesday, December 17, 8:15 AM - 9:30 AM

  • Type: Keynotes
  • Room: Palos Verdes 4&5

Alec Ross is a Visiting Professor at King’s College London and the author of The Industries of the Future which has been translated into 24 languages and been a best-seller on 4 continents. His academic experience includes past service as a Distinguished Senior Fellow at Johns Hopkins University and as a Senior Fellow at the Columbia University School of International & Public Affairs. His writing has appeared in publications including The Wall Street Journal and Foreign Policy. His academic writing has appeared as the journal cover articles in publications including the SAIS Review of International Affairs and the NATO Review.

Presented by: Cozen O'Connor

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Speaker (s)
Alec Ross
New York Times Best-Selling Author & Fmr. Senior Advisor for Innovation
Innovation State Department

Alec Ross is one of America’s leading experts on innovation. He has been an entrepreneur, served for four years as Senior Advisor for Innovation to the Secretary of State, and advised President Obama on the intersection of technology and geopolitics during his first presidential campaign. In his role with the State Department, Ross was tasked with maximizing the potential of technology and innovation in service of America’s diplomatic goals. He advanced the State Department’s interests on a range of issues including Internet Freedom, cybersecurity, disaster response, and the use of network technologies in conflict zones. Ross is the author of the New York Times bestseller The Industries of the Future. The book explores the technological and economic trends and developments that will shape the next ten years including robotics and artificial intelligence, advanced life sciences, cybersecurity, big data and the code-ification of money, markets and trust. The Industries of the ...

Sponsored by

Tuesday, December 17, 9:45 AM - 11:00 AM

  • Type: Seminar
  • Room: Palos Verdes 6

In-house legal departments of global construction, industrial, energy, and oil and gas companies manage large-scale legal, health and safety, and insured risk on a worldwide basis.  As the volume, complexity and risk of work increases, managing global legal operations is becoming exceedingly difficult and often results in regionalization of legal management largely driven by local practices.  Companies spend enormous amounts of resources to maintain control of their legal operations and to maintain a unified corporate culture.  For this reason, corporate legal departments are increasingly looking for better ways to streamline global legal management, from the development of standardized agreements and safety programs, to managing cybersecurity and data protection laws, to leveraging global outside counsel to increase control.  This panel will focus on the ways in-house counsel at global companies can create "convergence" within their legal departments to simplify operations.

Upon completion of this session, participants will be able to:
Speaker (s)
Andrea Henningsen
Manager of Insured Claims and Litigation
Bechtel

...

Jennifer Fletcher
Partner
Eversheds Sutherland

Jenny Fletcher's legal practice involves construction industry issues exclusively. She has served as lead counsel and successfully resolved complex construction disputes throughout the country and internationally, representing construction managers, developers, general contractors, owners municipalities and specialty contractors. Jenny is the Immediate Past President of the American College of Construction Lawyers and serves on its Executive Board. Jenny started her construction law career with the construction focused boutique firm of Griffin Cochrane and Marshall, where she practiced as an associate and partner for more than 20 years. GCM merged in 2006 with Sutherland Asbill and Brennan, where Jenny practiced as a partner for 11 years. At Sutherland, Jenny served as the leader of the Construction Industry Practice Group, co-leader of the Litigation Practice Group, and as a member of the firm's Executive Committee. Jenny has served as lead counsel in many jury and bench trials, arbitrations, appellate arguments, ...

Simon Oats
Partner, Head of Construction and Engineering
Eversheds-Sutherland (International) LLP

Simon is Head of Eversheds Global Construction and Engineering Group. He deals with all construction contractual issues and is praised by 'The Legal 500' and 'Chambers Guide to the Legal Profession' for his strong reputation. He is responsible for managing the construction services provided to property and development clients, whether public or private sector, across Eversheds. Simon advises on a full range of procurement options in particular on JCT, ICE, ECC, FIDIC and bespoke contract conditions for a wide range of projects acting for employers, contractors and members of the professional team. He has particular experience of major projects procured under the private finance initiative and regeneration projects. He and his team are therefore well used to meeting the challenge of complex ventures involving a range of legal disciplines and a multiplicity of interested parties. Whilst his emphasis is on sound contractual structures supported by a partnering ethos, ...

Jennifer Shafer
Associate Vice President of Dispute Resolution
Black & Veatch Companies

Jennifer Shafer joined Black & Veatch’s Legal, Risk Management & Government Affairs team in 2011, and is currently the Associate Vice President of Dispute Resolution, overseeing litigation and claims for the company worldwide. Prior to joining Black & Veatch, Ms. Shafer was a partner at a boutique litigation firm, focusing on complex business and construction disputes. Ms. Shafer graduated Order of the Coif from Washington University in St. Louis School of Law, and is a member of the Kansas, Missouri, and Kansas City Metropolitan Bar Associations. She has also served as a faculty member for the NITA Advanced Trial Advocacy program. ...

Elise Greenspan
Vice President, Assistant General Counsel Litigation
AECOM

Elise Greenspan is Corporate Vice President, Assistant General Counsel, Litigation at AECOM, a global architecture, engineering, and program and construction management firm. In her 27 years with AECOM she served many roles including General Counsel of DMJM+HARRIS, Inc., one of AECOM’s legacy operating companies. Elise has more than 25 years of experience working with design professionals with a particular emphasis on professional liability and risk management for architects and engineers. ...

Sponsored by

Tuesday, December 17, 9:45 AM - 11:00 AM

  • Type: Seminar
  • Room: Palos Verdes 1

Contemporaneous period critical path analyses have been considered, by some, to be the "Gold Standard" of schedule delay analysis methods. But what if the project schedules show projected critical paths that do not properly reflect reasonable critical paths and generate illogical results?  Why do courts appear to side with this method?  This panel will tackle the highly charged debate between contemporaneous period critical path analyses versus as-built critical path analyses by presenting case studies and using facts and schedules derived from actual cases that will illuminate the technical, legal, and contractual factors that weigh on the selection and implementation of a forensic schedule analysis method.  The panel will present a series of fact patterns and associated schedules and will discuss and debate the key parameters in choosing the correct analysis method under the different circumstances. Methods under consideration include the as-planned vs. as-built, the contemporaneous period (or "windows") analysis, ... Read More

Speaker (s)
Philip Spinelli
Senior Managing Director
Ankura

Philip Spinelli is a Senior Managing Director at Ankura, based in New York. As a mechanical engineer with more than 20 years of experience in the management, oversight, and analysis of construction and manufacturing projects, Philip has performed forensic and proactive investigations and has developed risk management strategies on some of the largest and most complex projects throughout North America. He has expertise in dispute resolution consulting in the areas of project schedule delay analysis, errors and omissions reviews, productivity analysis, disputed extra work reviews, construction cost accounting, and damages quantification. He has authored multiple expert reports and has presented his findings at negotiations, mediations, depositions, and arbitration. ...

Patrick Kelly
Managing Director
Ankura

Patrick M. Kelly is a Managing Director at Ankura, located in the Washington, DC office. With more than 20 years of relevant experience, Patrick is an expert in project controls, Critical Path Method (CPM) scheduling, earned value analysis, forensic schedule analysis for delays, and disruption & loss of productivity analysis. He is a professional civil engineer and a certified Planning and Scheduling Professional (PSP) who has qualified and testified as an expert on CPM scheduling and forensic delay analysis in the US and internationally. Patrick has extensive experience in transportation & infrastructure, shipbuilding and ship repair, hotels and condominiums, and government and public facilities. ...

Shelly Ewald
Partner
Watt Tieder

Partner with Watt Tieder practicing in complex construction, government contracts and surety litigation. Additional information; a Fellow with the American College of Construction Lawyers and current member of the Board of Governors; Adjunct Professor with George Mason University School of Law ...

Joshua Strub
Corporate Counsel & Director of Contracts
PNR RailWorks, Inc.

Joshua Strub joined PNR RailWorks in 2017 and is responsible for all legal matters for PNR RailWorks and PNR RailWorks Quebec. Josh has a unique combination of both legal and engineering experience and educational background having graduated from the University of Western Ontario dual-degree program, earning a J.D. as well a Bachelor of Engineering Science in Civil and Environmental Engineering, with distinction. Josh previously served as an Associate with the Toronto-based construction law boutique, Glaholt LLP, which is frequently recognized as one of Canada's premier construction litigation practices. At Glaholt LLP, Josh represented a range of clients, including owners, engineers, contractors and architects, in various forums and gained experience in disputes (both before and after commencement of proceedings) involving design-build, design-bid-build, P3 and EPC/EPCM contract arrangements. In 2017, Josh was listed in the Canadian Legal Lexpert Directory as a Lawyer to Watch. ...

Sponsored by

Tuesday, December 17, 9:45 AM - 11:00 AM

  • Type: Seminar
  • Room: Palos Verdes 2

Waivers of consequential damages and limitations of liability are standard terms proposed by at least one Party in every contract. Many parties fail to give much thought to these clauses. Then, when major claims arise and direct damages are inadequate to compensate the aggrieved party, the Party looks for ways to void the waiver and/or limitation of liability. The answer is usually a claim of bad faith and fraud. As a result, bad faith and fraud counts have become the norm in arbitration and litigation. A panel composed of experienced in-house counsel, private practitioner, and arbitrators will discuss contract drafting strategies and how to present and defend a claim seeking to void a clause based on bad faith and fraud.  

Upon completion of this session, participants will be able to:
  • Develop a better understanding of when to include a waiver of consequential damages and/or limitation of liability in their contracts.  Such clauses ... Read More
Speaker (s)
Conor Tighe
Inhouse Counsel
Turner Construction

Conor is Turner Construction Company’s regional legal counsel supporting the Great Lakes and Canadian operations. His career started in the construction operations as a superintendent, project engineer and cost engineer which provides him a practical viewpoint and technical knowhow to resolve transactional and claim related issues. Conor serves Turner in negotiating construction contracts with Turner’s clients. Furthermore, Conor negotiates consultant agreements with architecture consultants on design-build projects. Where required by the transaction, he has negotiated lender requirements with equity / debt financing entities either as a borrower or as the contractor within a consortium. Conor is experienced in negotiating terms with banks and sureties on letter of credit and bond forms. He also advices Turner’s management and coordinates resolution of contract and construction defect claims. Specific market experience includes negotiating contracts with both public and private clients in the healthcare, database, pharma, commercial real estate, higher education, industrial, utility, sports ...

Robert Rubin
Principal
Bob Rubin Construction Disputes

Bob Rubin is widely regarded for his five decades’ experience in complex construction disputes avoidance and resolution. Bob is an early pioneer in the use of dispute boards and has served on, and chaired, numerous such boards. He is Adjunct Professor, Columbia University, faculties of Law and Civil Engineering, where he teaches an interdisciplinary course on construction industry law. He is a member of the New York State Bar and is a licensed Professional Engineer in New York. Bob is Past President of the American College of Construction Lawyers; Past President of the Dispute Resolution Board Foundation; a Fellow of the College of Commercial Arbitrators; and a member of the National Academy of Construction. He is a member of the AAA Construction Mega Project Arbitrator and Master Mediator Panels. Bob received a Bachelor of Civil Engineering from Cornell University and a Juris Doctor from Columbia University. ...

Adrian Bastianelli, III
Partner
Peckar & Abramson

Adrian L. Bastianelli, III is a Partner at Peckar & Abramson. His practice focuses on construction claims and litigation, with an emphasis on government construction contracts. He represents all sectors of the construction industry, including general contractors, subcontractors, owners, design professionals and sureties. Mr. Bastianelli also has an active alternative dispute resolution (ADR) practice. He has served as an arbitrator, a mediator, and a DRB member on hundreds of construction disputes. Mr. Bastianelli is a past Chair of the ABA Forum on Construction Law (ABA Forum) and received the Cornerstone Award from the ABA Forum. He is a fellow of the American College of Construction Lawyers and has served on its Board of Governors and as the chair of its ADR and Public Contracts Committees. Mr. Bastianelli is also a past President of the Washington Building Congress. ...

Steven Charney
Chairman
Peckar & Abramson, P.C.

Steven M. Charney is the Chairman of the firm and is regarded as one of the foremost construction lawyers in the United States of America. Mr. Charney’s practice includes ongoing representation of contractors that are among the top ten as reported by Engineering News Record. Mr. Charney’s background couples extensive academic and hands-on experience in the construction industry with decades of experience in litigating for and providing legal counsel to contractors and developers. Throughout Mr. Charney’s career, he has handled numerous construction related disputes, in court, arbitration or in alternative dispute forums. Mr. Charney frequently handles multi-million-dollar delay, lien, default, equitable adjustment, termination and construction and design defect matters. Mr. Charney’s experience includes the representation of contractors and owners in connection with some of the most prominent projects built throughout the United States. He represented the developer of the largest private building construction project ever to take place in New York ...

Sponsored by

Tuesday, December 17, 9:45 AM - 11:00 AM

  • Type: Seminar
  • Room: Palos Verdes 7

In recent years, linear construction projects throughout the country have been stalled, suspended or terminated.  While owners and outfield service companies have felt the pinch, pipeline, rail, road and transmission and distribution contractors, subcontractors and suppliers are increasingly faced with the risk of nonpayment.  How do these trades mitigate the risk of nonpayment? 
Payment bonds are often the best form of protection when facing upstream insolvency. But payment bonds are not required and are often not secured in the private project setting.

Making claims in bankruptcy court is another avenue of recovery. While bankruptcy court affords parties the opportunity to make a claim for payment, it also poses challenges. Once bankruptcy has been filed, parties typically find themselves at the end of a long list of debtors, with rights subordinate to those of lenders and other secured creditors. The best-case scenario is often a recovery of pennies on the dollar.

Mechanics’ lien laws ... Read More
Speaker (s)
Nunzio Ruggeri
Executive Vice President and Corporate General Counsel
Allan Myers

Nunzio A. Ruggeri is an Executive Vice President and Corporate General Counsel for Allan Myers, the largest, self-performing heavy civil construction company and materials provider in the Mid-Atlantic. In his role as legal counsel since 2013, Mr. Ruggeri is responsible for advising on all legal and compliance matters involving Allan Myers, Inc. and its subsidiaries. His primary responsibilities include: advising the board of directors and senior management on issues and initiatives; development of, and training on, policies and procedures designed to ensure regulatory compliance; advising on the management and support of a workforce of over 2000 dedicated employees; providing risk management on projects throughout the Mid-Atlantic; drafting and negotiation of agreements in support of commercial transactions; management of joint venture and other strategic relationships; acquisitions; and dispute resolution. Mr. Ruggeri also serves as a member of the Allan Myers Executive Committee and Senior Leadership Team, which are ...

Jeffrey R. Mullen
Associate
Cozen O'Connor

Jeffery R. Mullen focuses his practice on construction law. Before becoming an attorney, Jeff workedfor a regional contractor as a project manager, where he oversaw various residential, commercial, andpublic projects. Building upon that experience, Jeff’s practice is focused exclusively on theconstruction industry to assist clients in addressing the specific challenges they face before, during,and after project completion.Jeff has counseled and represented owners, developers, contractors, and design professionals in allphases of construction projects and through the litigation and the alternative dispute resolutionprocess. He has experience representing clients in disputes arising from a wide array of constructionprojects, including power plants, mass transit systems, highways, pipelines, dams, and commercial andresidential building. In addition, Jeff counsels clients through contract formation and performance toidentify, avoid and resolve disputes as a means of preventive risk management. He has experiencedrafting and negotiating design and construction contracts and proposals for projects ranging fromcommercial and residential renovations to major ...

James M. Kwartnik Jr.
Member
Cozen O'Connor

James focuses his practice on construction law. Prior to becoming an attorney, James worked for aconstruction management firm and a Northeast regional specialty subcontractor performing variousaccounting and management functions. Building on that experience, his practice focuses exclusivelyon the construction industry.James has counseled and represented construction managers, general contractors, designprofessionals, developers, and subcontractors in all phases of construction projects, both public andprivate, and through the dispute resolution process. He has experience in numerous sectors of theconstruction industry, having worked on projects involving infrastructure construction, renovation andexpansion, power plants, industrial facilities, hotels, and other commercial vertical construction.He also counsels and represents clients through the contract negotiation process and has experiencedrafting a wide array of construction, project management and design services contracts.James received his bachelor’s degree in finance, magna cum laude, from Saint Joseph’s University,where he was a member of Beta Gamma Sigma, the National Business Honor Society. James earnedhis law degree from ...

Kenneth Levin
Senior Counsel
WSP USA

Kenneth I. Levin joined WSP USA, a global engineering and professional services organization, as Senior Counsel in 2017. Previously, he practiced law in the Philadelphia office of Pepper Hamilton LLP. He joined Pepper in 1974 and was a partner for 33 years beginning in 1982. He practiced construction law, representing participants in all segments of the industry on public and private work. Mr. Levin has tried construction cases in federal and state courts and before Boards of Contract Appeals and the Pennsylvania Board of Claims. He also has presented cases in arbitration, mediation and mini-trials. Mr. Levin also has served as an arbitrator for the American Arbitration Association on its Large and Complex Case panel. He is co-chair of the Construction Trials Subcommittee of the Construction Litigation Committee of the American Bar Association, and former co-chair of its Advocacy and Diversity and Membership Subcommittees. He is past Pennsylvania chair of the American ...

Sponsored by

Tuesday, December 17, 11:00 AM - 11:30 AM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

CSC Knowledge Exchange will host several giveaways this year during the show that you don’t want to miss. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer! 

Sponsored by: Secretariat

... Read More
Speaker (s)
Sponsored by

Tuesday, December 17, 11:30 AM - 12:45 PM

  • Type: Seminar
  • Room: Palos Verdes 7

This Panel of experienced contractors and lawyers will discuss how to deal with difficult owners who abuse contract terms and conditions to gain an unfair advantage or to pressure contractors for concessions on claims. The Panel will address the use and misuse of construction change provisions, warranties, liquidated damages provisions, retention, and audit provisions. The Panel will also discuss how to deal with the owner's refusal to issue CCDs, the owner's expanded definition of substantial completion,  and other tactics designed to make it harder for the contractor to make claims, receive changes, get paid or achieve substantial completion.

Upon completion of this session, participants will be able to:
  • Understand successful strategies for overcoming hidden agendas used by owners to gain concessions on claims.
  • Hear examples of abusive clauses and activities, and "lessons learned.”
  • Negotiate contract provisions to minimize the owner's unfair tactics.
... Read More
Speaker (s)
Hank Brasch
Chief Legal Officer
Webcor Builders

Hank Brasch, Senior Vice President and general counsel at Webcor Builders in San Francisco, is one of the 2017 Bay Area Corporate Counsel winners. The awards were presented by the Silicon Valley Business Journal and the San Francisco Business Times. Hank''s primary responsibility at Webcor is to manage legal and risk management issues facing the company, to advise and represent the company in legal matters and transactions to ensure compliance with legal requirements, to identify and creatively address potential legal issues, and to drive the company''s overall strategic plan as a member of the executive management team. Hank''s accomplishments include: Webcor was recently awarded the U.C. Merced 2020 Project — a $1.2 billion expansion of the U.C. Merced campus, increasing the student enrollment from less than 3,000 students to more than 10,000 students by 2020. The project is the first major social infrastructure project in the U.S. utilizing the public-private ...

Logan Hollobaugh
Deputy General Counsel
PLH Group, Inc.

Logan is Deputy General Counsel for PLH Group, Inc., an energy infrastructure company specializing in pipeline and electrical construction and headquarter in Irving, Texas. His role is allocated between litigation management and contract negotiation, in which he oversees the resolution of domestic and international construction and commercial disputes related to energy projects. Prior to joining PLH, Mr. Hollobaugh held roles as a Senior Regional Counsel at Gilbane Building Company and Senior Counsel – Construction Litigation at McDermott International (f/k/a CB&I) in Houston, Texas, where his primary focus was management of large EPC related construction disputes. Prior to working in-house, Mr. Hollobaugh was a member of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.'s Construction Industry Practice Group in Chicago, Illinois where the core of his practice was the representation of contractors, design-builders and construction managers in private and public construction related matters. Mr. Hollobaugh has been a LEED ...

Michael Devens
Risk Management Leader
DPR Construction

Mike Devens has more than 30 years' experience in the engineering and construction industries and has been with DPR for over 20 years. In that time frame, Mike has helped grow DPR into one of the most dynamic builders in the United States. He has progressed from project roles to opening DPR's Denver regional office, and creating and leading the company's Risk Management group. Mike has developed DPR's Risk Management group into a new vision for DPR risk management, leading its attorneys in combining project performance risks, insurance matters, safety and quality of work. Mike's expertise includes semiconductor wafer fabs, cleanrooms, data centers, healthcare facilities, pharmaceutical manufacturing plants, biotech facilities, residential towers, managed care facilities, entertainment venues, and office buildings. ...

Trey Moye
Corporate Counsel
Skanska

Robert J. (Trey) Moye III is Corporate Counsel at Skanska USA Building Inc. He previously served as Senior Counsel at KBR, Inc., Vice President and Associate General Counsel at Facility Group, Inc., and as Of Counsel in the Construction Practice Group at Troutman Sanders LLP. At Skanska, he focuses on some of the company's largest and most complex projects, including P3, IPD, and large-scale design/build projects across the United States. He recently led Skanska's legal team for the $1.3 billion Moynihan Train Hall P3 project in New York City. Throughout his career, he has represented clients in contract preparation and negotiation in virtually all markets of the construction industry and has represented owners, contractors, sureties, and design professionals in litigation and alternative dispute resolution throughout the United States and around the world, including matters in Europe, the Middle East, Asia, and the Caribbean. Mr. Moye received his B.A. (magna ...

Bennett Lee
Founding Partner
Varela, Lee, Metz & Guarino, LLP

Bennett Lee is a founding member of Varela, Lee, Metz & Guarino, and manages the firm's San Francisco office. He represents general contractors and design engineering firms on a wide variety of issues arising on infrastructure, power, commercial and public works construction projects throughout the world. Bennett is a recognized expert in federal government contracting on issues ranging from compliance, bid protests, to claim preparation, pricing, and dispute resolution. Bennett is regularly recognized as a top construction lawyer in the US by Chambers and Super Lawyers, and is also known as one of the nation's best dressed construction lawyers. ...

Paul Varela
Founding Partner
Varela, Lee, Metz & Guarino, LLP

Paul Varela is a founding member of Varela, Lee, Metz & Guarino, LLP, a national construction law firm with offices in Tysons Corner, Virginia and San Francisco, California. Paul is an authority on complex construction contract dispute resolution and represents clients in the construction industry domestically and internationally. He is a frequent speaker and author on construction industry topics, is an active member of the ABA's Construction Forum, serves as Chair of the Forum's Government Construction Division, is a past Chairman of the Washington Building Congress, and has been consistently recognized as a top lawyer by Chambers USA, Best Lawyers, The Legal 500 and Super Lawyers. ...

Sponsored by

Tuesday, December 17, 11:30 AM - 12:45 PM

  • Type: Seminar
  • Room: Palos Verdes 6

Participants in large infrastructure projects are recognizing the benefits of individually tailored mediation procedures for appropriate disputes. This session will focus on how sophisticated advocates and in-house counsel can work with experienced mediators to resolve high dollar, multi-party, complex, construction disputes.

Upon completion of this session, participants will be able to:
  • Understand how to use ex-parte sessions with the mediator in advance of the mediation conference to maximize chances of success in the mediation process.
  • Understand how structured presentations with experts followed by informational questions and "hot tubbing" of experts can set the stage for resolution.
  • Understand how to adapt innovative mediation approaches to parties locked into intransigent factual/legal positions through evaluative mediation in which the mediator reviews and evaluates technical and legal positions and issues a detailed settlement proposal.

... Read More
Speaker (s)
Ty Holt
Managing Principal
The Holt Group LLC

Ty Holt has over forty years of experience as a construction and commercial trial lawyer, public finance lawyer, construction transaction attorney, project development and deal structuring attorney. He also has more than thirty years of experience as a construction mediator and arbitrator. Ty is listed in the "Red Book" of public finance professionals; serves as co-bond and co-underwriters' counsel for the City & County of Denver and Park Creek Metropolitan District, Denver, Colorado. Ty is admitted to practice law before the United States Supreme Court, the Colorado Supreme Court, the United States Court of Appeals for the Eighth, Ninth and Tenth Circuits, the United States District Court for the District of Colorado and on a Pro Hac Vice basis in various federal and state trial courts. He was a law clerk to the Honorable Preston Devine of the California Court of Appeals in 1974. ...

Giovanni Ruscitti
Founding/Managing Partner
Berg Hill Greenleaf Ruscitti LLP

Giovanni M. Ruscitti is one of the founding members of Berg Hill Greenleaf Ruscitti LLP, and currently serves as the firm's Managing Partner. Mr. Ruscitti is equally comfortable in the courtroom as in the boardroom, and regularly serves as lead transactional and litigation counsel. In addition, Mr. Ruscitti is an experienced arbitrator and mediator, and serves on the Complex Commercial and Construction panels of the American Arbitration Association. Mr. Ruscitti has over 25 years of experience working on construction, mining, power and energy related matters. He has represented clients on both public and private projects for owners, developers, general contractors, subcontractors, suppliers, insurers and sureties, with a particular emphasis in complex EPC projects and disputes. He has worked on industrial plants, office buildings, power plants, hydroelectric power, utility projects, processing plants, water storage, water and waste treatment plants, defense projects, hospitals, schools, highway construction, prisons, mining projects, oil & gas, ...

Robyn Miller
Senior Vice President and General Counsel
CallisonRTKL Inc.

Robyn Miller is Senior Vice President and General Counsel for CallisonRTKL Inc., the global architecture, planning, and design consultancy of Arcadis. Ms. Miller is responsible for the firm's global legal activities and policies and sits on its Executive Team. Previously Ms. Miller was Chief Counsel, Americas for AECOM. She began her legal career with Los Angeles construction firm Monteleone & McCrory, where she litigated cases for contractors and developers. In 1995, she left private practice to go in-house with Daniel, Mann, Johnson, & Mendenhall (now known as AECOM Services, Inc.), a wholly owned subsidiary of AECOM. Since 1995, Ms. Miller has focused on professional liability and risk management for architects and engineers. Ms. Miller is particularly interested in issues related to standard of care, Building Information Modeling, sustainable architecture, professional licensing, and creative dispute resolution. She participates in the BIM Forum and has participated in the review and update of ...

Michael Marra
Vice President Construction Division
American Arbitration Association

Michael A. Marra, is Vice President for the Construction Division and has served with the American Arbitration Association (AAA) for more than eighteen years. Mr. Marra was appointed District Vice President of the AAA Philadelphia Office in September 2001. He is currently responsible for expanding the use of AAA construction ADR services in the Mid-Atlantic and New England States. In that role, he also interacts with the AAA's clients who file construction and real estate cases and the neutrals who serve as arbitrators and mediators. Mr. Marra also has national responsibility for developing the AAA's construction caseload and works closely with construction industry associations through the AAA's National Construction Dispute Resolution Committee (NCDRC). In this capacity, Mr. Marra assists the corporate, legal and public sector communities in educating them on the various construction industry dispute avoidance and resolution techniques and in designing dispute resolution systems ...

Sponsored by

Tuesday, December 17, 11:30 AM - 12:45 PM

  • Type: Seminar
  • Room: Palos Verdes 2

The Construction Industry is riding an unprecedented wave of strong earnings and backlog. Those of us who have lived this business long enough know that the market will turn. Now is the time to prepare your contractor clients for a market correction. When things turn is not the time to react.

In this panel discussion, we will assemble Construction professionals who have lived through tough markets. We will share some best practices and lessons learned on things that an attorney working with the Contractors core team of trusted advisors should be doing now to prepare.

Upon completion of this session, participants will be able to:

  • Understand the warning signs of a downturn
  • Collaborate with a contractor and prepare action plans to prepare for a downturn
  • Understand strategies to deal with opportunities in a down market

 

... Read More
Speaker (s)
Luis Aragon
Surety Claims Counsel
Liberty Mutual

Luis Aragon is Surety Claim Counsel for Liberty Mutual Insurance Company. Prior to Liberty Mutual, Luis spent over two years as a surety attorney in the Seattle office of Watt Tieder Hoffar & Fitzgerald. Luis has a B.A. in History with Honors and a B.S. in Biochemistry, both from the University of Washington. Luis also received his J.D. from the University of Washington. Luis simply cannot find it in himself to leave Seattle. Outside of work, Luis has a wife who is a better lawyer than he is, and two amazing young daughters. When the ladies let him out of the house, he enjoys playing soccer. He is an exceptionally mediocre golfer. ...

Cynthia Paul
Managing Director
FMI

Cynthia is FMI’s practice leader for market strategy and business development. Her focus is working with industry firms to capture market slices and grow profitably. From out-positioning the competition, to helping win key customers and projects, she focuses on leveraging the firm’s unique capabilities to generate real-time results. The process unleashes market, customer and competitive insights needed to achieve the organization’s strategic vision for the future. Cynthia’s experience in the industry has resulted in a unique approach to operationalizing plans that ensures that the targeted results are achieved. Frequently working on creating a compelling future vision, improving the customer journey, driving culture, developing talent and driving consistent operating performance, the results generated are measured in improved bottom-line performance and share value. Cynthia is a highly rated speaker. Her knowledge of the industry and presentation style make her a sought-after speaker throughout North America and internationally. Cynthia holds a bachelor’s degree ...

John Dillon
BMO Bank

John is responsible for managing relationships with engineering, architecture and construction companies in the eastern United States. Previously he has held positions with BMO Capital Markets and BMO Harris managing relationships with middle market private equity sponsors and corporations. Prior to joining BMO, John spent 10 years with Continental Bank in Chicago. Before that, he was a civilian contracting officer for the U.S. Department of the Navy, Space and Naval Warfare Systems Command in Crystal City, VA. John joined BMO in 1995. John has an MBA in finance from the University of Chicago and a Bachelor of Science “cum laude” in Business Administration from Marquette University with majors in Economics and German. ...

Cynthia Romano
CohnReznick LLP

Cynthia Romano is a Global Director of CohnReznick Advisory's Restructuring and Dispute Resolution Practice. She has more than 25 years of experience in performance improvement, turnaround management, transaction support, and investment analysis. Her industry experience includes manufacturing, technology, energy/oil and gas, distribution, restaurants, professional services, healthcare and others. Cynthia guides companies from where they are to where they want to be - whether in need of a tune up or in significant distress. Partnering with CxO level management, her goal is to help companies transform their bottom line to maximize value for owners, investors and other stakeholders. Cynthia’s areas of expertise include liquidity management, profit improvement through operational restructuring, organizational and process redesign, capital sourcing, and business and creditor workout/management. Before joining CohnReznick, Cynthia managed various restructuring practices and clients including as Partner at CR3 Partners, CEO of Chrysalis Management, Managing Director at CRG Partners, and Manager in Bain’s ...

Jack Callahan
CPA Construction Industry Practice Leader
CohnReznick LLP

With more than 25 years of experience, Jack Callahan serves as CohnReznick's Construction Industry Leader. He has significant knowledge and experience in accounting, corporate taxation, and business consulting matters within the construction community. Jack serves clients in most construction sectors including: heavy highway, general contractors, construction management, specialty contractors, building trades, and building supply and equipment companies. He has worked extensively with public agencies and major construction owners to develop successful fiscal and integrity monitoring programs that enable contractors to improve the profitability, safety, and integrity of construction programs. He was a lead partner for CohnReznick on the monitoring and investigative work performed at Ground Zero and at the new World Trade Center Transportation Hub. Jack joined CohnReznick in August 2005 after serving as the managing shareholder of a leading private New Jersey accounting firm. He began his career with a national accounting firm and founded his own firm in 1996. ...

Sponsored by

Tuesday, December 17, 11:30 AM - 12:45 PM

  • Type: Seminar
  • Room: Palos Verdes 1

Consortia have become increasingly important instruments for undertaking large-scale and complex construction projects. This is understandable given their many commercial advantages, which may include tax and accounting benefits, access to technical expertise and new markets, the ability to share risks and pool resources, and supply chain efficiencies.  The use of these commercial alliances, however, also can pose problems for owners and contractors alike.  Disputes often arise, for example, when a party is not accustomed to tendering and working as part of a team, and because of the unique challenges associated with handling specific one-off projects with rights and obligations that often are not well defined. 

When contracting with or participating in a commercial alliance in the construction context, there are many factors that can greatly influence the allocation of risk among the parties.  Understanding these factors is essential to minimizing liability when disputes arise—regardless of a party’s role on the project.  ... Read More

Speaker (s)
Kate Ides
Corporate Vice President and Assistant General Counsel
AECOM

In 2017, Kate joined AECOM, a premier infrastructure firm transforming skylines and communities across the globe. Kate is based in Los Angeles, California. Kate has primary responsibility for a “docket” of high risk claims and litigation matters involving various AECOM entities throughout the world. In that capacity, Kate shapes and executes the legal strategy for prosecuting and defending those claims. Prior to joining AECOM, Kate practiced at O’Melveny & Myers LLP, where she received the 2015 Warren Christopher Values Award. Kate received a Bachelor of Arts Degree from Harvard College and a Juris Doctor from University of Michigan School of Law. During law school, Kate litigated on behalf of indigent clients and received the Rockwell T. Gust Advocacy Award for that work. In a prior life, Kate taught public school in New Orleans. ...

Peter Pollock
Assistant General Counsel and Head
Siemens Corporation

Chip has been in-house counsel with Siemens since 2001 providing guidance in the areas of contract negotiation, project implementation, compliance, litigation, arbitration and dispute resolution. Presently, Chip is the Head of Legal in the United States for the Power & Gas Division. Chip also manages the legal team for the gas fired power generation business of Siemens in the Americas which includes all of North America and Latin America. The business focuses on turnkey construction of gas fired power plants and the manufacture and supply of power equipment. Before joining Siemens in 2001 Chip was in private practice for 10 years with the law firm of Akerman, Senterfitt & Edison, P.A. and was a litigation partner there from 1997 until 2001. Chip's practice at Akerman, Senterfitt & Eidson, P.A. focused on commercial litigation and arbitration, with a concentration on construction disputes. ...

Charles Harris
Vice President and Principal Counsel, Litigation and Claims
Bechtel Corporation

Charles E. Harris, Jr., Vice President and Principal Counsel, Litigation and Claims, Bechtel Corporation, is responsible for managing Bechtel's construction litigation and arbitration, for preparing, presenting, and negotiating claims, and for advising project teams and executive leadership on claims and claims avoidance. Chuck has over 20 years experience in construction contracts, claims, and litigation. Prior to joining Bechtel in 1999, Chuck practiced with the law firm of Pepper Hamilton in its Construction Litigation Practice Group. Chuck's claims experience includes complex cost and scheduling issues on projects involving power plants, telecommunications systems, heavy civil construction, water treatment facilities and government installations. Chuck received his J.D. from the University of Arkansas School of Law, where he was Editor-in-Chief of the Law Review, and his B.S. Civil Engineering from the Pennsylvania State University. ...

Daniel Gonzalez
Partner
Hogan Lovells US LLP

Dan is a Partner Hogan Lovells' international arbitration practice and past Board member of the firm. Dan dedicates his full-time practice to international commercial litigation and arbitration, representing clients' interests in the United States, Latin America, and Europe. With a focus on construction and infrastructure, as well as energy, financial services, securities, and telecommunications, Dan provides deep acumen into industry matters involving commercial, distributorship, technology, engineering, procurement, construction, and design/build contracts, among others. He helps clients handle issues arising during projects, as well as dispute avoidance, and dispute resolution. These include mediation, expert determination, adjudication, dispute boards, arbitration, and court proceedings. He provides fully bilingual (English and Spanish) counsel in both common and civil law jurisdictions to effectively provide strategy and analysis in achieving favorable results. As lead trial and arbitral counsel in multijurisdictional disputes, Dan has tried matters from inception through court judgment or arbitral award and final appeals. ...

Mark Cheskin
Partner
Hogan Lovells US LLP

Mark R. Cheskin is a partner in the International Arbitration group at Hogan Lovells resident in the Miami office. Mark is Co-leader of the Firm's Global Construction & Engineering practice. In his almost 30 years of trial practice, Mark successfully has taken dozens of significant cases to final arbitral award, jury verdict, or final judgment in numerous domestic and international jurisdictions. Mark has worked on a number of high value construction disputes, including disputes that have had claims totaling tens or hundreds of millions dollars, with several disputes having claims totaling in excess of billions of dollars. These matters have included an arbitration concerning a supercritical coal powered power plant in the Eastern U.S. for a European equipment supplier; a trial for an international construction company located in the Midwestern U.S. over a gas powered power plant in the Southeastern U.S.; an arbitration concerning a hydroelectric power plant in ...

Alvin Lindsay
Partner
Hogan Lovells US LLP

Alvin F. Lindsay is a partner in the Miami office of Hogan Lovells. With deep industry knowledge of the construction, energy, and infrastructure industries, Al acts as a trusted advisor to his clients throughout the litigation or arbitration life cycle of large-scale construction projects. These matters have included: serving as lead counsel for the U.S. owner of a Panamanian hydroelectric power plant in four ICC combined dispute board final hearings; serving as lead counsel for the owner of a U.S. power plant in JAMS arbitration related to delay and equitable adjustment claims regarding the construction of a US$100 million natural gas-fired power plant in northeast Pennsylvania; arbitration concerning a supercritical coal powered power plant in the Eastern U.S. for a European equipment supplier; serving as arbitration counsel for owner of Venezuelan petrochemical plant in ICC arbitration involving construction delay and 157 warranty claims worth over US$150 million against European EPC ...

Sponsored by

Tuesday, December 17, 12:45 PM - 2:15 PM

  • Type: Keynotes
  • Room: Palos Verdes 4&5

"Disruptive" technologies are transforming the way we build and will have a lasting impact on global infrastructure development for the near and distant future. BIM, drones, robotics, autonomous vehicles, modular, 3D printing, virtual reality, wearables, and artificial intelligence are just some of the technologies creating largescale change in an industry historically known as “slow to adopt” tech developments.
 
This session will explore the rapidly changing construction industry and infrastructure landscape resulting from innovation and technology disruption. Moderator Steven M. Charney, Chairman of Peckar & Abramson, will engage the new generation of construction industry leaders – those creating and implementing technology solutions – in a dialog concerning our new adaptive environment and how they are impacting safety, quality, cost and information security – and changing construction project delivery forever. 

Presented by: Peckar & Abramson

... Read More
Speaker (s)
Tim Gattie
VP, Industry Strategy
Smartvid.io

Tim is VP of Industry Strategy at Smartvid.io. He has 20 years of construction industry experience working for regional, national and international general contractors in roles ranging from Field Engineer to Project Director. Tim is passionate about using technology as a tool to improve the way construction projects are delivered and is eager to share his story with others in the industry. Gattie graduated from the University of Pittsburgh with a Bachelors of Science in Civil and Environmental Engineering and is a Registered Professional Engineer in Arizona, California and Utah. When not at work, Tim enjoys golfing, traveling and being a dad to his two awesome boys. ...

Andrew Zukoski
Founder
Join, Inc.

Andrew is cofounder and CEO of Join, Inc. Join is building tools to bring preconstruction intelligence to project teams as they work to maximize project value. Join is venture-backed by leading investors. Andrew's background is in software and design technology, most recently as a Director of Engineering at Flux.io. Prior to that, he worked on customized, 3D printed medical devices at Bespoke Innovations and 3D Systems. He studied Electrical Engineering and Visual Art at Rice University.  ...

Ian Keough
CEO, Founder
HYPAR

Ian Keough is the founder of Hypar. He writes code from his garage to automate the generation of the built environment to help stakeholders make better decisions faster. Trained as a fine artist and architect—and known as The Father of Dynamo—Ian believes efficiency breeds quality and automation yields better, higher-quality products. This episode uncovers the Ian Keough beyond Dynamo—including his life habits, tactics to get into the flow state and avoid distractions, and his new adventure to disrupt the architecture, engineering, and construction industry. ...

Jesse F. Devitte
Co-founder and General Partner
Building Ventures

Jesse Devitte is Co-Founder and General Partner at Building Ventures, a company that provides capital, mentorship and industry connections to entrepreneurs working on innovative solutions to design, construct and operate to a better built world. He began his career at Softdesk which grew from venture-funded startup through IPO to become the Autodesk AEC Group where he was the first VP/GM of AEC. Past investments include SketchUp, Newforma, Vico, SpaceClaim, Envista/OmniEarth, TinkerCad, Flux, Builtr Labs and FieldLens. Current investments are Assemble Systems (acquired by Autodesk), Blokable, Built Robotics, Courbanize, Dandelion Energy, Hypar, Honest Buildings (acquired by ProCore), Join.Build, Measurabl, SketchFab and SmartVid. He is also a Founding Member of the Urban Land Institute Technology for Real Estate Council and a mentor for MIT’s Design X and the UrbanX Smart City Accelerator. ...

Steven Charney
Chairman
Peckar & Abramson, P.C.

Steven M. Charney is the Chairman of the firm and is regarded as one of the foremost construction lawyers in the United States of America. Mr. Charney’s practice includes ongoing representation of contractors that are among the top ten as reported by Engineering News Record. Mr. Charney’s background couples extensive academic and hands-on experience in the construction industry with decades of experience in litigating for and providing legal counsel to contractors and developers. Throughout Mr. Charney’s career, he has handled numerous construction related disputes, in court, arbitration or in alternative dispute forums. Mr. Charney frequently handles multi-million-dollar delay, lien, default, equitable adjustment, termination and construction and design defect matters. Mr. Charney’s experience includes the representation of contractors and owners in connection with some of the most prominent projects built throughout the United States. He represented the developer of the largest private building construction project ever to take place in New York ...

Sponsored by

Tuesday, December 17, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 7

When a job applicant or an employee is in pain due to an accident or chronic condition, a treating doctor may prescribe potent opioids, prescription drugs and, now, medical marijuana to manage pain. At least ten states and the District of Columbia have legalized marijuana for adult recreational use even though federal law continues to prohibit marijuana consumption. Those prescription drugs and other substances could hinder judgment and decrease mental sharpness, especially while operating heavy machinery, driving for work, or otherwise engaged in conduct that requires mental clarity.  When people are under the influence of these substances, it is important for supervisors and managers to recognize signs of impairment. Otherwise, you run the risk of creating an unsafe work environment and the prospect of liability for property damage and personal injury goes up. What should frontline supervisors and managers be looking for when hiring and managing such employees? How should ... Read More
Speaker (s)
Leanne Rodgers
Deuty General Counsel and Chief Employment Counsel
Parsons’

Leanne Rodgers is Deputy General Counsel and Chief Employment Counsel at Parsons Corporation, where she advises on all matters relating to labor, employment and benefits. She previously served on Parsons’ Ethics Committee and was Parsons’ Chief Ethics Officer with responsibility for the company’s Code of Conduct and the ethics hotline. Prior to joining Parsons, Ms. Rodgers was a Vice President and Senior Counsel at Hilton Hotels Corporation, taught legal research and writing at UCLA School of Law, and was a litigation associate at Gibson Dunn & Crutcher. ...

John Zarian
General Counsel & Director of Administration
National Commission for the Certification of Crane Operators (NCCCO)

John Zarian is General Counsel and Director of Administration for the National Commission for the Certification of Crane Operators (NCCCO). He also serves as a mediator and a visiting law professor. Prior to joining NCCCO, and for nearly 27 years, John's legal practice emphasized intellectual property litigation, as well as complex business and commercial litigation. From 2011 to 2016, he served as founding managing shareholder of the Boise office of Parsons Behle & Latimer. From 2007 to 2011, he was the co-founder and managing partner of an intellectual property law firm in Boise. From 1989 to 2005, Mr. Zarian practiced law in Southern California, where he co-founded a boutique litigation firm which became the Los Angeles office of a national law firm. He is a past president of the Idaho Chapter of the Federal Bar Association. ...

Dena Calo
Partner
Saul Ewing Arnstein & Lehr LLP

Dena Calo counsels companies through complex labor and employment risks that pose a threat to their reputation in the marketplace. As a seasoned HR strategist and employment lawyer, she understands employers are facing increasing scrutiny of their labor and employment policies and procedures from government regulators and employees. She advises management clients, particularly in the construction, hospitality, higher education and multi-family real estate industries in Pennsylvania, New Jersey and New York, on the application of employment laws to their particular business needs, the implementation of legal HR policies, and representation in litigation in courts throughout the United States when their compliance is challenged. ...

Garry Boehlert
Esq.
Saul Ewing Arnstein & Lehr

Garry Boehlert, Partner at Saul Ewing Arnstein & Lehr's Construction Practice Group, focuses his practice on resolving claims and disputes arising from significant infrastructure projects. He regularly assists owners, contractors, sureties, specialty subcontractors and engineering/design firms with the drafting, review and negotiation of contracts and the evaluation, negotiation and litigation of claims. Garry received his JD from William & Mary Law School, and his undergraduate degree from the University of Virginia. ...

Sponsored by

Tuesday, December 17, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 6

This program involving experience trial and ADR counsel, ADR professionals and a demonstrative evidence professional will provide guidance on how to best use and modify jury trial skills in an ADR venue, including the "opening argument", effective use of examination skills, experts and demonstrative evidence and, when to back off of courtroom techniques.

Upon completion of this session, participants will be able to:
  • Understand when jury trial skills can be used in ADR and when they are not effective.
  • Understand best practices in an ADR setting for use of experts, demonstrative evidence and examination techniques.
  • Observe how to modify their jury presentations to effectively present opening and closing statements in an ADR setting.

Presented by: ABA Section of Litigation Construction Litigation Committee

... Read More
Speaker (s)
Patrick Coughlan
President
Conflict Solutions

Patrick (Pat) Coughlan is President of Conflict Solutions, Inc., a national and international mediation service with primary offices in Florida and Maine. He is considered the “GO TO” mediator for complex multi-party construction and insurance matters. He has mediated over 20 billion dollars worth of claims to date and travels extensively to settle the most challenging matters, including: The Big Dig, Panama Canal, NYMTA East Side Access, numerous International Airport Construction cases, Condominium Construction Disputes from California to Boston to Florida, Numerous Infrastructure Matters, from Texas to NYC to Atlanta, Energy Facilities, and Professional and College Sports Venues. His skill in custom designing the mediation processes and forth-right style help insure successful mediations. ...

Paul Sandars
Partner
Lum Drasco and Positan

Paul Sandars is a partner with the firm of Lum Drasco and Positan where he has a lengthy career handling complex construction cases in trial, arbitration and mediation settings, representing owners, contractors and subcontractors/suppliers. He is also an experienced construction mediator. He is a former Co-Chair of the ABA Section of Litigation Construction Litigation Committee, a member of the Council for the Section and a former Co-Chair of the New Jersey Bar Association Construction Law Section. ...

Daniel Kruger
Senior Managing Consultant
Engineering Systems Inc. (ESi)

Dr. Kruger is a Senior Managing Consultant at Engineering Systems Inc. (ESi) and Manager of Iowa Operations. He has over 20 years of experience in computer-generated 3D animations and other graphics for engineering and scientific illustration. He has supervised litigation projects, as well as a wide range of interactive, software, and educational projects. His project experience has involved aviation, patent infringement, ground vehicle, product liability, environmental, maritime, oil and gas operations, and construction delay/defect. Prior to joining ESi, Dr. Kruger served as President at Demonstratives, Inc. for over 10 years. While there he supervised litigation projects involving the design and manufacture of automotive and aerospace components, ground water, air contamination and maritime simulation models, accident reconstructions utilizing vehicle and occupant motion simulation software, performance of medical devices and implants, and hydroelectric, coal-fired, and nuclear power generation. Dr. Kruger also managed maintenance and development of their proprietary ...

Shelly Ewald
Partner
Watt Tieder

Partner with Watt Tieder practicing in complex construction, government contracts and surety litigation. Additional information; a Fellow with the American College of Construction Lawyers and current member of the Board of Governors; Adjunct Professor with George Mason University School of Law ...

James Landgraf
Of Counsel
Dilworth Paxson, LLP

Jim Landgraf is Of Counsel with the Philadelphia PA law firm, Dilworth Paxson, LLP, working out of its Cherry Hill NJ office. He has been a practicing attorney since 1976 and has been certified as a "Civil Trial Attorney" by the Supreme Court of New Jersey since 1988. His practice is focused on representation of parties involved in the construction industry in transactional work as well as dispute resolution through litigation, arbitration and mediation in residential, commercial and public projects. He is a former Co-Chair of the ABA Section of Litigation Construction Litigation and Real Estate, Condemnation and Trust Litigation Committees, the New Jersey Bar Association Construction Section and President of the Burlington County (NJ) Bar Association. ...

Sponsored by

Tuesday, December 17, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 1

As experienced by the defense and healthcare industries, whistleblowers, acting as modern-day bounty hunters, have successfully brought numerous False Claims Act "qui tam" suits in the name of the government against companies who allegedly submitted false claims for payment to the government.  The federal government has boasted of the billions of dollars recovered as a result of qui tams and praised the role of whistleblowers. These claims are quickly moving into the construction industry, and all participants in publicly-funded construction projects now face an increased risk of these whistleblower qui tam claims. This presentation stems from the experience of A. Brian Albritton, who concentrates his practice in defending False Claims Act/Qui Tam claims and is the former U.S Attorney for the Middle District of Florida, and Laura Abrahamson, Deputy General Counsel and Global Head of Litigation for AECOM. Together with moderator Bill Tinsley, a construction attorney with Phelps Dunbar, this ... Read More
Speaker (s)
Bill Tinsley
Counsel
Phelps Dunbar

For more than 20 years, Bill Tinsley has provided design professionals, contractors, owners and sureties with pragmatic, cost-effective resolution of complex claims and disputes on public and private projects throughout the United States and abroad. Bill also drafts and negotiates design and construction contracts for all contract delivery methods. He is currently the head of legal affairs for the Design Build Institute of America, Florida Region. Bill is licensed and maintains active practices in Florida, New York and New Jersey. ...

A. Brian Albritton
Partner Litigation Practice Group Partner Litigation Practice Group
Phelps Dunbar

A. Brian Albritton concentrates his practice False Claims Act and Qui Tam litigation, on "white collar" criminal defense and defending regulatory enforcement actions brought by government agencies. Previously, Brian served as U.S. Attorney for the Middle District of Florida from 2008-2010, one of the leading offices for False Claims Act/Qui Tam suits. He currently authors the blog, False Claims Act and Qui Tam Law. ...

Laura Abrahamson
Senior Vice President, Assistant General Counsel-Global Head of Litigation
AECOM

Laura C. Abrahamson, Senior Vice President, Deputy General Counsel and Global Head of Litigation at AECOM, has a wealth of experience in complex international litigation and arbitration matters, including ICSID, UNCITRAL, ICC and LCIA arbitrations. Before joining AECOM in January of 2016, Ms. Abrahamson was in-house counsel for Occidental Petroleum in Los Angeles for almost twenty years, most recently as Associate General Counsel – Litigation. Ms. Abrahamson also spent time in private practice at O’Melveny & Myers from 2014 to 2016 and at Gibson, Dunn & Crutcher from 1987 to 1994. Ms. Abrahamson is also a member of the Court of Arbitration for Sport, and served as chair of an AAA administered arbitration in 2017. ...

Sponsored by

Tuesday, December 17, 2:30 PM - 3:45 PM

  • Type: Seminar
  • Room: Palos Verdes 2

The use of IT systems, networks and technology resources (phones, tablets, computers) are commonplace across the construction industry.  General contractors, construction managers, subcontractors, owners and developers use these devices for continuous and ongoing communication.  Naturally, these resources are employed to connect with others outside an organization, such as vendors, consultants and lawyers'—virtually everyone involved in the U.S. and around the world. However, as nearly everyone across the industry increases their use of and connections to the internet, and enjoy integration through the broader "Internet of Things" (IoT), there are significant causes for concern.  Potentially damaging intruders (often within an organization) are looking to use your systems and/or the information contained within them, for financial gain or other nefarious purposes.  Several recent reports suggest that construction industry participants maintain the overarching view that bad actors, be they "black hat hackers", third parties or current/past employees, have little, if any, interest in ... Read More
Speaker (s)
Min Kyriannis
Associate, Cybersecurity & Technology Business Development
JB&B

Min Kyriannis is the Cybersecurity and Technology Business Development lead at Jaros, Baum & Bolles (JB&B). With more than 25 years’ experience in converged, global, information technology, cybersecurity and physical security, as well as work as a risk management leader, her career has spanned the U.S., Europe, Middle East and Asia. Her current focus is on promoting cybersecurity as an integral part of all building technology systems as well as collaborating and developing relationships with key members to ensure that systems are designed with security in mind. She currently serves as Chair of SIA’s Cybersecurity Advisory Board and Vice-Chair of SIA’s New Product Showcase Committee as well as Vice President of Women in International Security - NY Chapter. ...

Scott Takaoka
Vice President
Aon Cyber Solutions

...

Richard Volack
Partner and Chair, Peckar & Abramson's Data Privacy and Cyber Security
Peckar & Peckar, PC

Richard Volack is a Partner in the Construction Law Group at Peckar & Abramson and Chair of the firm's Data Privacy and Cyber Security Group. He counsels some of the country's largest general contractors, construction managers, and owners in all aspects of construction dispute resolution, including claims involving breach of contract, construction defects, design defects, schedule-and-impact delays, mechanic's liens, surety bonds and insurance. Mr. Volack's practice encompasses dispute resolution through mediation, arbitration and, when necessary, litigation. He also counsels clients on litigation avoidance practices, risk management, project planning and contract negotiation in relation to construction projects, both in both domestic and international settings. He is a frequent lecturer on construction insurance, risk management, the New York Mechanic's Lien Law, e-discovery and electronically stored information (ESI) issues as they relate to construction litigation. ...

Sponsored by

Tuesday, December 17, 3:45 PM - 4:15 PM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

CSC Knowledge Exchange will host several giveaways this year during the show that you don’t want to miss. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer! 

Sponsored by: Secretariat

... Read More
Speaker (s)
Sponsored by

Tuesday, December 17, 4:15 PM - 5:30 PM

  • Type: Seminar
  • Room: Palos Verdes 7

Ineffective contract administration and risk management are two major contributors of under-performing construction projects. In this session, panelists will discuss trends, challenges, and best practices for contract and risk management in Transportation Infrastructure design-build projects. The session will focus on the management and resolution of change. Panelists will educate Project Owners on the impact of change on design and construction phases, and will educate Internal Staff and Project Team Members on effective ways to manage and administer change, to optimize the resolution process, and deliver project success.

Upon completion of this session, participants will be able to:
  • Understand the role of effective contract and risk management.
  • Identify and compare the underlying causes and impacts of change in the design and construction phases of design-build projects.
  • Understand how to apply best practices for effective contract and risk management.

... Read More
Speaker (s)
Brian Johnson
Senior Corporate Counsel
HNTB Corporation

Brian has served a senior corporate counsel at HNTB Corporation for the past 9 years. In addition to being an attorney, Brian is a professional engineer and previously worked as an engineer for both international engineering and construction companies. In recent years, Brian has focused on legal and commercial contract negotiations for large transportation and sports architecture design-build projects throughout the U.S. ...

Chris White
Assistant General Counsel
Kiewit Corporation

Christopher White is currently an Assistant General Counsel with Kiewit Corporation’s alternative procurement practice group. Chris’ practice involves supporting Kiewit’s pursuit of P3 and large design-build projects throughout the US and Canada. Chris has been with Kiewit for almost 15 years and has been Kiewit’s counsel on numerous P3 and Design Build projects throughout both the United States and Canada including the $2.6Bn Port Mann Highway 1 Project in Vancouver, the $1.4Bn Southwest Calgary Ringroad Project in Calgary Alberta and the $1Bn Project Neon in Las Vegas. Prior to joining Kiewit, Chris worked for a boutique construction and insurance defence firm in Vancouver, British Columbia and before that for a full service mid size firm in Australia. Chris is currently admitted to the Bars of British Columbia and Washington State. ...

Heather Hohla
Financial Claims and Change Director
HNTB Corporation

Ms. Heather Hohla was appointed as an Associate Vice President with HNTB Corporation in 2014. She has been in the Engineering industry for over 17 years, where she has served in a senior capacity driving project controls and contract management on large and complex Design-Build Projects. Currently, she is an integral part of HNTB's Enterprise Operations Contracting and Claims group where she provides oversite of the project teams' implementation of corporate contracting and change policies, and focusing in areas of financial risk management and proactive change resolution. She supports teams through the alternative dispute resolution processes including DRBs, mediation, arbitration, and litigation. Ms. Hohla has been instrumental in her role to support teams through the claims process. She actively consults with project management teams on appropriate project costing according to HNTB policies. She is skilled in calculating damages, compiling issue documentation and financial records for expert witnesses, and assists teams ...

Christopher Devery
Senior Vice President, Senior Project Director
HNTB Corporation

Mr. Devery is a Senior Vice President and Senior Project Director, with HNTB Design Build. In his current role, he organizes and leads multi-discipline teams on large, complex transportation projects around the Nation. Mr. Devery has a diverse background in the planning, design and construction of transportation facilities. He is regarded for his expertise in developing innovative, cost effective solutions to solve his client's challenges. Mr. Devery's experience includes: transit; highway planning and geometric design; structures; traffic engineering; water resources engineering, including hydraulics and hydrology; environmental analysis; and construction administration. He is registered as a professional engineer in numerous states. For the last ten years, Chris has been leading Design Build pursuits and projects around the nation. Representative project experience includes: the $290M I-90 Innerbelt Bridge Replacement (Cleveland, OH); the $900M I-95 Express Lanes Project (Northern Virginia); the $210M Runway 9R-27L/ Taxiway Expansion (Fort Lauderdale, FL); and the $1.3B Crenshaw/ ...

Sam Hadley
Partner
Cotton & Company LLP

Ms. Hadley, CPA/CFF, CFE became a partner with Cotton & Company in 1999 and directed a number of major audit engagements. More recently, Ms. Hadley is responsible for the firm’s litigation practice, which includes forensic accounting, investigations and the related trial, mediation and arbitration participation. Her litigation focus is related to government projects, construction claims, and projects involving fraud allegations. Ms. Hadley has qualified as an expert witness on topics such as government contracting, government and private construction, the application of the Federal Acquisition Regulation, and potential fraud. She has prepared and assessed various claims, including delay, disruption and termination claims, involving various claim calculation methods such as measured mile, total cost and lost profits. ...

Sponsored by

Tuesday, December 17, 4:15 PM - 5:30 PM

  • Type: Seminar
  • Room: Palos Verdes 6

Emergency and interim relief are powerful remedies that can maintain the status quo or grant affirmative relief by requiring a party to continue performance under a contract, freezing assets, or preventing the destruction of evidence. Emergency relief can now be obtained in most domestic and international arbitrations before the arbitrators have been selected, whereas interim relief must be sought from the permanent tribunal. The rules for obtaining such relief vary considerably among the different arbitral institutions, and must be followed closely to ensure issuance of an emergency or interim order. This program will provide guidance for drafting arbitration provisions in construction contracts to maximize the type of relief available, outline the procedures for obtaining orders for emergency and interim relief, and suggest creative methods for enforcing those orders.

Upon completion of this session, participants will be able to:
  • Utilize an outline of a matrix that can be used to assist in structuring ... Read More
Speaker (s)
Eric Tuchmann
Senior Vice President, General Counsel and Corporate Secretar
American Arbitration Association (AAA)

Eric P. Tuchmann is Senior Vice President, General Counsel and Corporate Secretary for the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR). In that capacity, he oversees the ICDR’s operations, strategy and policies. In addition, he manages the organization’s legal and governance affairs, including litigation and regulatory matters involving the AAA-ICDR and its arbitrators and mediators. Mr. Tuchmann served as counsel of record on amicus curiae briefs filed in various courts and cited by the Supreme Court of the United States, and has been involved in various policy initiatives related to alternative dispute resolution. He analyzes domestic and international legal developments impacting the field, serves as an observer to various UNCITRAL working groups, and speaks frequently on arbitration and mediation topics. Mr. Tuchmann previously served as the AAA’s Associate General Counsel, and has managed the ICDR and other ...

Joe Matthews
Independent Arbitrator and Mediator

Joe Matthews is a full time independent arbitrator and mediator, a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators and a Fellow of the College of Commercial Arbitrators. He was for 12 years a member of the Board of Directors and for three years the Executive Committee of the American Arbitration Association and he is a member of the Board of Directors of the Dispute Board Federation. He is a magna cum laude graduate of the University of Miami, School of Law where he was recipient of the Wesley Sturges Award, graduating first in his class in 1977. Mr. Matthews has been an arbitrator for more than 30 years and has served in cases administered by the American Arbitration Association, the International Centre for Dispute Resolution, the International Center for the Settlement of Investment Disputes, the London Court of International Arbitration and the ICC International Court of Arbitration, ...

Kate Krause
Principal
Krause Dispute Resolution

Kate Krause is an arbitrator, mediator, dispute review board member, and early neutral evaluator with more than 30 years’ experience in complex construction, commercial, and international disputes. She spent 15 years in construction litigation and contract negotiation in major law firms; three years as outside general counsel for a multi-national general contractor; and eight years as a construction claims consultant. Kate has been an arbitrator for 20 years, with her practice focused exclusively on alternative dispute resolution for the past five years. Her practice has involved projects ranging from single family homes to multi-million-dollar government and private residential, commercial, and industrial construction projects in the U.S. and internationally, including residential developments, luxury homes, treatment plants, power plants, airports, highways, bridges, hotels, conference centers, visitors’ centers, and military base ranges. Her construction expertise includes disputes involving government contracts, scheduling, defective design and construction, payment, cost overruns, changes, differing site conditions, surety ...

Sponsored by

Tuesday, December 17, 4:15 PM - 5:30 PM

  • Type: Seminar
  • Room: Palos Verdes 1

The panel will offer insight on drafting appropriate termination for convenience provisions and how to address issues and properly calculate and advocate for damages arising out of a termination for convenience.

Upon completion of this session, participants will be able to:
  • Draft and negotiate for a proper termination for convenience provision in a construction contract. 
  • Utilize the proper application and use of a termination for convenience.
  • Compile, calculate and defend against excessive termination costs following a termination for convenience.

Presented by: ABA Section of Litigation Construction Litigation Committee

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Speaker (s)
Cathy Altman
Partner
Carrington, Coleman, Sloman & Blumenthal, LLP

Cathy Altman knows that business disputes, like a game of chess, require deliberate moves with an eye to the end game. That’s why she always studies the entire board, looking several moves ahead in order to anticipate problems and keep the game in front of her. To accomplish that, Cathy brings an uncanny ability to combine the strategic with the practical. Her experience in construction and real estate disputes brings another dimension to clients in those industries. A fifth-generation farmer, she’s not afraid to get her hands dirty, to dig in, go onsite, and work through what may seem to be the smallest details of complicated cases. If there’s one key thing that will move the case toward resolution, she’ll often spot it. Whether a controversy arises out of contract disputes, project performance, or business torts, clients trust Cathy to guide them through the project, across discovery, and to the trial ...

Tim Harvey
Corporate Counsel
Skanska USA

Corporate Counsel – Skanska USA Building Inc. San Francisco, CA. Twenty – eight years in the practice of law always as in-house counsel, with twenty-three of those years spent in construction. Tim has been with Skanska fourteen years and covers all of the West Coast offices of Skanska USA Building (Seattle, Portland, San Francisco, Los Angeles and Phoenix). Tim lives in Roseville, CA, with his wife of thirty years Kristin, and their three big dogs, Marley, Molly and Taylor. ...

Patrick McGeehin
Sr. Managing Director
FTI Consulting

Pat McGeehin is an experienced consultant on construction contract claims assistance, including damages entitlement and calculations and has been accepted as an expert in federal and state courts across the country. ...

Patrick Greene
Partner
Peckar and Abramson

Pat Greene is a Partner with the River Edge NJ firm of Peckar and Abramson. He is an experienced construction litigator in state, federal and international court and ADR tribunals handling construction and bidding disputes. He is a former Co-Chair of the ABA Section of Litigation Construction Litigation Committee. ...

James Landgraf
Of Counsel
Dilworth Paxson, LLP

Jim Landgraf is Of Counsel with the Philadelphia PA law firm, Dilworth Paxson, LLP, working out of its Cherry Hill NJ office. He has been a practicing attorney since 1976 and has been certified as a "Civil Trial Attorney" by the Supreme Court of New Jersey since 1988. His practice is focused on representation of parties involved in the construction industry in transactional work as well as dispute resolution through litigation, arbitration and mediation in residential, commercial and public projects. He is a former Co-Chair of the ABA Section of Litigation Construction Litigation and Real Estate, Condemnation and Trust Litigation Committees, the New Jersey Bar Association Construction Section and President of the Burlington County (NJ) Bar Association. ...

Sponsored by

Tuesday, December 17, 4:15 PM - 5:30 PM

  • Type: Seminar
  • Room: Palos Verdes 2

The task of drafting and finalizing the design is an early hurdle in a major construction undertaking. In an effort to speed up the project or lower up-front costs, a "hurdle" that may not always be given due consideration by the Owner. While it may be tempting to rubberstamp an engineer's initial design, or blindly rely on a manufacturer's product literature, such a practice can ultimately have a disastrous impact on a project's completion date and price tag or--as recently exemplified by the Boeing 737 Max design flaws---pose a grave safety concern. What liability does an Owner face when specifications it has drawn from the Architect or Engineer's design and design information do not work as promised, or are commercially impracticable for the scope of work and/or the duration of the contract?  In large public or private construction the Owner is frequently a "middleman". Can the Owner claim "not me" ... Read More
Speaker (s)
James McMahon
General Counsel
China Construction America - CCA Civil

James M. McMahon is the General Counsel for China Construction-CCA Civil. Prior to joining CCA, Jim was an Associate and Partner with Lewis & McKenna for 15 years. ...

Scott Hillman
General Counsel
Langan Engineering & Environmental Services, Inc.

Scott Hillman is General Counsel for Langan Engineering and Environmental Services. In this role, he is responsible for managing a broad range of legal, risk, contracting, and compliance matters. Prior to joining Langan, Scott served as a Vice-President and Region Chief Counsel at AECOM. Before moving in-house, he spent seven years in private practice at Wickwire Gavin. Scott received his B.S. in civil engineering from Lehigh University, M.S. in business from Johns Hopkins University, and J.D. from the University of Baltimore. ...

Nicholas Zaita
Partner
Lewis, DiBiasi, Zaita & Higgins, LLP

NICHOLAS J. ZAITA attended the University of Tampa (B.S., Sports Management, 2003, cum laude), the University of Florida (M.S., Sports Management, 2005), and New York Law School (J.D. 2008). He is a member of the State bars of New York and New Jersey, in addition to the Federal District Court of New Jersey. Prior to joining Lewis & McKenna, he served as the law clerk to the Honorable Robert P. Contillo, J.S.C. He is an active member of the American Bar Association Forum on Construction Law, the New Jersey Bar Association Construction Law Section, and the Bergen County Bar Association. In 2017, Nick was named by New Jersey Monthly Magazine as one of the "Rising Stars" among New Jersey attorneys. ...

John DiBiasi
Partner
Lewis, DiBiasi, Zaita & Higgins, LLP

JOHN P. DIBIASI attended New Jersey Institute of Technology (B.S.C.E, 1999) and Widener University School of Law (J.D. 2003). He is admitted to the bars of New York, New Jersey, Pennsylvania and Texas. John is the managing partner for our Texas office. Prior to becoming an attorney, John's involvement in construction started as working as a Laborer, and subsequently moving on to Labor Foreman, Field Engineer, and Project Manager/Superintendent for a number of construction companies in the New York/New Jersey area. His experience includes construction and legal disputes involving airports, tunnels, bridges, state and interstate highways, underground utility installation and utility delays and disruptions. John is a member of Chi Epsilon (Civil Engineering Honor Society) and ASCE and ASME. His practice focuses primarily on construction and commercial litigation. He is a recognized New Jersey Super lawyer in New Jersey Monthly. ...

Sponsored by

Tuesday, December 17, 5:30 PM - 7:00 PM

  • Type: Networking Events
  • Room: Catalina Room, Terrace and Lawn

Construction SuperConference invites exhibitors and attendees to an exclusive networking and entertaining experience on Tuesday evening in the Catalina Room, Terrace and Lawn. Mingle with industry leaders and peers at this festive celebration. No agenda, no presentations—just a casual evening of conversations, cocktails and hors d’oeuvres.

Sponsored by: Peckar & Abramson

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Speaker (s)
Sponsored by

Wednesday, December 18

Wednesday, December 18, 7:45 AM - 8:30 AM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

CSC Knowledge Exchange will host several giveaways this year during the show that you don’t want to miss. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer! 

Sponsored by: Smith, Currie & Hancock

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Speaker (s)
Sponsored by

Wednesday, December 18, 8:30 AM - 9:45 AM

  • Type: Seminar
  • Room: Palos Verdes 7

Construction is fraught with risk.  And while most structures successfully stand the test of time, it's the exceptions that rivet our attention.  This lively session will investigate the most infamous construction failures in history and their impact on the legal landscape, including: the Leaning Tower of Pisa; Blow-out at oil rig Deepwater Horizon; Great Johnstown Flood and dam burst; and Collapse at the Hyatt Regency Skyway.  Given our proximity, we'll address the special challenges and legal disputes associated with construction in Portuguese Bend, the 2019 SuperConference venue.  Our session will discuss the universal roles of engineering, technology, innovation, law, management, and human judgment that's needed at every construction project.  And in this way, we'll unravel the mistakes made at our case study sites, lessons learned, improvements taken, and laws that changed to forge a safer and smarter industry.  This session will benefit industry practitioners of all varieties: attorneys, risk managers, ... Read More
Speaker (s)
Wayne Kalayjian
Director
Secretariat International, Inc.

Wayne is a Director at Secretariat International with nearly 40 years of forensic design and construction analytics at complex capital improvement programs around the world. As a result, he has first-hand insights into why construction projects succeed, how they fail, lessons-learned, and powerful ways to translate complicated technical issues into plain English. Wayne is a licensed Professional Engineer (Civil and Structural), and has testified in Federal and State courts across the United States. He is also a Certified Fraud Examiner, lectures at the University of Southern California, and is a Technical Expert for the California Department of Consumer Affairs. In 2011, Wayne was among the handful of national forensic experts tasked to evaluate the root-cause of the blow-out by Oil Rig "Deepwater Horizon" in the Gulf of Mexico. His special focus was the complex cementing program that was executed at the Macondo drill site, and included detailed synthesis of the ...

Sponsored by

Wednesday, December 18, 8:30 AM - 9:45 AM

  • Type: Seminar
  • Room: Palos Verdes 1

The construction industry has started following a significant trend in the way many U.S. and international businesses hire outside counsel – specifically that those in the position to retain lawyers and firms are increasingly requiring that private practice firms implement meaningful diversity and inclusion initiatives that produce real and measurable results. Contractors and other entities emulate “household names”, such as Wal-Mart, Facebook, Microsoft, Gap, Unilever, and more to reflect the changing demographics of their own clients and employees. Furthermore, the industry is influenced by economic and other indicators that show a clear link between increased diversity in the workforce and improved financial results. 

Equipped with these facts, and volumes of anecdotal information, general contractors, CMs, specialty trades, owners and others are influencing the way law firms hire, retain and promote their attorneys. This panel will discuss the “new normal” for law firms representing the construction and infrastructure industry and how “the ... Read More

Speaker (s)
Jennifer Papantonio
Peckar & Abramson, P.C.

Jennifer Papantonio serves as Chief Client Service Officer of Peckar & Abramson, PC, the largest construction and infrastructure law firm in the United States. With more than 15 years’ experience in client relations, business development and marketing, Ms. Papantonio provides strategic direction and support in connection with the firm's key client satisfaction initiatives and myriad business development and marketing efforts, including practice development, internal and external communications, and market research. Ms. Papantonio works closely with the firm's clients in order to ensure extraordinary, seamless service across P&A's ten offices and international alliances. She is dedicated to the firm's core principles of client service excellence and delivers individual coaching and internal training to lawyers and staff at all levels to ensure clients have the best possible experience when they choose P&A. Ms. Papantonio serves in a leadership capacity in the firm’s Diversity & Inclusion Initiative and is a frequent speaker on issues ...

Sponsored by

Wednesday, December 18, 8:30 AM - 9:45 AM

  • Type: Seminar
  • Room: Palos Verdes 6

Today's construction executives and counsel must be knowledgeable about limitations of contractual indemnification and the strategic importance of risk transfer through insurance to ensure intended risk transfer on behalf of their construction clients. This program will examine the basic insurance requirements found in the typical construction contracts including limits, lines of coverage, duration of the obligation, additional insured and waiver of subrogation, as well as the details that distinguish successful insurance requirements from unsuccessful ones. We will also discuss upstream and downstream perspectives, where they differ on key terms, and what to expect when negotiating. The focus will center around real-world impact and examples. Audience interaction and participation will be highly encouraged.

Upon completion of this session, participants will be able to:
  • Draft and negotiate indemnity provisions to effectively transfer risk.
  • Identify which coverage lines are necessary.
  • Draft and negotiate insurance requirements to ensure that insurance is in place to provide the expected coverage. 
... Read More
Speaker (s)
David W Marino
Group Vice President & COO
American Global

25+ years construction risk management experience. Specializing in complex risk mitigation and risk financing strategies for large domestic and international contractors and projects. Experiences include leading teams and client engagements for wrap-ups, captives, loss sensitive programs, contract surety, and subcontractor default Insurance. During his career, David has designed programs for complex infrastructure, including alternative project delivery projects and Public Private Partnerships (PPP), advised clients during merger and acquisition (M&A) transactions, developed solutions for controlled insurance programs, and managed challenging claims to satisfactory outcomes. ...

Sue Arcand
Director of Risk Management
Adolfson & Peterson Construction

Sue is the Director of Risk Management of Adolfson & Peterson (AP), a Minneapolis-based commercial general contractor and construction manager with operations primarily in AZ, CO, MN, and TX. Sue is responsible for influencing and implementing the corporate risk management strategy across the company. She negotiates and procures the corporate insurance program as well as project specific insurance. She develops and negotiates contractual insurance provisions, and oversees all non-litigated claims, while coordinating with General Counsel on management of litigated claims. Sue has over twenty years of experience in risk management and joined AP in 2015 after working as the Director of Risk Management at M. A. Mortenson Company. ...

Michael Pepe
Partner
Saxe Doernberger & Vita, P.C.

Michael Pepe brings extensive experience representing construction industry professionals to SDV. Prior to joining SDV in February of 2014, he represented general contractors, subcontractors, architects and homeowners in contract disputes, construction defect claims, and surety bond claims. He now focuses his practice on complex insurance coverage issues on behalf of policyholders, and has advocated for his clients at trial, on appeal, and in ADR settings. Michael routinely handles issues dealing with commercial liability, builders’ risk, additional insured claims, indemnity, and the duty to defend. He also has experience with franchise and distribution issues, and is familiar with related insurance coverage issues. He is a five-time contributing author and panelist for the CBA Construction Law Section Annual Update, Arbitration and CUTPA sections. ...

Brian Rice
Vice President, Assistant General Counsel & Chief Litigation Counsel
RailWorks Corporation

Brian is Vice President, Assistant General Counsel and Chief Litigation Counsel for RailWorks Corporation. RailWorks' subsidiaries perform construction work in the track and transit industries across the US and Canada. Brian has primary responsibility within the legal department for RailWorks’ form contracts, risk management, and insurance. Brian is actively involved in RailWorks’ contract negotiations across its business units. Brian is also responsible for overseeing all claims, excluding workers' compensation, and litigation for all of RailWorks' subsidiaries. These claims include construction, employment, and personal injury. Brian has primary responsibility for selecting and managing outside counsel and claims consultants. Brian works closely with the project teams to respond to construction disputes early in the project and achieve timely resolution of disputes. ...

Sponsored by

Wednesday, December 18, 9:45 AM - 10:15 AM

  • Type: Networking Events
  • Room: Knowledge Exchange Expo Hall

CSC Knowledge Exchange will host several giveaways this year during the show that you don’t want to miss. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer! 

Sponsored by: Secretariat

... Read More
Speaker (s)
Sponsored by

Wednesday, December 18, 10:15 AM - 11:30 AM

  • Type: Seminar
  • Room: Palos Verdes 7

Contracting with the federal government presents unique challenges that contractors do not experience in the private sector. In this session, government contract practitioners and in-house counsel will present trends in federal contracting for 2019 to include the movement toward multiple award contracts and alternatives to design-bid-build contracting vehicles with federal agencies. Additionally, panelists will summarize the significant cases and legal decisions issued in 2019 by federal courts and the United States Boards of Contract Appeals.

Upon completion of this session, participants will be able to:
  • Understand the challenges of building for federal agencies, to include the unique aspect of sovereign immunity and the regulations related to federal  contracting.
  • Understand the popular contracting vehicles being used by federal agencies in 2019 and the unique challenges that these vehicles present.
  • Understand the significant case law and decisions issued from state and federal courts as well as the United States Boards of Contract Appeals in 2019 and ... Read More
Speaker (s)
Andrea Reagan
General Counsel and Corporate Secretary
Fluor

Andrea L. Reagan serves as General Counsel and Corporate Secretary for Fluor Federal Petroleum Operations (FFPO) in New Orleans, LA. FFPO manages and operates the Strategic Petroleum Reserve (SPR) pursuant to a prime contract with the U.S. Department of Energy (DOE). The SPR is the largest government-owned stockpile of emergency crude oil in the world and provides the President with a powerful response option should a disruption in commercial oil supplies threaten the U.S. economy. It is also the critical component for the United States to meet its International Energy Agency obligation to maintain emergency oil stocks. Before joining FFPO, Andrea began her legal career as a JAG officer in the United States Air Force followed by positions as a Senior Attorney with Battelle Memorial Institute and Associate General Counsel at UT-Battelle, LLC, the management and operating (M&O) contractor for the DOE’s Oak Ridge National Laboratory. Andrea lives in Mandeville, LA ...

Mario Menanno
Associate General Counsel
Barnard Construction Co.

Mario Menanno is Associate General Counsel at Barnard Construction. Mario provides legal counsel tempered by his civil litigation experience to allow the Barnard Companies to make sound business decisions. His counsel ranges from contract review to contract negotiations and claims resolution. His work with insurance claims includes commercial general liability claims, builder's risk claims, professional liability claims, and director's and officer's claims. In addition to assisting internal matters of a legal or contractual nature, he also assists outside counsel in various litigation matters. The Legal Department is also involved in the acquisition and sale of businesses and real property, safety, human resource issues, risk management, accounting, marketing, and providing guidance to all within the Company from the Chairman of the Board to Engineers in the field. ...

Scott Fitzsimmons
Partner
Watt, Tieder, Hoffar & Fitzgerald L.L.P.

Scott Fitzsimmons focuses his practice on government contracts, construction, and suretyship. He has represented contractors, owners and subcontractors in numerous trials and hearings in both state and federal court. Before joining Watt, Tieder, Hoffar & Fitzgerald, Scott served for two years as a law clerk to a federal judge on the United States Court of Federal Claims where he focused on federal government contract matters including bid protest and Contract Disputes Act claims. Scott’s unique experience in federal government contracts offers clients incredible insight into the federal arena and helps shepherd clients through the administrative and regulatory requirements of public contracting. Scott’s experience includes four years of active service as a line officer in the United States Navy. His tours in the Navy included multiple deployments to the Arabian Gulf and the Mediterranean Sea. Scott currently serves as an officer in the U.S. Navy Reserve. ...

Toshi Dezaki
Managing Director
Ankura Consulting Group LLC

Toshi Dezaki is a Managing Director at Ankura with 20 years of national and international consulting experience in construction and government contracting related issues. Toshi provides project advisory services during the course of construction and also analyzes and reviews construction claims post project completion in mediation, arbitration (including international arbitration), and trial. He is based in Washington, DC and Miami. Toshi's construction and government contracting project experience spans a variety of industry sectors including energy, entertainment, healthcare, hospitality, infrastructure, oil and gas, power, marine, residential, telecommunication, and transportation. A large portion of this experience also includes addressing issues related to the allocation of damages between parties including insurance carriers, insured parties, and others as well as surety bonds, principals, and obliges. Toshi has assisted clients and counsel with many types of construction cost analyses, including changes in scope, lost productivity, acceleration, cost categorization reviews, cost variance analyses, reimbursable ...

Sponsored by

Wednesday, December 18, 10:15 AM - 11:30 AM

  • Type: Seminar
  • Room: Palos Verdes 6

Three experts and two counsel will discuss best practices for hot tubbing in context of arbitration, both within the United States and Internationally.

Upon completion of this session, participants will be able to:
  • Know how to prepare experts to maximize the probability of success.
  • Understand the role of counsel in preparing experts to ensure effective presentation, cross-examination, and, procedural fairness.
  • Understand best practices for preparing a client to ensure confidence with respect to due process and procedural fairness.

... Read More
Speaker (s)
E. Mitchell Swann
Principal
MDC Systems

E. Mitchell Swann, PE Mr. Swann''s areas of expertise include engineering design and construction, project start-up, delivery and turn-over. His technical background includes building mechanical systems, instrumentation and control systems and process utilities. Mr. Swann has experience and expertise with the overall design and construction process and the important interface areas involved in the development and completion of projects. Mr. Swann''s industry experience includes pharmaceuticals, biotechnology, microelectronics, critical operations facilities, healthcare, commercial, institutional and residential projects. Mr. Swann has executed projects in the US, Europe and Asia and is well versed in various project delivery approaches including spec\bid\build, EPC and design build. Mr. Swann also has extensive experience in evaluating the original conceptual issues involved in the selection, feasibility analysis and development of capital projects. ...

Ronald L. Williams
Partner
Fox Rothschild LLP

Ron is a seasoned litigator and co-chair of the firm's Construction Law Group. He focuses his practice on construction litigation and the negotiation of construction contracts. In more than 25 years of litigation in the state and federal courts, Ron has established a track record of success in prosecuting and defending construction defect claims against builders and developers. His experience includes claims involving structural components, product performance issues, water penetration and mold, and insurance coverage issues. Ron has also developed a particular fluency in analyzing the risk issues and costs in major construction contracts. He is frequently called upon to serve as an outside consultant to review contracts during the negotiation phase. In addition, Ron handles a wide range of complex commercial litigation and class actions, including medical monitoring and claims for property and personal injury loss. ...

Anamaria Popescu
Managing Director
BRG

Dr. Popescu is a Managing Director of Berkeley Research Group (BRG) Construction Practice. She is a construction arbitrator with the AAA and a licensed Professional Engineer with more than 26 years of experience in project management, construction claims, delay analysis, productivity loss, damages, project controls, and contract management. Dr. Popescu's project experience includes power generation, pipelines, petrochemical and process plants, oil and gas production platforms (on-shore and off-shore), mining, water treatment plants, airports, telecommunications, and commercial construction in Australia, Canada, United States, Mexico, South America, South Africa, and China. Her expertise as well as her doctoral thesis focus on forensic schedule analysis. Dr. Popescu provided program/project management and project control services for projects ranging from $500,000 to $50 billion. As an Expert Witness, she has written numerous expert reports that led to successful settlements as well as testified in international and local arbitration hearings and dispute review board ...

J. Thomas Nocar
Senior Attorney
Porter Wright Morris & Arthur LLP

Tom Nocar is Co-Chair of Porter Wright's Construction Practice Group where he regularly represents construction clients in transactional needs (contract negotiations, teaming agreements, licensing) and in litigation claims (nonpayment, nonperformance, defect cure, delay, acceleration, dispute resolution, mediation, arbitration, and trial). Tom offers a unique combination of skills to his clients; broad technical knowledge of the construction industry and a practical approach to dispute avoidance and resolution. Prior to his law career, Tom worked in construction management for over 26 years, including roles as construction company owner, owner representative, general contractor, construction manager, design builder, and subcontractor. He knows how to build and understands the industry like few other lawyers. He has sat in the chair. Tom protects his clients' interests through contract review and analysis, timely practical advice, and defends their rights when those interests are challenged. ...

Terry Yeager
Managing Director
Berkley Research Group

Terry Yeager is a Managing Director based in the Atlanta Office of Berkeley Research Group (BRG). He has more than twenty years of experience in heavy and highway general contracting, construction management, construction materials operations, asphalt and concrete paving operations, bridge construction and civil construction. He has developed highly specialized skills in estimating, scheduling, project management and business management. He also has extensive industry experience with large infrastructure design build and PPP projects. Mr. Yeager has been a dispute resolution consultant for over 16 years. He has had construction dispute resolution engagements evaluating progress, performance, and risk for projects in all industry sectors. He has also testified numerous times regarding issues involving delay, disruption, inefficiency, differing site conditions, construction defects, standard of care and damages. He has also testified in an international arbitration and has hot tub testimony experience regarding an LNG and natural ...

Sponsored by

Wednesday, December 18, 10:15 AM - 11:30 AM

  • Type: Seminar
  • Room: Palos Verdes 1

This session will focus on Risk Management as a hard science centered around the creation of a qualitative risk assessment model and on practical tips for how that model can be operationalized in a specific construction project to improve dispute resolution outcomes.

Upon completion of this session, participants will be able to:
  • Understand how qualitative risk assessment can identify and quantify relationships between risk factors and their consequences on project performance measures. 
  • Understand how the science of Risk Management can help avoid unresolvable disputes.  
  • Walk away with practical tips for how to operationalize a science-based Risk Management model.

... Read More
Speaker (s)
Sue Arcand
Director of Risk Management
Adolfson & Peterson Construction

Sue is the Director of Risk Management of Adolfson & Peterson (AP), a Minneapolis-based commercial general contractor and construction manager with operations primarily in AZ, CO, MN, and TX. Sue is responsible for influencing and implementing the corporate risk management strategy across the company. She negotiates and procures the corporate insurance program as well as project specific insurance. She develops and negotiates contractual insurance provisions, and oversees all non-litigated claims, while coordinating with General Counsel on management of litigated claims. Sue has over twenty years of experience in risk management and joined AP in 2015 after working as the Director of Risk Management at M. A. Mortenson Company. ...

Harout Samra
Associate
DLA Piper LLP (US)

Harout is a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts. Harout has represented clients from both the public and private sectors, including foreign governments and clients from the insurance, banking, finance, manufacturing, aviation and hospitality industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL) and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules. ...

Felipe Gutierrez
Independent Consultant

Felipe has almost 20 years of experience focused on the delivery of risk and management consulting services. Over the last 10 years, he has been responsible for the successful start-up, development, continued growth, and management (including P&L) of consulting practices for leading, global consulting firms in Latin America. Felipe has extensive experience in providing project management risk, dispute resolution, compliance, forensic accounting, fraud, internal auditing, and assurance related services. This includes presenting his professional opinion through Expert Witness testimony in national international arbitration tribunals, expressing conclusions and factual opinions to different Board Committees (such as Audit Committee and Risk and Compliance Committee) and C-Level of clients. He has focused his activities the last 12 years on risk, commercial, and procurement management services related to major capital projects and programs (implementation and ongoing monitoring) having worked in countries such as Argentina, Australia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, France, ...

Sponsored by

Wednesday, December 18, 11:45 AM - 1:30 PM

  • Type: Keynotes
  • Room: Palos Verdes 4&5

General Counsel from some of the largest General Contractors in the United States will share their personal insights and suggestions for construction attorneys and litigation support experts. You will learn what is most appreciated in the services they receive and what sticks in their craw. How can you stand out from the crowd to get hired counsel or join their in-house team? Come find out in their interactive session.

Presented by: AGC of America

Sponsored by: Vinson & Elkins LLP

... Read More
Speaker (s)
Andrea Woods
EVP & Corporate Counsel
Nabholz

Andrea G. Woods, J.D., PHR, serves as Executive Vice President and Corporate Counsel for Nabholz Construction in Conway, Arkansas. Andrea also serves on the Board of Directors for Nabholz Companies’ parent group, The Nabholz Group, Inc. Nabholz is licensed to provide construction services in 35 states, with office locations in Arkansas, Connecticut, Kansas, Missouri, Oklahoma, Mississippi, and Tennessee. Andrea currently serves as a member of the Arkansas Judicial Discipline & Disability Commission, Chair of the Conway Regional Health System Board of Directors and serves on the Board of Directors for the Children’s Advocacy Alliance for the 20th Judicial District. She is former Chair of the Conway Area Chamber of Commerce and has served on the Arkansas Bar Association Board of Governors and two terms on the House of Delegates. Woods is an active member of the American Bar Association’s Forum on Construction Law. Ms. Woods and ...

Tom Whittaker
Executive Vice President, General Counsel
J E Dunn

As Executive Vice President, Chief Legal Officer and Assistant Secretary, Tom is responsible for managing the Legal Department and all legal matters of JE Dunn Construction Company. Additionally, Tom oversees JE Dunn's labor relations, government affairs and diversity/inclusion & compliance. ...

Ryan Lamb
General Counsel
The Weitz Company

Ryan serves as general counsel for The Weitz Company and is the organization’s chief legal officer responsible for guiding all legal matters, including contract development and review, claims management and insurance. He is licensed to practice law in Iowa and Florida. In addition to his work experience in construction, administrative and labor law, Ryan worked as a civil engineer before joining Weitz. He is a licensed professional engineer in Iowa (civil engineering). Outside of his role at Weitz, Ryan is an officer in the Iowa Army National Guard in which he serves as a JAG. ...

Brian Perlberg
Executive Director and Senior Counsel
ConsensusDocs and AGC

Brian Perlberg serves as Senior Counsel for AGC of America, where is AGC's in-house attorney for all construction law and contract matters. He also serve as the Executive Director & Senior Counsel for ConsensusDocs, a coalition of 40 leading construction organizations. Mr. Perlberg is on the ABA Forum on the Construction Law Steering Committee for the Contract Documents, an Executive Committee for the Arbitration Association of America (AAA), and the Board for Construction SuperConference. Mr. Perlberg regularly speaks at national conferences such as Associated General Contractors of America, ABA Forum on Construction, DBIA CMAA, CSI, and CFMA. He was recently recognized as a top legal voice by ENR magazine and recognized by Whose Who Legal for Construction. ...

Bryan Kelley
Vice President
Howard S. Wright

Bryan Kelley is a Vice President at Howard S. Wright, a Balfour Beatty company. He is a member of Balfour's national legal team and oversees matters for the Pacific Northwest market segment. Prior to joining Balfour Beatty, Bryan was an equity partner at the construction law firm of Oles Morrison Rinker & Baker LLP. He is a recipient of the AGC of Washington Associate of the Year award and a "Rising Star" according to Washington Law & Politics magazine. ...

Sponsored by

Wednesday, December 18, 1:45 PM - 3:00 PM

  • Type: Seminar
  • Room: Palos Verdes 6

The most fundamental attribute of an arbitrator should be her ability to assess evidence and make decisions free from pre-conceived notions or biases—in other words, her neutrality. Neutrality is often presumed to be something arbitrators inherently possess, by dint of experience and intelligence. However, we now know that impartiality is not accrued passively through legal and judicial experience, but a specific skill that can and should be honed through practice and reflection. 

As a neutral, how do you develop and maintain this skill? Do regular exercises for enhancing impartiality constitute a part of your ethical duty as a neutral?

As an advocate, how do you assess the neutrality of a potential arbitrator and make a selection? Is it your ethical obligation to seek out an arbitrator dedicated to enhancing their neutrality? Or might such a selection conflict with your ethical obligation to zealously represent the client? 

Through careful exploration of this rugged ethical ... Read More
Speaker (s)
Sara Beiro Farabow
Partner
Seyfarth

Ms. Farabow is a partner in the Washington, D.C. office of Seyfarth Shaw LLP and the former National Co- Chair of the firm’s Construction Practice Group. For 29 years, she has been practicing international and U.S. contract law at Seyfarth and is recognized by Chambers USA: America’s Leading Lawyers for Business as a leading lawyer in the U.S. Ms. Farabow also is the Leader of Seyfarth's International Dispute Resolution Group. Seyfarth’s Construction Practice Group has won the Chambers USA Award for Excellence in Construction and similar recognition's in U.S. News – Best Lawyers® and Legal 500 for superior client service. Ms. Farabow serves as lead counsel at jury and bench trials in federal and state courts. In addition, she has successfully mediated and arbitrated disputes involving complex construction projects and commercial contracts. These include domestic alternative dispute resolution proceedings as well as international arbitration's conducted under the auspices of the International Chamber ...

Ty Holt
Managing Principal
The Holt Group LLC

Ty Holt has over forty years of experience as a construction and commercial trial lawyer, public finance lawyer, construction transaction attorney, project development and deal structuring attorney. He also has more than thirty years of experience as a construction mediator and arbitrator. Ty is listed in the "Red Book" of public finance professionals; serves as co-bond and co-underwriters' counsel for the City & County of Denver and Park Creek Metropolitan District, Denver, Colorado. Ty is admitted to practice law before the United States Supreme Court, the Colorado Supreme Court, the United States Court of Appeals for the Eighth, Ninth and Tenth Circuits, the United States District Court for the District of Colorado and on a Pro Hac Vice basis in various federal and state trial courts. He was a law clerk to the Honorable Preston Devine of the California Court of Appeals in 1974. ...

David Waddell
ProActive Arbitrator
ProActive Arbitration

After more than three decades as a trial lawyer, David turned his attention to studying how judgments are influenced. He is the founder of ProActive Arbitration which develops active strategies for impartial decision-making, and avoiding practices and procedures that are dilatory and expensive. ...

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Wednesday, December 18, 1:45 PM - 3:00 PM

  • Type: Seminar
  • Room: Palos Verdes 7

This session will discuss the issues and strategies when contractors (and particularly design-build and EPC contractors) are forced to fight on several fronts of a construction project, including simultaneous disputes with the project owner, design consultants, subcontractors, and large equipment providers.

Upon completion of this session, participants will be able to:
  • Understand how conflicts with multiple project participants can arise between the contractor and its subcontractors and consultants and the owner, and how best to minimize financial and schedule problems. 
  • Understand how the contractor can avoid problems during the contract negotiation phase and how to best draft and handle project records and communications during construction to avoid potential conflicting positions.
  • Understand dispute resolution procedures for best handling multiple party disputes. This includes early neutral evaluations and other methods to minimize financial and schedule risk to the contractor.
... Read More
Speaker (s)
Shannon Briglia
Partner
Smith Currie

Shannon Briglia is a partner in the Tysons, Virginia office of Smith Currie. Shannon focuses her practice on advising construction industry participants in risk management and disputes, provides neutral services and serves on project dispute resolution boards. ...

Christine McAnney
Vice President and General Counsel
Balfour Beatty US Civil

Christine is vice president and general counsel for Balfour Beatty's Infrastructure group and handles disputes concerning large complex construction projects ...

Courtney McKendrick Green
General Counsel
Jordan Foster Construction

Courtney was born in San Antonio, grew up on the Texas-Mexico border in a town called Laredo and after high school, headed to Georgetown University in Washington, D.C. to pursue her undergraduate degree in Spanish Literature. Not content with 16 years of education, after graduating from Georgetown, Courtney headed to the University of Texas School of Law where she obtained her law degree in 1994. Her law career began under the tutelage of Justice Sarah B. Duncan at the Fourth Court of Appeals in San Antonio. Courtney spent three years with Justice Duncan, first as her briefing attorney and then as her staff attorney, learning what it means to really practice law, along with the art of writing and advocacy. Upon leaving the court, Courtney joined the litigation section of Akin, Gump, Strauss, Hauer & Feld in San Antonio. A few twists and turns later, Courtney joined the law ...

Eric Nelson
Partner
Smith Currie & Hancock

Eric is partner at Smith Currie and practices in the area of construction dispute resolution and government contracts ...

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Wednesday, December 18, 1:45 PM - 3:00 PM

  • Type: Seminar
  • Room: Palos Verdes 1

Do stadium projects present a unique set of challenges from a risk management standpoint?  We say yes, and for many reasons. First, the pressure is on: The world is watching and firm completion dates are set. Next: Local communities and the state are looking to these facilities to boost their economies and improve life in surrounding neighborhoods. These reasons and others render common risks such as construction delays and cost overruns especially problematic, and they can lead to design and construction errors.  This session brings together construction and insurance experts to offer practical approaches and legal insights to efficient and effective risk mitigation for these high exposure projects. Experts will explore contract drafting, negotiations and mitigations before shovel hits the ground, along with insurance coverages/coverage-maximizing strategies and crisis management to deal with worst-case scenarios.

Upon completion of this session, participants will be able to:
  • Determine the types of delivery structures that make ... Read More
Speaker (s)
Gregory Eichorn, Esq.
Partner
Peckar & Abramson

"Mr. Eichorn currently represents some of the nation’s largest contractors, and his practice involves the resolution of complex construction disputes through negotiations, mediation, and, when necessary, arbitration and litigation for issues including breach of contract, liens, delays, wrongful termination, impacts, defective work and design, governmental audits, inefficiencies, bonds and insurance claims. Mr. Eichorn’s background in construction and the law has afforded him with a unique ability to troubleshoot difficult issues before they become formal disputes through counseling, best practices, innovation, strategic solutions, and risk assessment and management. Mr. Eichorn has a bachelor of science degree in civil engineering from the University of Illinois. His law degree at John Marshall Law School was earned while he worked full time for the nation’s largest general building contractor and construction manager in a variety of roles, ranging from cost and scheduling engineer, project accountant, senior engineer, project superintendent, and then serving as Corporate Counsel. ...

Jose M. Pienknagura
Executive Vice President, Chief Counsel and Risk Manager
AECOM Hunt

Jose M. Pienknagura is Executive Vice President, Chief Counsel and Risk Manager of AECOM Hunt. His experience includes oversight and management of legal and risk issues related to AECOM Hunt's significant construction projects throughout the United States, including hospitals, professional sports stadiums and arenas, hotels and airports. His responsibilities include contract negotiation, insurance placement and negotiation, bonding, claims and litigation, across the spectrum of project delivery mechanisms. José© speaks and writes regularly on construction and insurance topics and has done so for the ABA, IRMI, and the Construction Super Conference, among others. He received his B.A., M.A. and J.D. from Indiana University in Bloomington. ...

Ashley B. Jordan
Senior Associate
Reed Smith LLP

Based in Reed Smith’s Los Angeles office, Ashley B. Jordan specializes in insurance recovery and risk management counseling for policyholders, with an emphasis on construction-related disputes and risk. Ashley assists developers, project owners, general contractors, manufacturers, design professionals, and other construction industry participants resolve high-stakes insurance coverage and bad faith disputes involving commercial, residential, industrial, and public works construction projects. She has secured, during the claims process and in litigation and alternative dispute resolution, defense and indemnification for liability resulting from construction disputes and defects, as well as insurance recoveries for property and business interruption losses. As part of her risk management practice, Ashley drafts and counsels clients on indemnity, additional insured, and required insurance provisions in contracts with downstream parties. She also mitigates risk for clients by conducting insurance program audits to identify gaps in coverage. Post-audit, Ashley drafts and negotiates insurance policy language with brokers and directly with ...

W. Steven Hofmeister
Managing Principal & Structural Engineering Practice Leader
Thornton Tomasetti

Steve Hofmeister has more than 30 years of experience in the structural design and project management of major structural engineering developments. He participates in the design, design management and construction administration of signature sports projects around the world. His experience includes design-build and design-assist projects. A member of Thornton Tomasetti's board of directors, Steve is a Managing Principal and oversees the Construction Engineering and Structural Engineering practices along with leading the Sports and Public Assembly market sector. Steve is a committee member of the Structural Steel Connections Committee for the American Society of Civil Engineers, a Manuals Committee Member of the American Institute of Steel Construction (AISC) and a member of the Structural Engineers Association of Kansas & Missouri (SEAKM). Steve founded the Kansas City Chapter of the ACE Mentor program and sits on the national board of directors. ...

Alex R. Baghdassarian
Partner
Peckar & Abramson

Alex R. Baghdassarian is a Partner in Peckar & Abramson's Los Angeles office. His practice focuses on construction contract negotiations and administration, and claims and litigation, including construction defects and delays, and claims involving defaults and terminations. Mr. Baghdassarian handles binding arbitrations, and jury and bench trials in Federal and State Court and represents clients in Northern and Southern California. Mr. Baghdassarian obtained a $152 million jury verdict for the owner in the Royal Palm Resort litigation, a 10-month jury trial on Guam involving the structural collapse of a high-rise hotel during an earthquake. He also represented the owners of the Frank Gehry designed Walt Disney Concert Hall in connection with $60 million in claims asserted by the contractors and obtained a $30 million arbitration award in connection with construction defects involving an inert debris landfill. Mr. Baghdassarian helped negotiate the construction contracts for two marquis projects in Los Angeles: ...

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