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Dispute Resolution in Construction Cases


Level: Advanced
Runtime: 65 minutes
Recorded Date: October 25, 2021
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Agenda

  • What issues in construction matters are most vulnerable to resulting in disputes?
  • How should a practitioner or professional draft his/her documents to anticipate a dispute and provide a suitable dispute mechanism?
  • How should a practitioner or professional draft his/her documents to anticipate a dispute and provide a suitable dispute mechanism?
  • What the various dispute processes are including litigation, arbitration, meditation, private mediation?
  • Discovery issues and key evidence
  • Tips for a successful resolution
Runtime: 1 hour, 5 minutes
Recorded: October 25, 2021

For NY - Difficulty: For experienced attorney only (Non-Transitional)

Description

Given the issues that have arisen in construction projects as a result of the COVID-19 pandemic and the backlog in the courts, practitioners need this timely CLE that focuses on construction matters in ADR and features qualified arbitrators, mediators and judges who have collectively over a century of dispute resolution.

This program was recorded on October 25th, 2021.

Provided By

American Bar Association
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Panelists

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Chris Kane, P.E., J.D.

Founder & President
P3 Collaborative, LLC

Chris Kane, P.E., J.D., is Founder and President of P3 Collaborative, LLC. He specializes in multi-disciplinary development and implementation of alternative delivery and public private partnerships agreements. His broad experience includes water, transportation, energy and buildings projects. Chris is a licensed engineer with a law degree and an experienced mediator with more than 40 years of experience in the engineering, construction and environmental industries. His project experience has included successful negotiation of integrated agreements to design, build, finance, operate and maintain infrastructure for over $10 billion in capital programs. Projects include co-lead negotiator on the $1.7 billion Dulles Metrorail (Silverline) Phase 1 P3 contract, a $270 million design-build-finance contract for a wastewater treatment plant in Canada, counsel to the $1.5 billion Hudson Bergen Light Rail DBOM project, and a $250 million construct-finance toll road project in the U.S.

Chris received his Juris Doctor from George Washington University and his undergraduate Bachelor Degree in engineering from the U.S. Military Academy at West Point. He served 5 years in the military as a Construction Officer in the U.S. Army Corps of Engineers, and later worked as a project manager, manager of contracts, business executive, and legal advisor for top industry E&C companies and representing public owner clients. He has extensive experience dealing with collaborative methods of dispute resolution both as a neutral and advocate including providing advisory opinions, structured negotiations, mediations, facilitations, and consensus building. He has successfully resolved many technically complicated environmental and construction disputes.

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Alan M. Di Sciullo

Adjunct Professor
New York University Schack Institute of Real Estate

Alan Di Sciullo, Esq. is the retired Director of Global Real Estate for Shearman & Sterling LLP. In that capacity, he directed the firm’s worldwide real estate portfolio. He has been a Senior Vice President with a major global banking organization working on its corporate real estate merger and acquisitions activities and was of counsel with a New Jersey law firm. Mr. Di Sciullo served the largest portion of his career with Morgan Stanley as First Vice President and Senior Counsel responsible for real estate transactions and related litigation, such as the largest leases at the original World Trade Center totaling over 1.2 million sf, claims and relocations following the 1993 and 9/11 attacks on the Towers, development of the 600,000 sf Discover Card Headquarters in Riverwoods, Il., and over 200,000 sf for Dean Witter Trust’s headquarters in Harborside Plaza, Jersey City, NJ.

Mr. Di Sciullo has been active in civic and professional activities. He was a member of President Reagan’s Private Sector Survey on Cost Control (the Grace Committee) and was elected a fellow of the American College of Real Estates Lawyers (ACREL) in 2003. He has served as an Executive, Council and Planning member of the American Bar Association’s Real Property Trust & Estate (RPTE) and has been a long-serving chair of the Office Leasing Committee and various other lease-related committees. He also served as President of the New York chapter of the International Association of Corporate Real Estate Executives (NACORE), director on that organization’s international board of directors, and president-elect of its educational affiliate, the Institute of Corporate Real Estate, and an advisory member on the New York chapter of its successor organization, CoreNet Global. He received numerous leadership and planning awards as the chair of the West Windsor Planning Board between 1993 and 1997. He was a director on the New Jersey Planning Officials board from 1996 to 2014, and he is currently an advisory directory for the Georgetown University Wall Street Alliance.

Mr. Di Sciullo is a co-author of a 2500-page treatise Negotiating and Drafting Office Leases (Law Journal Seminars-Press 1995), now in its 25th year of publication. He is an adjunct Professor at NYU Schack, where he was honored in 2017 for 25 years of service to the University and has received Outstanding Teaching and Services awards. He has also received several Outstanding Faculty awards from CoreNet Global’s MCR program.

Mr. Di Sciullo graduated cum laude in Government and Economics from Georgetown University. He holds J.D. from the Georgetown University Law Center and an M.B.A. in finance from New York University. He is listed as a Super Lawyer (2008) and in Who’s Who in America and the World and in companion publications for American Lawyers, Finance and Emerging Leaders. He has been a frequent author and speaker on commercial real estate issues.

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David Batson

Senior Mediator / Allocation Specialist
AlterEcho

David Batson oversees AlterEcho's ADR, Superfund site cost allocation and Potentially Responsible Party (PRP) Group Services practice. He joined the company in 2015 after a distinguished 36-year career with the US Environmental Protection Agency. While at EPA, David held several leadership positions, including Senior ADR Specialist, Senior Counsel for the Office of Enforcement, and ADR Counsel for the Office of General Counsel. As Senior Counsel, he negotiated several significant Superfund-related legal actions and helped develop federal regulations and enforcement policies.

A recognized expert in legal and equitable aspects of Superfund remediation requirements and confidentiality and ethics in ADR, he drafted the first national policy on the use of ADR in federal litigation, and his work has received awards from the US Attorney General, the General Counsels of OSHA and FAA, and the EPA Administrator. He has served on the faculty at Georgetown University Law Center, Vermont Law School and the University of Maryland and he is a frequent speaker on ADR and mediation. He has also served as Deputy Director of the Coastal America Partnership, a public-private organization dedicated to coastal and marine ecosystem protection.


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