Paul Lurie

As an arbitrator, I try and help the parties have an efficient arbitration process that gets cases adjudicated as quickly and efficiently as appropriate. Most cases in the real estate and construction industries settle before adjudication. I encourage the parties to explore processes that get these settlements to occur as early as possible under the circumstances using independent mediators. I have spent the past 10 years working for broad adoption of the Guided Choice Dispute Resolution tools, which were recognized as useful in the Global Pound Conference’s final reports as a method to earlier resolutions. I am a member of the CCA Committee partnering with CCA, IMI, and Pepperdine Law to implement these ideas in the field of arbitration. I run the Guided Choice website www.gcdisputeresolutions.com, which has had over 10,000 visits from around the world and continues to be popular as a dispute resolution “Horn Book.”

Experience

Paul M. Lurie has been business and legal counsel for major owners, developers, design, and construction firms for more than 40 years. His successful arbitration and mediation practice results from his understanding of the technical and business issues involved with construction disputes. The areas of his experience include issues of real estate development, financing and leasing, architecture and engineering design, LEED compliance, delay, regulatory compliance, soils and surveys issues, cost accounting, insurance, intellectual property, interpretation of domestic and international industry standards forms and collaborative processes including BIM. He is experienced with projects ranging from power plants, hospitals, water treatment plants, airports, civil, commercial buildings, schools and major sports stadiums to custom residences and low- and high-rise residential condominiums and the preservation of historic buildings. His experience includes work using design/build, Engineer-Procure-Construct, Construction Management, Cost Plus Guaranteed Maximum Price and public bidding.

Mr. Lurie is experienced in managing the arbitration process to achieve fairness and cost efficiency. He is a member of The CPR Institute’s committee on electronic discovery and evidence in arbitration. He is a long-time member of the AAA National Construction Disputes Resolution Committee which is responsible for AAA rules and chaired its 1996 Rules Task Force. As a member of the AAA’s Large Complex Case Panel, he is frequently the chair of panels which include industry professionals. He maintains his knowledge of evolving design and construction issues through his active participation in industry and construction law professional associations. He is widely read in the field of construction law. He also is frequently requested to speak and write on important construction, arbitration and mediation issues for professional groups such as the American Bar Association’s Forum on Construction and ADR sections, the American Arbitration Association, the College of Commercial Arbitrators, the American College of Construction Lawyers and the Society of Illinois Construction Attorneys. He is the moderator of the Mediate-and-Arbitrate Listserv, whose 650 members are by invitation only and which follows important legal developments in the arbitration and mediation field.

Work History

Since 1989, a partner at Schiff Hardin LLP. From 1987 to 1989, partner in Neal Gerber Eisenberg & Lurie. From 1968 to 1987, partner in Lurie, Sklar & Simon.

Cases

Representative Cases:

$60 million dispute over design and construction of very large span steel roof of major sports arena. Major dispute was over structural engineering and fabrication issues.

$5 million dispute over major art museum involving complex issues of structural engineering and steel fabrication.

$1 million claim by electrical contractor against airport authority over delay claims on new regional airport. Single arbitrator.

$19 million dispute between a general contractor and owner of a telecommunications data center. The case involved responsibility for a one-year delay in completion. Issues involved foundations, concrete construction, steel construction, underground construction, delay damage issues, change orders, and loss of efficiency. The matter had considerable discovery which had to be managed. The case was completed within the consecutive day four-week schedule agreed upon by the parties.

Chair of panel on an Ohio case involving a $6 million dispute between the prime contractor and the principal supplier and operator of thermal technology equipment involved in remediation of a Superfund site. Claims involved delay, loss of efficiency, and a determination as to whether or not the supplier was in contract compliance. Collateral issues involved compliance with the state EPA requirements.

Member of a three-person panel in a $2 million dispute between a general contractor and the owner of a specialized heart hospital. Issues concerned liquidated damages, delay claims, review of architect decisions, notice requirements, and pass-through of subcontractor claims. The case was completed within one week.

Sole arbitrator in an $800,000 dispute between an owner and general contractor concerning masonry brick construction in a commercial building.

Sole arbitrator in multi-million dollar disputes between EPC supplier of steel mill slag and producer of slag. Case involved unique scheduling problems surrounding installation at operating blast furnace.

Member of a three-person panel arbitrating multi-million dollar claims against a large national homebuilder concerning septic and mold problems.

Sole arbitrator in disputes involving claims brought by residential owner for structural defects under home builder’s warranty and insurance programs.

Training

Current fulfillment of American Arbitration Association training requirments. Regularly have attended AAA training programs since 1996. Also frequent speaker at those programs. Regularly attend annual programs of the International Institute for Conflict Prevention & Resolution (CPR Institute) and the College of Commerical Arbitrators.

License(s)

Illinois 7th Circuit Court of Appeals 6th Circuit Court of Appeals U.S. Supreme Court

Education

J.D. University of Michigan Law School 1965 B.A. University of Michigan 1962

Publications

Editorial Boards

Construction Contracts Law Report (Thomson/West) Editorial Board Member

Publications

International Business Transactions, Chapter 18, ’United States Construction Contracts,’ Kluwer Law and Taxation Publishers (2008)

Arbitration of Construction Disputes, Wiley Law Publications (1990), Lurie, Callahan & Bramble

“The Revised Uniform Arbitration Act: Choice of Law Issues Litigation,” ACCL Journal of the American College of Construction Lawyers, Vol. I No. 2 (Summer 2007) ’Court Committee Opinion Limiting ADR Representation Raises Constitutional Issues, as Well as Problems Rooted in Protectionism,’ Alternatives, Vol. 25, No. 4, (April 2007) “Arbitration and the Unauthorized Practice of Law,” The Construction Lawyer (Winter 2007), Lurie and Ingwalson ’Dispute Resolution Under American Institute Of Architects Documents,’ International Law Office Newsletter (July 2006) ’Lump-Sum v Cost-Plus Contracting: US Practice,’ International Law Office Newsletter (October 2006) ’Using Screening Walls and Advance Waivers To Manage Mediation Conflicts of Interest,’ Alternatives, Vol. 24, No. 3 (March 2006) ’Factors Influencing a Successful Mediation,’ Construction Lawyer, American Bar Association Forum Committee (Summer 2002) ’The New Revised Uniform Arbitration Act,’ Journal of International Arbitration (January 2001) ’Ethics and Mediation,’ ADR Currents (December 2000-February 2001) ’Limitations on the Ability to Obtain Discovery in International Arbitration from Non-Parties Located in the United States,’ Journal of International Arbitration (June 2000) ’Mediation as a Risk and Cost Control Tool,’ Structure (Summer 2000) ’Arbitral Subpoena Powers and Prehearing Discovery,’ ADR Currents (December 1999) ’Removing Roadblocks to Arbitration,’ The Punchlist (May 1999) ’The Importance of Process Design to a Successful Mediation,’ The Punchlist (Winter 1996/1997) ’Computer Aided Mistakes,’ Software Law Journal and ASCE Journal of Professional Issues in Engineering (1988)

Presentations “Practical Considerations and Concerns in Basic Construction Contract Law,” Lorman Education Services Webinar (December 2007) “New Techniques in Arbitration – Live Notes Software, etc.,” College of Commercial Arbitrators 7th Annual Meeting, New York, NY (October 2007) ’Mediation and Arbitration of Real Estate Disputes,’ Law Bulletin Seminars 2007 Real Estate Conference, Chicago, IL (October 2007) “Major Changes in the 2007 AIA Documents,” USLFG Construction Committee Annual Meeting, Las Vegas, NV (October 2007) “Courthouse, Arbitration or Mediation: What is the Best Way to Resolve Real Estate and Construction Disputes,” Lorman Education Seminar, Chicago, IL (May 2007) “Lessons Learned,” Skills Workshop, Best Practices in Commercial Arbitration, ABA Section of Dispute Resolution, ADR In Bloom, 9th Annual Spring Conference, Washington, D.C. (April 2007) “Recent Developments in Arbitration Law,” American College of Construction Lawyers, Dana Point, CA (February 2007) ’Preventing and Managing Claims and Disputes Without Formal Adversarial Proceedings,’ Lorman Education Services Seminar: ’What To Do When Construction Projects Go Bad In Illinois,’ Itasca, Minn. (September 2006) and Chicago, IL (May 2007) ’Significant Developments In ADR,’ ADR State of the Union: The Changing Role of the Lawyer and the Use of ADR in Practice Seminar, Chicago Bar Association (May 2006) ’Ethics: Multi-Jurisdictional Practice,’ ABA Forum on the Construction Industry 2006 Annual Meeting: ’Arbitration and the Unauthorized Practice of Law - Swimming With The Sharks,’ San Diego, CA (May 2006) ’Construction Mediation — A View From the Mediator’s Chair,’ (Panelist) The Court Annexed Mediation Program, Circuit Court of Cook County, Chicago, IL (April 2006) ’Arbitration Update: Revised Uniform Arbitration Act, Uniform Arbitration Act, Disclosure And Diversity Jurisdiction,’ ABA Section of Dispute Resolution Conference, Atlanta, GA (April 2006) ’Why Commercial/Construction Mediations Succeed or Fail,’ American Bar Association, Section on Alternative Dispute Resolution Seminar, Washington, D.C. (April 2001) ’A Comparison of the Major Differences Among the Latest Versions of the EJCDC, AIA and FDIC General Conditions,’ Conference on International Law and Dispute Resolution, Salzburg, Austria (June 1998)

Awards

Construction, Chambers USA Higest Ranking Super Lawyer — Construction Litigation, Illinois Super Lawyers Leading Lawyer — ADR Law: Commercial Litigation; ADR Law: Commercial Real Estate, Environmental and Construction; Construction Law, Illinois Leading Lawyers Network Past Presidents Award, American College of Construction Lawyers Leading Lawyers/Illinois Best Lawyers in America, Construction Who’s Who Legal — Illinois, Construction, Arbitration AV Peer Review Rated, Martindale-Hubbell 2009 President’s Award for Leadership in Conflict Management, American Arbitration Association.

Panels

American Arbitration Association, Large & Complex Case Construction Panel American Arbitration Association, International Centre for Dispute Resolution Panel The CPR Institute, Construction Panel Illinois Capital Development Board Construction Panel

Associations

American College of Construction Lawyers College of Commercial Arbitrators International Academy of Mediators American Bar Association: Forum on Construction, TIPS Section, Section of Litigation, and Alternative Dispute Resolution International Mediation Institute (Certified)