CCA Presents: Unique Characteristics of Construction Arbitration and Techniques to Address Them
The College of Commercial Arbitrators Presents: Unique Characteristics of Construction Arbitration and Techniques to Address Them
Friday, May 31, 2024
12:00 PM Eastern / 9:00 AM Pacific (75 Min)
Hosted on ZOOM by JURIS Conferences
This presentation is the sixth installment of an ongoing series of webinars based on the topics and techniques found in the CCA Guide to Best Practices in Commercial Arbitration – Fourth Edition. Attendees will receive complimentary access to Chapter 17 – Unique Issues in Construction Arbitration from The Guide. Webinar registrants can purchase The Guide with a 20% discount using the promotion code CCA20 on orders made via the Juris website with a credit card.
NOTE: The recordings of the prior installments are also available via the Juris Conferences website.
NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice (1.5 credit hours). A certificate of attendance will be provided upon request which may be used when applying to all other jurisdictions.
Key Topics
There is a need for the arbitrator(s) to understand the customs, practices, processes, and terms that are unique to design and construction disputes. This program will identify the key differences and distinguishing characteristics between construction and commercial arbitration practices and procedures.
Speakers will also discuss techniques for addressing these key differences to minimize undue expenses and disputes. Arbitrator(s) must carefully plan for, structure, and manage the entire construction arbitration process from beginning to end, including:
- Preliminary Scheduling Conferences and Scheduling Orders
- Planning Discovery and Minimizing Discovery Disputes
- Expert Witnesses: From endorsement through hearing testimony
- Technical Aspects of the hearings
- Motion Practice
- Structuring the presentation of evidence on pay apps, change orders, damage claims, subcontractors and suppliers
- Bifurcation of hearings
- Interim and Final Awards
Panelists
Herbert H. (Hal) Gray, III‘s law practice focuses on Construction Law and Litigation and Alternative Dispute Resolution. Hal has been a member of various American Arbitration Association Arbitration Panels for over 35 years and in that time has served on over 300 cases as an arbitrator. He has served as a mediator for over 25 year and has mediated hundreds of disputes. He is a Past President of the College of Commercial Arbitrators, a Past President of the Georgia Arbitrators’ Forum and a Fellow of the American College of Construction Lawyers and the American College of Civil Trial Mediators. He has also been certified as a mediator by the International Mediation Institute. Hal is a Past Chair of the State Bar of Georgia Dispute Resolution Section and the Construction Law and Dispute Resolution Sections of the Atlanta Bar Association. He currently serves on the Georgia Supreme Court Commission for Dispute Resolution (“GCDR”).
Deborah Bovarnick Mastin mediates and arbitrates large complex and multi-party commercial, construction and EPC disputes in the USA and internationally with CPR, ICC, AAA (Mega Projects Panel, Large Complex Case Panel, Master Mediator Panel, Dispute Board Panel, ICDR International Panel), CIArb and LCIA. As an arbitrator and mediator since 1996, she has addressed disputes arising from the design, construction and operation of infrastructure facilities, including: nuclear and fossil fuel power plants, solar farms, power sales; mining, wastewater treatment; bridges; tunnels; highways; fuel pipe lines and utility corridors; commuter and light rail systems; airports; marinas; hospitals; university campus buildings, commercial and industrial projects; multi-family residential, hotel and resort developments, assisted living facilities. Until 2013, as an Assistant County Attorney for Miami-Dade County and Broward County, she drafted contracts and litigated claims on public infrastructure projects, including $6 billion Miami International Airport expansion, $2 billion Ft. Lauderdale-Hollywood International Airport expansion, bridges, tunnels, museums, performing arts centers, stadiums, waste treatment facilities, environmental remediation, co-generation and other power plants, renewable energy, light automated light rail systems, utilities and piping, and information technology systems.
Fellow of: Chartered Institute of Arbitrators, American College of Construction Lawyers, College of Commercial Arbitrators, Dispute Board Federation. Past president Dispute Resolution Board Foundation Region 1 (USA and Canada)
Patricia H. Thompson arbitrates and mediates with JAMS Miami, concentrating her practice in construction, employment, financial insurance matters, and other complex, commercial domestic and international disputes. Ms. Thompson is regularly listed by The Best Lawyers in America, Chambers USA Guide to America’s Leading Business Lawyers, The International Who’s Who of Construction and Business Lawyers, and similar Florida publications ranking attorneys in her areas of practice concentration. She is a Fellow of the Chartered Institute of Arbitrators and the American College of Construction Lawyers. Before joining JAMS in 2017, Ms. Thompson enjoyed a successful career for 40 years as trial lawyer and arbitrator. She has long been active in the ABA, chairing the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section and co-chairing the Construction Litigation Committee of the Litigation Section. She is a frequent author and lecturer for both ABA sections, the Forum on Construction, and the Florida Bar Association.
Moderator:
L. Tyrone Holt, B.A. 1971 (Magna Cum Laude), Morehouse College; J.D. 1974, Stanford University; M. Theology, 1997, Peace Theological Seminary and College of Philosophy; Member of Phi Beta Kappa National Honor Society, Delta of Georgia Chapter (1971). He is a member of the Colorado Bar, the United States Supreme Court, the Eighth, Ninth and Tenth Circuit Courts of Appeal, and a number of federal district courts. He also has been admitted Pro Hac Vice in various state courts of record throughout the United States. Mr. Holt is a nationally recognized commercial and construction arbitrator and mediator and has over over forty years of experience as a construction trial lawyer and advisor following qualifications and credentials:
Fellow, College of Commercial Arbitrators (“CCA”), Past-President, Contributing Author, CCA Guide to Best Practices for Commercial Arbitrators, Chair, CCA Construction Committee, Co-Chair CCA Associates Mentoring Program; Certified Mediator, International Mediation Institute; Member, National Academy of Distinguished Neutrals (“NADN”)
Arbitration and Mediation Panels; Member, American Arbitration Association (“AAA”), Counsel-rated Panel for Mega Construction Project Claims; Member, AAA Master Mediator Panel – Construction; Member, International Institute for Conflict Prevention and Resolution (“CPR”) Construction Industry Mediation and Arbitration Neutrals Panels; Member, Mediator Panel, Resolute Systems, LLC, Insurance Coverage Disputes.
This program will include optional audience participation in a Q&A with panelists.
Please note that this conference will be recorded and may be made available by JURIS Publishing after the event. Audience members will not be visible in the recording.