REGISTER - LIVE WEBCAST

Broadcast Date: Tuesday, May 31, 2022 from 12:00 pm to 1:00 pm (ET)

Overview:

The economic disruptions brought by the COVID-19 pandemic, along with recent court cases, have triggered waves of issues in the construction industry. These developments further complicate the regulatory landscape, particularly the concept of the limitation of liability clauses, the remedy of alleged defects under the Arizona Purchaser Dwelling Actions Act, and other statutory rules. With the various methods of preparing requirements and procedural steps, businesses need to know what option best suits their case to implement effective resolution strategies.

Listen as experienced construction lawyers Joseph Darr (Kirwin Norris, P.A) and Steven Nudelman (Greenbaum Rowe Smith & Davis LLP) provide the audience with a comprehensive discussion of the most appropriate alternative dispute resolution strategies in construction-related cases. Speakers, among other things, will offer compliance and litigation strategies to avoid legal pitfalls.

Key topics include:

  • Construction-Related Alternative Dispute Resolution Trends and Developments
  • Common Construction-Related Issues
  • Recent Court Cases Impacting the Construction Landscape
  • Exploring Effective Dispute Resolution Strategies
  • What Lies Ahead

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of alternative dispute resolution

 

Course Code:

 

NASBA Field of Study:

Areas of Professional Practice

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.0 CLE

Speaker Panel:

Joseph Darr, Partner
Kirwin Norris, P.A.

Joe’s practice is focused on construction and commercial litigation in both state and federal courts. His experience includes representing ENR Top 400 contractors and many of the largest sureties in construction and commercial disputes on large public infrastructure projects. His background also extends to other construction-related matters, including False Claims Act actions, bid protests, and employment law matters, such as wage/overtime actions and retaliation claims. Also, he was involved in the contract drafting and negotiation process for several public-private partnership projects.

Steven Nudelman, Partner
Greenbaum Rowe Smith & Davis LLP

Steven is a partner in the Litigation and Real Estate Departments at Greenbaum, Rowe, Smith & Davis LLP, where he is Chair of the Construction Contracting & Risk Management Practice Group and a member of the Construction Disputes Practice Group. The firm has offices in Woodbridge, Roseland and Red Bank, New Jersey and in New York. For over 25 years, Steve has represented members of the construction industry across a broad spectrum of matters. On the transactional side, he works with owners and developers, construction managers, general contractors, subcontractors and design professionals to prepare and negotiate contract documents for construction in the NJ and NY metropolitan area. Steve also draws upon his wide-ranging experience in construction litigation, representing clients in state and federal courts and in local and international mediations and arbitrations. He is appointed to the roster of arbitrators for the American Arbitration Association (AAA) Consumer Panel. Steve frequently lectures to industry groups and bar associations on construction law topics, is the legal columnist for two specialty trade publications, Plumbing Engineer and PHC News, and is an appointed member of the national construction editorial board of Law360.

Agenda:

Joseph DarrPartner Kirwin Norris, P.A.

AND

Steven NudelmanPartner Greenbaum Rowe Smith & Davis LLP

  • Contract Provisions for Arbitration – what are the choices?
  • Administered vs. Non-Administered – benefits/detriments to using an outside provider as opposed to do-it-yourself
  • Expedited Arbitration – when should this be used and why?
  • “Baseball” Arbitration – how does this work in the context of construction?
  • Large/Complex Construction Arbitration – how are these kinds of cases handled? How are they different from regular arbitrations?
  • Discovery in Construction Arbitration – how this differs when you have large/complex vs. standard arbitrations
  • Who decides whether a dispute is subject to arbitration under a contract—judge or arbitrator?
  • Recent example of potential arbitrator misconduct in a construction dispute that potentially jeopardized the enforceability of the arbitration award.
  • Dispute Review Boards as an alternative to litigation and arbitration.

Materials:

Coming Soon.

Please check back again later.

Who Should Attend:

  • Alternative Dispute Resolution Lawyers
  • Alternative Dispute Resolution Specialists
  • Construction Industry Lawyers
  • Mediator/Arbitrators
  • Dispute Analysts
  • Legal Executives
  • In-House Counsel
  • General Counsel

SPEAKERS

Joseph DarrPartner
Kirwin Norris, P.A.
Steven NudelmanPartner
Greenbaum Rowe Smith & Davis LLP

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