PLAY RECORDING

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

 

Prerequisite:

General knowledge of alternative dispute resolution

 

Course Code:

149861

 

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.  He is Chair of the firm’s Construction Contracting & Risk Management Practice Group and a member of the Construction Disputes Practice Group. Steven has practiced construction law for over 25 years, handling both transactional matters and claims.  He works with owners, contractors and design professionals to prepare and negotiate contracts for regional construction in the New York/New Jersey area as well as international construction in other countries. In addition to contracting, Steven often represents clients in construction disputes, appearing before state and federal courts, as well as local and international arbitration tribunals. Steven is a Charter Fellow of the Construction Lawyers Society of America and Co-Chair of the Construction Law Section of the New Jersey State Bar Association.

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:

Download Course Materials

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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