FN-177 MN-177 LN-177, Esq.
Attorney, Arbitrator and Mediator – Construction, Commercial, Labor Law, and International.
Dallas, Texas
Canterbury, P.C. – Independent Arbitrator and Mediator/Of Counsel
Attorney, Arbitrator and Mediator – Construction, Commercial, Labor Law, and International.
Independent Arbitrator and Mediator and of Counsel/Chairman and Director, Canterbury P.C., 1981 – 2016; Partner, Smith Smith Dunlap & Canterbury, 1969 – 1981; Associate Attorney, Blanchette Smith & Shelton, 1966 – 1969; Commerce Clearing House, 1964 – 1966; U.S. Navy, 1956 – 1959, Part time work for various construction firms, 1953 – 1956 and 1959 – 1963.
Fifty years of experience as a lawyer specializing in construction law. Represented clients and arbitrated disputes in multi-family, commercial, industrial, utility, pipeline, highway, bridge, commercial, sports stadiums, power and cement plants, petrochemical plants, both transactional and litigation work.
Served as a mediator in approximately 270 cases. Most have been between owners and contractors or design professionals. Has experience in mediation cases involving multiple parties (3 to 18) on difficult construction delay and defect cases. Currently, 60% of work as a neutral is devoted to mediation.
Representative issues handled as a mediator include the following: delay and impact claims; design defects; construction defects (including two major mold cases); three power plants; two cement plants; school construction; personal injury and property damages arising out of construction accidents and water intrusion cases involving window walls, roofing and other sources; and cases involving supply contracts.
I am a pro-active mediator. My view is that parties to a construction case do not need an "offer passer" as much as someone who will probe the facts and the parties' positions to help them make a wise decision. I do a lot of up-front work. My opinion is that construction cases require a mediator with knowledge of the industry.
Southern Methodist University (JD, Phi Delta Phi-1966); University of Dallas (BA-1963).
Admitted to the Bar: Texas (1967); Supreme Court of the State of Texas; U.S. District Court: Northern, Western and Eastern Districts of Texas, District of Arizona; U.S. Court of Appeals: Fifth, District of Columbia & Federal Circuits; U.S. Court of Federal Claims, U.S. Supreme Court
Member and Past President of the American College of Construction Lawyers. Former Chair of the Construction Law Sections of the Dallas and Texas Bar Associations. Member of the Dallas, Texas and American Bar Associations.
Publications: Co-author, TEXAS CONSTRUCTION LAW MANUAL, Thompson West, 3rd ed. 2005, and annual supplements 2006-2023; TEXAS CONSTRUCTION LAW MANUAL, Shepards McGraw-Hill, 1st ed. 1981, 2nd ed. 1993; contributing author, CONSTRUCTION LAW HANDBOOK, Aspen, 1999, annual supplements through 2014; co-author, "Spearin Meets Lonergan," CONSTRUCTION LAW JOURNAL, 2005; “Drafting Arbitration Clauses in Construction Contracts to Get the Arbitration You Want”, CONSTRUCTION LAW JOURNAL, 2014 (co-authored with Allison J. Snyder); contributing author, WILEY CONSTRUCTION LAW UPDATE, 1994-2014; contributing author to COLLEGE OF COMMERCIAL ARBITRATORS “Guide to Best Practices in Commercial Arbitration (3rd ed.), and various articles and speeches regarding arbitration and construction law.
Speaking Engagements: (Partial Listing) Panel Member, "Multi-Party Litigation: Construction & Commercial", Advanced Alternative Dispute Resolution Court, ADR Section of the Texas Bar Association (Austin, Tex. January 12, 2024); "Construction Mediation Program of the Dallas Bar Association ((May 2022); Panel, "A View From the Tribunal", ADR Committee of American College of Construction Lawyers Annual Meeting (2016): Preparation for Arbitration Enforcement of Arbitration Awards, American Arbitration Association Commercial Arbitration Seminar (March 1995); Construction Law Development and Trends, Construction Law Section of the Houston Bar Association (1998-2012); Various papers and speeches on construction law topics for the Construction Law Section of the State Bar of Texas Annual Construction Law Conferences (1990-2012); Construction Law Update, Dallas Bar Construction Law Section (2004-2012); Panel Moderator, Trying the Case Before a Jury vs. a Judge vs. an Arbitrator, ABA Forum on the Construction Industry Program; Swimming with the Sharks: Litigating the Construction Case, (San Diego 2006); Straight Talk About Construction Arbitration, Panel Moderator, American Arbitration Association’s NCDR Conference (Dallas, 2005); Bid Shopping (Obtaining the Best Products and Services at the Most Favorable Price or Evidence of Company Greed and Immorality), Construction Specification Institute (February 2011); Senior Law Professor, Center for International Legal Studies, Salzburg, Austria; Taught International Arbitration seminar at the University of Seged, Hungary (2015).
Speaking Engagements: (Partial Listing) Panel Member, "Multi-Party Litigation: Construction & Commercial", Advanced Alternative Dispute Resolution Court, ADR Section of the Texas Bar Association (Austin, Tex. January 12, 2024); "Construction Mediation Program of the Dallas Bar Association ((May 2022); Panel, "A View From the Tribunal", ADR Committee of American College of Construction Lawyers Annual Meeting (2016): Preparation for Arbitration Enforcement of Arbitration Awards, American Arbitration Association Commercial Arbitration Seminar (March 1995); Construction Law Development and Trends, Construction Law Section of the Houston Bar Association (1998-2012); Various papers and speeches on construction law topics for the Construction Law Section of the State Bar of Texas Annual Construction Law Conferences (1990-2012); Construction Law Update, Dallas Bar Construction Law Section (2004-2012); Panel Moderator, Trying the Case Before a Jury vs. a Judge vs. an Arbitrator, ABA Forum on the Construction Industry Program; Swimming with the Sharks: Litigating the Construction Case, (San Diego 2006); Straight Talk About Construction Arbitration, Panel Moderator, American Arbitration Association’s NCDR Conference (Dallas, 2005); Bid Shopping (Obtaining the Best Products and Services at the Most Favorable Price or Evidence of Company Greed and Immorality), Construction Specification Institute (February 2011); Senior Law Professor, Center for International Legal Studies, Salzburg, Austria; Taught International Arbitration seminar at the University of Seged, Hungary (2015).
$4,000 Per Day
English
United States of America
Dallas, TX
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
