FN-268283 MN-268283 LN-268283, Esq.
Attorney
St. Louis, Missouri
UB Greensfelder, LLP – Partner
Attorney
Attorney, UB Greensfelder, LLP, 2024 - Present; Attorney, Greensfelder Hemker & Gale P.C., 1994 – 2023; Project Manager, Brown & Root Inc., 1984 – 1994.
Over 30 years of construction law experience including multi-party litigation/alternative dispute resolution and contract preparation. Issues include contract termination, scheduling and delays, loss of productivity, defective design, defective workmanship, differing site conditions, and extra work claims. Past Construction Practice Group Leader for law firm for over twelve years. In addition, ten years of work experience as a professional engineer working for a large international engineering/construction company. Significant construction projects include serving as project manager for the design and construction of over $50 million in environmental modifications to existing refinery; serving as project engineer for the design of new polypropylene plant; serving as project engineer/mechanical engineer for the design and construction of rehabilitation and modification of existing ethylene plant; serving as mechanical engineer for the design and construction of new copper processing plant; and serving as mechanical engineer for the design and construction of three offshore oil and gas platforms and onshore processing facility. Mechanical engineering experience in design of piping systems, rotating equipment (pumps and compressors), and fabricated equipment (pressure vessels and heat exchangers). Project management experience includes engineering management, on-site engineering management, scheduling, cost accounting, estimating, and change orders.
Mediator for matters involving public utility plant, industrial plants, office buildings, health care facilities and cannabis growing facility. Several mediations have been multi-party disputes involving owners, contractors and designers. Also conducted med/arb proceeding involving contractor/supplier dispute. Extensive experience as a construction law attorney settling a variety of types of disputes throughout the United States through negotiations and in mediations. Have resolved numerous types of construction-related issues on behalf of owners, designers, contractors and others involved in the construction process. These issues include contract termination, scheduling and delays, loss of productivity, defective design, defective workmanship, differing site conditions, extra work claims and insurance coverage disputes.
Every mediation is different and the approach taken by the mediator must be tailored to each particular situation; however, I have found that most construction mediations require the mediator to be willing and able to provide to the parties at some point in the process a well-grounded evaluation of their case. Generally, successful mediations require thorough preparation by the parties and the mediator to understand and assess the key factual and legal issues.
Pre-mediation conferences, either individually or jointly with the parties, are usually necessary to explore technical issues and damages, particularly when only limited discovery has taken place. At times, it may be necessary to develop a process in which certain key information is exchanged between the parties and/or with the mediator before the joint mediation conference.
With respect to the mediation conference itself, it is usually helpful to first facilitate a baseline of mutual understanding among the parties regarding the factual and technical issues before addressing damages and settlement valuation assessments of the case. It may also be appropriate to explore non-monetary considerations.
I believe that mediation can be helpful to every case and it is my goal to work with the parties to resolve all or as many issues as possible by the end of the mediation conference. However, if a complete settlement is not reached at the mediation conference, I’m willing to persistently follow-up afterwards to continue the process towards a global settlement before the ultimate litigation/arbitration.
Pre-mediation conferences, either individually or jointly with the parties, are usually necessary to explore technical issues and damages, particularly when only limited discovery has taken place. At times, it may be necessary to develop a process in which certain key information is exchanged between the parties and/or with the mediator before the joint mediation conference.
With respect to the mediation conference itself, it is usually helpful to first facilitate a baseline of mutual understanding among the parties regarding the factual and technical issues before addressing damages and settlement valuation assessments of the case. It may also be appropriate to explore non-monetary considerations.
I believe that mediation can be helpful to every case and it is my goal to work with the parties to resolve all or as many issues as possible by the end of the mediation conference. However, if a complete settlement is not reached at the mediation conference, I’m willing to persistently follow-up afterwards to continue the process towards a global settlement before the ultimate litigation/arbitration.
University of Houston (JD, magna cum laude-1994; BS, Mechanical Engineering, cum laude-1984).
Admitted to the Bar: Missouri (1994), Illinois (1995). Professional Engineer: Texas #66264 (1989); LEED Green Associate (2010-inactive).
American College of Construction Lawyers (Class of 2021); Meritas (Past Board of Directors); Bar Association of Metropolitan St. Louis (Construction Law Committee, Past Co-Chair); American Bar Association (Forum on the Construction Industry; Division 3 member); Missouri Bar Association; Illinois Bar Association; American Society of Mechanical Engineers; Engineers' Club of St. Louis; Associated General Contractors of America; Building Subcommittee for Webster Groves School District Board (Past Member); St. Louis Zoo (Building Subcommittee Past Member).
"Anatomy of a Construction Dispute", Missouri Consortium for Construction Innovation, 2021; "Construction Dispute Resolution", Guest Lecture - Missouri University of Science and Technology (Rolla), 2021 - 2023; "Missouri Construction Law Survey", Practical Law Institute, 2021; "Construction Law", St. Louis ASHRAE Chapter, 2018; "Debunking Myths of Arbitration and Mediation", St. Louis ACC Chapter, 2018; "Contract Termination and Dispute Resolution in Construction," National Business Institute, 2012; "How to Prevent the Potential Hazards of Green Design," Lorman, 2008; "Fundamentals of Construction Contracts," Missouri Bar, 2008; "Missouri Construction Law: What Do You Do When?," National Business Institute, 2005-2007; "You Can Pay Me Now, Or You Can Pay Me (More) Later?," Bar Association of Metropolitan St. Louis, 2006; "Everything You Need to Know About Mechanic's Liens," Bar Association of Metropolitan St. Louis, 2005; "A Practical Guide to Construction Arbitration," Bar Association of Metropolitan St. Louis, 2004; "Construction Claims," Bar Association of Metropolitan St. Louis, 2003; "Let's Make a Deal: Understanding Construction Contracts," The Bar Association of Metropolitan St. Louis, 2002; "Payment Issues on Construction Projects," The Bar Association of Metropolitan St. Louis, 2001; "Missouri Mechanics Liens," The St. Louis Bar Journal Issue on Construction Law, vol. XLVIII, no. 2., Fall 2001; "Advanced Construction Law in Missouri," National Business Institute, 2000.
$500 Per Hour
English
United States of America
St. Louis, MO
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.
