Attorney, Arbitrator, Mediator

Chief Executive Officer (CEO), Richelo Law Group LLC, 2007 – Present; Of Counsel, Schulten Ward & Turner LLP, 2007 – 2012; CEO, Shareholder, Richelo Morrissey & Wright P.C., 1994 – 2006; Owner/Attorney, Law Offices of Thomas Richelo, 1991 – 1993; Partner/Associate, Peterson Dillard Young Self & Asselin, 1981 – 1991.

Practice provides dispute resolution and dispute avoidance services to clients in two primary areas: (1) the construction industry and (2) other business relationships. Since 1981, has worked with hundreds of contractors, subcontractors, owners, developers, architects, engineers, suppliers, equipment providers and other construction industry participants to manage the challenges of ongoing projects and to resolve disputes. Types of cases and claims include delay claims (with CPM delay analysis), extra work, acceleration, design defects, labor inefficiency, disruption, termination, constructive termination, contract document interpretation, change order disputes, delayed payment, Contract Disputes Act, Prompt Payment Act, tortious interference and payment disputes. Skilled in negotiation, mediation, arbitration and litigation of construction matters, and same skills are put to use in other commercial dispute settings, including disputes between shareholders and competitors, claims for executive compensation and commissions, creditor's claims, and other disputes arising from business transactions. Besides representing clients in dispute resolution, services are offered to construction industry businesses and other small businesses (property owners and managers, self-employed entrepreneurs, service companies, distributors and re-salers, for example) for general business advice and legal problem avoidance.

Cases mediated have been construction law matters where the parties were construction industry businesses or owners of projects. Representative of the types of matters have been those arising from utility construction projects, church or institutional construction, concrete structures, grading, and professional design service disputes. The parties involved have ranged from owner to contractor, subcontractor and design professionals, with insurers and sureties at times directly or indirectly involved. Amounts in dispute are typically under $1,000,000 but have ranged from the lower to upper end of that limit.

Most important to this experience as a mediator has been understanding the motivations, feelings and triggers that led the parties to hardened adversarial positions as opposed to being able to work out their differences without resort to formal dispute resolution. In successful cases the parties have recognized that mediation can give them a second chance at consensual problem solving, and presenting this as an opportunity still available has been central to successful outcomes.

Cases have involved construction law matters including disputes over quantity and quality of work and value, defective work allegations, delay in performance, and change order disputes. Also, cases have addressed contractual responsibility, such as where contract documents do not clearly allocate certain risks or costs to a particular party and disputes must be resolved. Interpretation of drawings and regulations arise often in such cases. Also, architectural and professional design services have been at issue where the professional’s billings and total charges have come into question, either because estimates were exceeded, the performance of additional services was disputed or quality and completeness of services was challenged. Parties to such cases have included owners, general contractors, subcontractors, architectural firms and insurers or sureties.

My mediation philosophy begins with the belief that all disputes can be resolved consensually if certain conditions are in place. First, the parties must have a genuine desire to end the conflict and achieve a definite result as a means of avoiding future uncertainty. Second, the parties must appreciate the opportunity costs of continuing a dispute, including time and resources that will be devoted to the continuation of their conflict. Third, parties must be made to feel that the mediation process is both rational and fair. Fourth, in the process the psychological underpinnings to the origin of the dispute must usually be exposed so that, with an understanding of "what went wrong" the parties can be guided toward a resolution that comes as close as possible to the outcome that should have been achieved if events had not taken a wrong turn. When all of those conditions are satisfied, likelihood of a successful mediated resolution is high.

The mediator's role is important in achieving the conditions needed for success. Early in the process, the mediator must explore the desire of the parties to reach a mediated outcome and establish that resolution as the mutual goal of the session. Working with the parties' counsel, the mediator must uncover the opportunity costs so that the parties have a baseline with which to compare potential compromise outcomes. Giving parties a sense of rationality and fairness is achieved by assuring the parties feel they have been heard. Here, the mediator's skills must be employed to give the parties time necessary to have their say and, in particular cases, to draw out the feelings the parties need to express in order to have the "catharsis" experience and get something "off their chest" so they can move forward. An additional ingredient to the success recipe is provided when the mediator is adept at illustrating the range of possible outcomes to the parties should they not achieve agreement, which in many instances is an awakening to the fact that the parties cannot expect a net, better outcome than the mediated result even if they go forward with their case and win a complete victory.

Duke University (JD-1981; BA-1978).

Admitted to the Bar: Georgia, 1981.

American Bar Association (Forum on Construction Industry, Sections on Litigation, Public Contract Law, Tort & Insurance Practice); Atlanta Bar Association (Construction Law Section; Dispute Resolution Section; Small Firm Section); State Bar of Georgia (Dispute Resolution Section).

- "Your Surety: His Responsibilities and Rights," and "Pay When Paid Clauses: Interpretation and Enforcement," Associated General Contractors of America, Georgia Branch Winter Meeting, 1990.
- "Legal Implications of Design-Build Method in High Technology Projects," American Bar Association Forum Committee on the Construction Industry, Washington, D.C., October, 1990.
- "Contract Negotiation: Getting the Right Design and Construction Agreements," American Society for Hospital Engineering Program on Outpatient Facilities, 1991.
- "Application of Design/Build to this Age of Technological Advancement," in Design-Build Contracting Handbook, Wiley Law Publications, 1992 and revised edition, 2001.
- "The Great Design and Construction Contracting Game," International Conference and Exhibition on Health Facility Planning, Design & Construction, 1995.
- "Georgia Construction Law: What Do You Do When...?" National Business Institute, 1996, 1997, 1998.
- "Mechanic's Lien Law and Strategies in Georgia," National Business Institute, 2000.
- "Construction Payment Remedies in Georgia," National Business Institute, 2001.
- "Construction Site Safety Issues," Half Moon Seminars, LLC, 2005.
- "Construction Contracting and Lien Enforcement in Georgia: Building a Foundation for Payment" National Business Institute, January, 2006.
- "Using a Mechanic's Lien to Get Your Money," National Business Institute, December, 2006.
General Contractor's Mid-Winter Annual Management Conference, 2002 to 2009.
- "Construction Law Developments," Georgia Utility Contractors Association, Mid-Winter Management Conference, 2009 and 2010.
- "Construction Law Basics," San Diego Hispanic Contractors Association, Monthly Meeting, 2012.
- "Applying the Rules of Civil Procedure In Georgia," National Business Institute, March, 2015.
- "How to Get Your Social Media, Email and Text Evidence Admitted (And Keep Theirs Out)," National Business Institute, November, 2016.
- "Ultimate Guide to Expert Witnesses," National Business Institute, December, 2017.
- "Construction Law: Advanced Issues and Answers," National Business Institute, October, 2019.
- "Getting the Money: Collection Strategies for the Modern Economy," Society of Cleaning and Restoration Technicians, February, 2020.

$325 Per Hour

English

United States of America

Atlanta, GA