FN-8887 MN-8887 LN-8887, Esq.
Attorney, Arbitrator and Mediator
Pittsburgh, Pennsylvania
Eckert Seamans Cherin & Mellott, LLC - Member; Chair of Litigation Division; Member of the Firm's Executive Committee and Board of Directors.
Attorney, Arbitrator and Mediator
Partner/Associate, Eckert Seamans Cherin & Mellott LLC, 1981 – Present.
Primarily engaged in a commercial litigation practice focusing on construction law. Seventy-five percent (75%) of practice in construction law primarily representing owners, developers, design professionals, public agencies, EPC and design/build contractors, general contractors, sub and specialty contractors and equipment suppliers, both domestic and internationally, in public and private sector work, on all types of construction claims before various state and federal courts and arbitration panels. Extensive experience in drafting construction and design contracts, advising on contract administration and project management matters, and handling cases involving all types of direct and indirect cost claims, including claims for delay, acceleration, loss of productivity, default, termination, extra work, defective specifications, design errors and omissions, differing site conditions, bid protests, mechanics' lien and payment and performance bond claims. Significant experience with industrial/manufacturing facilities, power generation infrastructure and mass transit, commercial, condominium and multi-family housing, stadiums and entertainment complexes. In addition, has a broad range of experience in a variety of commercial and business litigation, including misappropriation of trade secret, unfair competition, breach of contract, trust and estate disputes and real estate disputes.
Served as mediator in 20 construction cases including five between public owners/authorities and general contractors; six between private owners and general contractors; one between at-risk CM and concrete subcontractor; three between a general contractor and subcontractors, and three between a homeowner and a residential home builder.
Construction cases mediated have included the following issues: delay damages, loss of productivity, changes/extra work disputes, termination, deficient work, late/nonpayment, and differing site conditions.
To provide a cost effective resolution of construction disputes through a candid discussion, assessment, and analysis of the relative strengths and weaknesses of each parties' legal, contractual, and factual positions.
Wake Forest University (JD, magna cum laude-1981); Kent State University (BS, magna cum laude-1978).
Admitted to the Bar: Pennsylvania (1981); U.S. District Court: Western District of Pennsylvania (1981); U.S. Circuit Court of Appeals: Third (1984) and Eleventh (1993) Circuits; U.S. Supreme Court (1994).
Pennsylvania Bar Association (Construction Litigation Committee); Allegheny County Bar Association (Construction Litigation Committee; Alternate Dispute Resolution Committee); Pennsylvania Bar Institute.
Has spoken and published on a variety of construction law and ADR topics, including: "Alternative Dispute Resolution," co-presented at Eckert Seamans' Continuing Legal Education Seminar, August 2011; "Alternative Billing Arrangements," co-presented at Eckert Seamans' annual Continuing Legal Education program, August 2010; Co-author, "Arbitration or Litigation: Selecting the Best Method for the Resolution of Your Construction Dispute," CONSTRUCTION SPECIFIER; co-author, "Providing Greater Protection to Owners in Construction Disputes," CONSTRUCTION SPECIFIER; "The Owner's Coordination Responsibility on Multiple Prime Construction Projects," TRI-STATE REAL ESTATE JOURNAL; "Claims, Detection, Documentation and Avoidance on Renovation Projects," COMMERCIAL RENOVATION; "Coordinating Multiple Prime Construction Projects: The Contractor's Perspective," ASSOCIATED BUILDERS AND CONSTRUCTORS; "Payment Bond Claims and Mechanics Liens," CONSTRUCTION LITIGATION; "An Ounce of Prevention: Practical Advice on Improving Your Subcontract," Center for Management, Development and Training; "Schedule Impact Analysis for Attorneys," Center for Management, Development and Training. In addition, has spoken at area colleges and before numerous trade and professional organization on a broad variety of construction law topics, including presentations to Allegheny Community College, the Pennsylvania Bar Institute, the American Arbitration Association, the TriState Construction Users Council, the Project Management Institute, Associated Builders and Contractors, the Pennsylvania Institute of Certified Public Accountants, the Engineers Society of Western Pennsylvania, the National Business Institute, and the Construction Specifications Institute.
$450 Per Hour
English
United States of America
Pittsburgh, PA
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.
