Arbitration

Energy & Climate

Specializing in successful arbitration of disputes across the energy sector, including renewable, nuclear and fossil fuels. Examples include…

Global

Arbitration: ICC
Parties: Owner and contractor of a gas pipeline project located in the United States
Dispute: Delays/acceleration, extra work, and damages relating to insurance issues, alleged delays and cost overruns, which pushed the project into severe weather events (hurricanes)
Role: Neutral Panelist

Arbitration: ICDR Canadian construction arbitration
Parties: General contractor and a subcontractor
Dispute: Alleged workmanship issues in the construction of a large power plant
Role: Panel Chair

Arbitration: CCDC Canada
Parties: Contractor and owner
Dispute: Alleged issues of delay, extra work, design, manufacture, and installation of equipment for a hydro-electric plant
Role: Neutral Panelist

Arbitration: UNCITRAL international arbitration
Parties: Equipment supplier/EPC contractor and oil and gas company conglomerate
Dispute: Delay and productivity issues on an LNG plant
Role: Neutral Panelist

Arbitration: CCDC Canada
Parties: Consortium and utility owner
Dispute: Relating to the equipment supply and installation for a transmission and distribution station for a hydro plant
Role: Neutral Panelist

US Domestic

Arbitration: US domestic arbitration
Parties: Solar power systems developer/owner and an energy producer
Dispute: Purchase and sale of Solar Renewable Energy Certificates (SRECs) from a proposed solar PV electric generating facility
Role: Sole Arbitrator

Arbitration: US wind energy arbitration
Parties: Owner of a large wind power generation project and a large public utility
Dispute: Alleged curtailment issues involving technical engineering issues arising under a long-term power purchase agreement
Role: Panel Chair

Arbitration: CPR
Parties: A municipal utility and a public utility acting as the manager/operator 
Dispute: Disputes arising out of the Operating Services Agreement
Role: Neutral Panelist

Arbitration: US domestic arbitration
Parties: Two regulated public utilities
Dispute: Curtailment issues related to utility practices in equipment maintenance under a Transmission Support Agreement
Role: Panel Chair

Arbitration: Commercial arbitration
Dispute: Regarding certain coal leases under a long-term asset purchase and production agreement
Role: Panel Chair

Arbitration: US domestic arbitration
Parties: Energy developer and energy company
Dispute: Joint Development Agreement regarding the development of a waste-heat recovery power generation plant
Role: Sole Arbitrator

Arbitration: Special Litigation
Parties: The Board of a public regulated utility
Dispute: Derivative action involving the construction and abandonment of a nuclear power plant
Role: Committee Chair

Arbitration: US domestic arbitration
Parties: Public Utility District and a utility
Dispute: Power purchase agreement, equipment recapitalization programs, budgeting process, staffing, and safe operation regarding a hydroelectric power plant
Role: Sole Arbitrator

Arbitration: US wind energy arbitration
Dispute: Alleged delay and productivity issues in the construction of a large solar farm
Role: Neutral Panelist

Arbitration: US energy arbitration
Dispute: Interpretation of the power purchase agreement (PPA) concerning payment of capacity and energy charges
Role: Neutral Panelist

Arbitration: Energy construction arbitration
Parties: General contractor and a subcontractor
Dispute: Alleged workmanship issues dealing with the drilling operations of a gas pipeline project
Role: Neutral Panelist

Arbitration: Energy construction arbitration
Parties: General contractor and a subcontractor of a horizontal drilling and gas pipeline contract
Dispute: Alleged breaches relative to workmanship and delay and counterclaims regarding alleged non-payment for extra work performed due to unanticipated soil conditions
Role: Neutral Panelist

Construction & Commercial

Resolving construction disputes including megaprojects, large complex cases, and smaller matters. Examples include..

Global

Arbitration: Multi-party construction arbitration
Parties: Joint venture prime contractor and subcontractors for an international airport concourse building
Dispute: Issues with a pile foundation system causing structural damage, cost overruns, delays, acceleration, productivity impacts
Role: Neutral Panelist

Arbitration: International commercial ICDR arbitration
Parties: Equipment supplier and EPC Contractor
Dispute: Non-payment and counterclaims with respect to equipment defects
Role: Sole Arbitrator

Arbitration: International arbitration
Parties: US owner of an ethanol plant and German supplier of machinery and equipment
Dispute: Alleged breaches under purchase order agreements related to delay and performance of machinery and equipment
Role: Neutral Panelist

Arbitration: International construction ICDR arbitration
Parties: Owner and contractor
Dispute: Regarding payment withholding under terms of base contract and amendments for alleged warranty claims, errors and omissions, and breach of contract issues
Role: Neutral Panelist

US Domestic

Arbitration: Construction arbitration
Parties: Subcontractor and contractor regarding a US Army Corp of Engineers Project
Dispute: Alleged wrongful termination, unpaid billings, extra/changed work, lost profits, and counterclaims relative to performance
Role: Panel Chair

Arbitration: Construction arbitration
Parties: Contractor and developer/owner of a torrefaction plant
Dispute: Unpaid amounts and project delays
Role: Panel Chair

Arbitration: Construction arbitration
Parties: Owner and contractor of a high-rise hotel
Dispute: Related to design impact, delay, and productivity damages
Role: Panel Chair

Arbitration: Construction arbitration
Parties: Contractor and owner of a government sanitation district
Dispute: Regarding change order disputes on a project
Role: Sole Arbitrator

Arbitration: Construction arbitration
Parties: Contractor and owner on the construction of the core and shell of a medical building
Dispute: Claims and counterclaims of extra work and delay under an AIA contract
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Owner and contractor on a hotel development project under a Cost-Plus Fee without a GMP under AIA contract
Dispute: Regarding issues of scope, changes, delay, and breach of contract
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Owner and the equipment supplier of a purified terephthalic acid (PTA) facility
Dispute: Alleged breaches of contract and warranty covering work performed in design and construction
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Subcontractor and general contractor on the renovation of an old hotel
Dispute: Issues of lien foreclosure, alleged breach of contract and defective and incomplete work
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Owner and contractor of a major petrochemical process plant
Dispute: Regarding unpaid amounts and alleged defects
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Owner and design/builder on the design and construction of a food processing facility
Dispute: Alleged breaches of contract, warranty and professional negligence covering work performed
Role: Panel Chair

Arbitration: Construction arbitration
Parties: General contractor and a subcontractor under a government facilities contract
Dispute: Alleged breaches of contract regarding payment of prevailing wages in accordance with the Davis Bacon Act
Role: Panel Chair

Arbitration: Commercial arbitration
Parties: General contractor and a subcontractor in the construction of a dual phase extraction system
Dispute: Alleged damages as the result of alleged defects
Role: Sole Arbitrator

Arbitration: Construction arbitration and mediation
Parties: Owner and contractor on a large big box shopping complex development
Dispute: Alleged breaches of contract, unpaid contract balances, delays, cost-overruns, change orders, productivity losses, consumer fraud, and workmanship issues
Role: Neutral Panelist. Various matters were resolved through mediation during the arbitration with Chair serving as mediator.

Arbitration: Commercial dispute
Parties: The EPA’s designated cleanup parties and the remediation contractor on an EPA environmental landfill cleanup
Dispute: Contract scope of work, soil sampling, waste disposal, and associated cost overruns and delay-related damages
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Owner and architect on an addition to a large hospital
Dispute: Alleged breaches of standard of care
Role: Neutral Panelist

Arbitration: Construction arbitration
Dispute: Alleged termination/abandonment of contract of a school project as the result of alleged non-payment
Role: Neutral Panelist

Arbitration: Construction arbitration
Parties: Homeowner and contractor
Dispute: Alleged latent defects
Role: Sole Arbitrator

Arbitration: Commercial arbitration
Parties: An individual and a debt relief company
Dispute: Consumer Protection Act complaint for damages alleging issues of conspiracy, criminal and predatory business practices in violation of State Statutes that protect customers from predatory debt adjuster fee practices
Role: Sole Arbitrator

Dispute Review Board

Examples include…

Arbitration: ICC Dispute Review Board
Parties: Employer and contractor
Dispute: Regarding an offshore wind power project
Role: Neutral DRB Panel Member

Arbitration: ICC Dispute Review Board
Parties: Supplier and contractor
Dispute: Contract for a US$7 billion+ power plant project located in Scandinavia
Role: Neutral DRB Panel Member

Arbitration: ICC Dispute Review Board
Dispute: EPC/pre-commissioning and start-up assistance for Main Process Units for a US$4 billion+ Middle East refinery project
Role: Neutral DRB Panel Member

Arbitration: Dispute Review Board
Dispute: Conversion of existing coal and oil-fired plant to a 674MW combined cycle plant under an EPC contract
Role: DRB Panel Chair

Arbitration: Dispute Review Board
Dispute: Bridge repair and painting contract regarding State Highway Bridge
Role: DRB Panel Chair

Mediation

Experience

Mediated cases have included construction disputes involving extra work, schedule delay, change orders, COVID-19 related impacts, unpaid invoices, defective work and workmanship issues. 

Other mediated matters have included unpaid balances on consultant services, lease agreements, employment contracts and termination. Parties have included Department of Transportations, Federated Indian Tribes, State Thruways, General Contractors, Subcontractors, and Engineers. 

I have also served as a professional engineer and consultant to assist parties in settling disputes that have ended through negotiated settlements without the need for litigation.

I have served as an expert witness to parties presenting in mediations over a 30-year period as well as working with mediators to assist mediator in understanding issues. 

I have significant experience in the following: construction project management (including critical path method of delay analysis; acceleration; cumulative impact; job cost reporting; productivity, disruption ad measured mile; lost profits; damages quantification including quantum merit, consequential damages, and extended overhead elements; civil engineering; standard of care; contract interpretation; breach of contract; contract termination; subsurface utility engineering (SUE); errors and omissions; and engineering management.

Philosophy

First and foremost I work to build trust and rapport with the parties to assist the parties to be in the best possible position to resolve their differences.

In my opening as well as throughout the mediation, my goal is to be a calming presence and to set the parties at ease by creating a safe and optimistic atmosphere. I want the parties to know that everyone needs to be heard and to feel free to talk knowing that I will maintain their confidences and will not share with the other party unless agreement to do so is obtained.

I recognize there may be issues that involve concerns other than money and look towards ways for the parties to understand their underlying needs, working with them to structure settlements that address all their needs.

Mediation is both an art and science and as a mediator it is my responsibility to the parties to use all the tools available to me, along with my own personal experience and expertise, to assist the parties in developing creative and positive solutions to the disputes in issue, including resolving small segments of the dispute along the way.

Success in mediation is achieved in knowing I never wavered from my purpose, never gave up, and did everything I could do and said everything I could say, to support the parties that depended on me to resolve their differences.