AGENDA

Thursday, April 4, 2019

8:00 Continental Breakfast

8:30 Welcome & Introductions
Michael A. Marra, Vice President, Construction Division, American Arbitration Association^®

8:45 Breakfast with General Counsel – Arbitration from the Client’s Perspective
Oftentimes, the goals and expectations of the parties that selected arbitration before the AAA are overlooked. In this arm-chair [Ted-talks/fire-side chat] style session, in-house counsel from a cross-section of leading construction industry firms will discuss arbitration from the client’s perspective, including arbitrator qualifications (what are they really looking for?), conflicts of interest (how much do they matter?), arbitration forum and style, arbitration costs and stigma, and arbitration process/procedure issues (what concerns them regarding case timelines, in-person conferences, discovery, motion practice, experts, and the award?).

Kevin C. Backus, SVP, General Counsel and Head of Safety, thyssenkrupp North America, Inc.; Chicago, IL
Robert Preston Brown, General Counsel, McKenney’s; Atlanta, GA
John P. Carpenter, Chief Legal Officer, Balfour Beatty US; San Francisco, CA
Cara Peterson, Senior Counsel, Adolfson & Peterson Construction; Minneapolis, MN

Facilitator: Giovanni Ruscitti, Berg Hill Greenleaf & Ruscitti LLP; Denver/Boulder, CO
Moderator: Rod Toben, Vice President, Construction Division, American Arbitration Association

10:00 Break

10:15 Extension of Time (EOT) Claims – Separating Fairy Tales from Facts
EOT claims can fail for a variety of reasons. One main reason is not having a viable delay analysis to satisfy the burden of proof. This panel will examine various EOT clauses, the key aspects that should be robustly understood and negotiated, and how, based on the contract, a delay expert should be properly instructed. The panel will run through a case study of different delay analysis approaches to illustrate these discussion points.

Chris Brindisi, Director, Secretariat International; Philadelphia, PA
Christopher M. Burke, Varela, Lee, Metz & Guarino, LLP; Tysons Corner, VA  
Gary M. Stein, Peckar & Abramson, P.C.; Miami, FL
Meera Wagman, Managing Director, Secretariat International; New York, NY

Moderator: Michael A. Marra, Vice President, Construction Division, American Arbitration Association

11:15 Not Your Average ADR – New (and Not So New) Techniques for Resolving Disputes on the Job
Participants in large infrastructure projects increasingly are recognizing the benefits of “real-time” dispute resolution at the project site — but what option or options should you choose for your project? This session will include discussions on the use of DRBs, DABs, Project Facilitators, mid-project mediation, and other dispute-resolution options.

Fredrica B. Elder, Construction Mediation Inc.; Miami, FL
William E. Franczek, Vandeventer Black LLP; Norfolk, VA
L. Tyrone Holt, The Holt Group LLC; Denver, CO
Deborah Bovarnick Mastin, Law Office of Deborah Mastin, PLLC; Miami, FL

Moderator: Harold Coleman, Jr., Senior Vice President, American Arbitration Association/AAA Mediation.org^SM

12:30 Lunch

1:30 Artificial Intelligence, Block Chain, Internet of Things… – What Do They Mean for Your Construction Project?
What will the construction project of the future look like? As technology progresses, how will the interaction with humans change? This session will look at the evolution of the construction industry from a human-intensive industry to potentially a largely human-free one and the effect on the participants and disputes that arise.

Tim Austin, PE, Kaw Valley Engineering, Inc.; Wichita, KS
Brad A. Gordon, SVP, General Counsel and Secretary, Gilbane Building Company; Providence, RI
Alvin F. Lindsay, Hogan Lovells; Miami, FL
Christine M. McAnney, Vice President and General Counsel, Balfour Beatty Construction Services US; Atlanta, GA

Moderator: S. Cleo Gladden, Director of ADR Services, Construction Division, American Arbitration Association 

2:45 Break

3:00 Don’t Forget the Damages – You Can’t Win on Entitlement Alone
Too often litigants focus so much on entitlement issues that they forget to present adequate evidence of their damages or fail to show causation between the entitlement issues and the claimed damages. This session discusses procedural techniques that advocates and arbitrators should use to successfully present the quantum of the damages they are seeking or challenging through pleadings, testimony and exhibits, and other information the arbitrators need to assess damages.

Neal Eiseman, Goetz Fitzpatrick LLP; New York, NY
Richard Greenleaf, Berg Hill Greenleaf & Ruscitti LLP; Boulder, CO
Courtney McKendrick Green, General Counsel, Jordon Foster Construction; Fair Oaks Ranch, TX
Paul Pocalyko, HKA; Philadelphia, PA

Moderator: Michael Powell, Vice President, Construction Division, American Arbitration Association

4:00 International Construction Mega-Projects – Understanding the Issues, Challenges, Cultural Differences and Conflict Management Options
This session will explore the various issues and challenges when the project involves international arbitration and mediation. What is the cultural impact on the process of the interplay between the common law and civil law
traditions? Some parties may not be used to the limited exchange of information in civil law jurisdictions where discovery is not common and is limited in the ICDR’s Arbitration Rules, consistent with international arbitration practice. Other areas where the parties’ expectations may differ include witness examination, experts, written submissions, privilege concerns, and the allocation of costs. Challenges may also arise when dealing with language and logistical issues and mediating with foreign parties.

Albert Bates, Jr., Pepper Hamilton, LLP; Pittsburgh, PA
Ed Diggs, Manager of Claims, OG&C, Bechtel Corporation; Houston, TX
Chantal-Aimée Doerries QC, Atkin Chambers; London, UK
Shelly L. Ewald, Watt, Tieder, Hoffar & Fitzgerald L.L.P.; McLean, VA

Moderator: Luis Martinez, Vice President, International Centre for Dispute Resolution^®

5:00 Closing Remarks
Michael A. Marra, Vice President, Construction Division, American Arbitration Association

5:15 Cocktail Reception