Summary

Full-time Mediator and Arbitrator, 1994-Present.

Executive Vice President, General Counsel, Corporate Chief Operating Officer and Director, URS Corporation, a New York Stock Exchange-listed professional services company engaged in engineering, architecture, project management and environmental sciences in the U.S. and internationally, 1987-1994. Concerned with the management of a number of financial restructuring transactions, government procurement issues (FARS), SEC and shareholder suits and insurance placement and coverage.

Trial lawyer California and Hawaii, 1967-1987.

Arbitration

Served as arbitrator in over 200 cases involving complex construction, intellectual property, environmental and commercial matters, both domestic U.S. and international. Cases involved both design and construction issues arising from large infrastructure and vertical construction projects, power and oil and gas general commercial, financial, intellectual property and insurance-related cases as well as disputes arising out of mergers and acquisitions in a variety of industries.

Representative Recent Construction Arbitrations

Dispute between contractor and consortium of petroleum producers concerning cost recovery and cost overruns on two workover platforms placed in Lake

Maricaibo, Venezuela.

Arbitration in Singapore between design-build joint venturers arising out of cost and schedule overruns on people mover project.

Dispute between owner and design-build contractor arising from design issues and cost overruns on the Los Angeles Arena ("Staples Arena").

Dispute between owner and contractor over schedule and cost overruns on the Venetian Resort in Las Vegas.

Dispute between seller and purchaser concerning responsibility for environmental clean up costs of 36 agricultural chemical sites involving subsurface conditions and means and methods. Separate but similar case involving clean up costs related to a steel manufacturing facility.

Dispute between contractor and owner over increased costs for seismic retrofit of high-rise building.

Dispute between large insurance broker and sub-broker concerning duties between them and toward insured pertaining to the breakdown of turbine generators in the Philippines.

Dispute between prime contractor and civil works subcontractor arising out of the design and construction of the rapid transit system in San Juan Puerto Rico.

Dispute between owner and contractor arising out of the construction of a petroleum pipeline in Angola.

Dispute concerning the ownership of certain advanced laser technology.

Mediation

Mediated over 1500 major construction and commercial disputes in the US, UK, Hong Kong, Singapore, Canada and Australia relating to vertical (buildings, including hotels and hospitals), horizontal (highways, bridges, and transport systems) and subsurface projects as well as power systems, oil and gas facilities (on and off shore) and process plants including environmental issues relating to many of them. Many of these disputes have involved complex design liability issues. In addition to construction related disputes, have mediated a multitude of commercial, intellectual property and finance cases. Additional specialty in international disputes of various kinds, including major governmental infrastructure projects, trans-national mergers and acquisitions, banking, insurance and other agreements. Many construction mediations and arbitrations have involved complex issues concerning insurance coverage. Experienced in the mediation of multi-party disputes.

Member, Hong Kong International Arbitration Centre and Hong Kong Government's list approved and qualified mediators.

Taught basic and advanced mediator training courses for the American Arbitration Association; the Australian Commercial Disputes Centre, Sydney; and the Hong Kong International Arbitration Centre. Has lectured and written extensively on the subject of ADR.

Representative Construction Cases Mediated

Disputes between Government of Hong Kong and joint venture consisting of European, Australian and Chinese construction companies over the design and construction of a major cable-stayed bridge structure. The dispute involved not only the design and construction of the bridge itself, but also significant issues concerning subsurface conditions in connection with the reclamation of an island to support the main bridge tower.

Contractor claim in excess of US $70 million against the U.S. Department of the interior over the design and construction of an earth-filled dam.

Dispute between contractor, subcontractor and U.S. Department of Energy relating to construction at a nuclear repossessing facility (Hanford).

Dispute between contractor, subcontractor and U.S. Department of energy relating to construction of low-level nuclear waste storage facility (Oak Ridge).

Claim for US $85 million against petroleum producer relating to the construction of an offshore drilling installation in California and a similar case involving the construction of an offshore pipeline in Nigeria.

Dispute between owner (major UK power producer), contractor, engineer and insurers concerning cost over runs on construction of a large-bore 5km tunnel related to subsurface conditions.

Disputes concerning the design and construction of power generation projects in the UK, Mexico and Saudi Arabia.

Dispute between design/build contractor, equipment manufacturer and owner concerning cost over runs and performance issues on co-generation facility in the U.K.

Dispute between public utility and energy producer concerning steam supply contract and turbine performance issues.

Disputes between the Hong Kong Airport Authority and contractors concerning the entire paving of the airport facility, including runways, aprons and terminal perimeter. In addition, mediated disputes concerning the design and construction of all underground access tunnels and services.

Have mediated a number of disputes concerning the design and construction of resort hotels in Las Vegas, Hawaii and California.

Dispute between Hong Kong Government and Rail Company arising from the construction of the entire light rail line to the New Hong Kong Airport. The issues related to the large reclamation required, subsurface conditions, embankments and fixed facilities.

Dispute concerning claimed $250M between joint venture of oil companies and contractor arising from the construction of processing facility in Venezuela.

Major multi-party dispute between UK property developer and conversion of listed building to luxury flats. The dispute involved various design and construction issues pertaining to construction management, M and E design and construction and architectural design elements.

Dispute between eight parties (owner, lessor, designers, contractors) concerning soil mechanics relating to differential settlement of commercial development in the U.K.

Dispute between contractor and light rail company in Hong Kong related to the construction of tunneling for new rail extension and two new underground stations. Case involved subsurface conditions, blasting, and soil mechanics.

Collapse of major tunnel structure in Asia giving rise to dispute between insurers and design-build contractor concerning coverage issues and extent of indemnity.

Delay and disruption claim by design/build contractor against owner arising from changes to Employer's requirements.

Dispute between operations and maintenance contractor and property owner arising out of sufficiency of services (pertaining to over 30 sites) and alleged damage to mechanical and electrical systems and cost of replacement/repair.

Further examples will be provided on request.

Professional Licenses

All State and Federal Courts in California and Hawaii

U.K./H.K. References:
Gladly furnished on request.