Five Ways to Reduce the Costs of Construction Arbitration ways to reduce the costs... · Five Ways…

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<ul><li><p> Copyright 2014 American Arbitration Association </p><p>Five Ways to Reduce the Costs of Construction Arbitration </p><p>Webinar January 22, 2014 2:00 p.m. (ET) </p><p>PROGRAM SUMMARY </p><p>Speakers: Adrian L. Bastianelli III, Esq. and Joseph F. Canterbury Jr., Esq. When managed correctly, arbitration has distinct cost advantages over litigation in resolving disputes. Arbitration can be economical, or not, depending on how the process is used (or abused). In this webinar, experienced speakers will identify effective methods for reducing the costs of arbitration. </p><p>AGENDA 2:00 p.m. Welcome and Introduction of Speakers (5 minutes) 2:05 p.m. Goals for the Session (5 minutes) </p><p> 2:10 p.m. Methods for Reducing Costs of Arbitration (70 minutes) </p><p> Control Discovery </p><p> Reduce the Time &amp; Cost to Get to Hearing </p><p> Reduce the Cost of the Hearings </p><p> Reduce the Cost of the Arbitrators </p><p> Use Innovative Procedures to Reduce Costs </p><p> 3:20 p.m. Conclusion and Questions (10 minutes) 3:30 p.m. Evaluation (5 minutes) 3:35 p.m. Adjourn </p></li><li><p>Adrian L. Bastianelli, III, Esq.24886</p><p>Adrian L. Bastianelli, III, Esq.</p><p>Current Employer-Title Peckar &amp; Abramson, P.C. - Principal</p><p>Profession Attorney; Professional Engineer</p><p>Work History Principal, Peckar &amp; Abramson, P.C. (and predecessors), 1982-present; Partner,Bastianelli, Thomas, Reifel &amp; Lyon, 1978-82; Partner/Associate, Hudson &amp; Creyke, 1972-78; LawClerk, U.S. Court of Claims, 1971-72; Civil Engineer, Construction Division, U.S. Corps ofEngineers, 1966-71.</p><p>Experience Entire practice devoted to construction law. Over 35 years' experience in resolvingconstruction disputes and representing contractors, subcontractors, suppliers, owners, designprofessionals, and sureties. Handled a variety of construction cases, including buildings, transitfacilities, power plants, nuclear clean-up, sewage treatment plants, locks, dams, hospitals, schools,office buildings, shopping malls, prisons, industrial facilities, convention centers, airports, highways,bridges, housing, slurry walls, deep foundations, waterways, ports, dredging, electrical, mechanical,masonry, finish work, landfills, sewer lines, cut and cover tunneling, high- and low-rise dwellings,marine construction, soils/geotechnical, structural steel erection, laboratories, landscaping, sitedevelopment, mass transit, utility systems, pipe line, tunnels, hotels, parking garages,renovation/restoration, excavation/grading, medical/hospital, and government building.</p><p>Alternative Dispute Resolution Experience Arbitrator in over 100 disputes involvingamounts as high as $80 million over a 30-year period. Served primarily as panelist chair or solearbitrator. Panelist chair in a dispute requiring over 40 days of hearings. Served as mediator in over200 disputes, most of which involved millions of dollars in claims. Chair or member of over 10 disputereview boards and member of the American Arbitration Association Roster of Dispute Review BoardMembers. Negotiated and resolved over 1,000 construction claims during 35 years as anattorney/negotiator. Negotiated and resolved construction claims as an engineer for four years. Servesas a member of the American Arbitration Association Large, Complex Case Program.</p><p>Alternative Dispute Resolution Training Faculty, AAA Advanced Mediator TrainingSeries: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Faculty,Advanced Mediator Training, 2010; Faculty, AAA Webinar, Dispute Resolution Boards: When andWhy They Work in Construction Disputes, 2010; AAA Webinar, On-Site Resolution: How Does it</p><p>Contact American Arbitration Association 1776 Eye Street N.W.Suite 850Washington, DC 20006 </p></li><li><p>Adrian L. Bastianelli, III, Esq.24886</p><p>Work?, 2009; AAA Webinar, Construction ADR Practitioners: Crucial Preparation for the NewIndustry Standard-Form Contract Documents, 2008; Faculty, AAA Construction Conference: ADRWorks, 2008; ICDR International Symposia in Advanced Case Management Issues, 2007; AAADealing With Delay Tactics in Arbitration (ACE004), 2005; AAA Arbitration Awards: Safeguarding,Deciding &amp; Writing Awards (ACE001), 2004; AAA Construction Industry Arbitrator II Training:Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; AAA Construction MediatorTraining, 1997; AAA Construction Arbitrator Training, 1996; U.S. Arbitration and Mediation,Mediation Training, 1992; various other ADR training.</p><p>Professional Licenses Admitted to the Bar: Kentucky, 1972 (inactive); District of Columbia,1973; U.S Court of Appeals: Federal Circuit, Fourth Circuit; U.S. Court of Federal Claims; U.S.Supreme Court. Registered Professional Engineer, Kentucky (#7830), 1971 (inactive).</p><p>Professional Associations Washington Building Congress (Past President); American BarAssociation (Forum on the Construction Industry, Public Contracts Law Section, Chair; TIPS;Litigation Section); American College of Construction Lawyers (Board of Governors; DisputeResolution Committee, Co-Chair; Fellow); Professional Women in Construction, Capital Region(Board of Directors); The Construction Group Advisory Board for Thomson/West; Dispute ReviewBoard Foundation (Regional Representative); Federal Bar Association; District of Columbia BarAssociation; Associated General Contractors; Associated Builders and Contractors.</p><p>Education Purdue University (BS, Civil Engineering-1966); University of Louisville (JD-1971).</p><p>Publications and Speaking Engagements Editor, THE JOURNAL OF THEAMERICAN COLLEGE OF CONSTRUCTION LAWYERS, 2006-2008; editor, THECONSTRUCTION LAWYER, associate editor/editor 1997-04; STATE BY STATE GUIDE TOCONSTRUCTION CONTRACTS, Aspen, DC Chapter; editor and contributor, FEDERALGOVERNMENT CONSTRUCTION CONTRACTS, American Bar Association Forum on theConstruction Industry, 2003; "Alternative Dispute Resolution," NEW YORK CONSTRUCTIONLAW, Aspen, 2003; "Recovering Delay Damages for Home Office Overhead/Edition III,"CONSTRUCTION BRIEFINGS NO. 01-5, Federal Publications, 2001; "The Proactive DRB and theUse of Advisory DRB Process," 5 FOUNDATION FORUM 1, January 2001; "Litigating with theFederal Government," 20:4 THE CONSTRUCTION LAWYER 24, October 2000; "New FederalRegulations Affecting the Construction Industry," CONSTRUCTION BRIEFINGS NO. 98-4, FederalPublications, 1998; contributor, CONSTRUCTION CLAIMS DESKBOOK, Wiley Publications,1996-02; "Competitive Negotiation in Government Construction Contracts," CONSTRUCTIONBRIEFINGS NO. 91-4, Federal Publications, 1991. </p><p>SPEAKING ENGAGEMENTS: "Construction ADR Practitioners: Crucial Preparation for the NewIndustry Standard-Form Contract Documents," AAA; "View from the Other Side: An Arbitrator?sThoughts on How Not to Present Your Case," ABA Forum on the Construction Industry; Construction</p></li><li><p>Adrian L. Bastianelli, III, Esq.24886</p><p>ADR: "What Is Working and How We Can Make It Better," Construction SuperConference; "Greenand Sustainable Building Symposium," Professional Women in Construction; "Dispute ResolutionTechniques," Lorman; "Dispute Resolution Boards," CSI; "False Claims Act," AON/P&amp;A; "ResolvingConstruction Disputes in Maryland: The Effective Use of Arbitration, Mediation, and OtherProcesses," NBI; "Tips on Effective Advocacy in Arbitration," Virginia Bar Association;"Observationson the DRB Process," CSI; "The AIA Contract Documents," Lorman; "Should a DRB Mediate?",DRB Foundation; "Mediation Ethics," BCA Judges Association; "Fundamentals of Construction Law,"American Bar Association Forum on the Construction Industry; "Why Mediation Works," RealProperty Division, Montgomery County Bar Association; "Mediating with the Federal Government,"Federal Bar Association; "Design-Build," Lorman; "Dispute Review Boards," Construction Section,Virginia Bar Association; "Litigating with the Federal Government," American Bar Association Forumon the Construction Industry; "The Lawyer's Role in the DRB Process," DRB Foundation; numerousothers.</p><p>Compensation </p><p>Citizenship United States of America </p><p>Locale Washington, DC </p><p> $3,300.00 Per Day $430.00 Per Hour</p><p>Charges for research, review, preliminary hearings, travel time and study time. Cancellation Policy:Charges for 1 day per week of scheduled hearings if cancelled within 21 days of hearings.</p></li><li><p>Joe F. Canterbury, Jr., Esq.106597</p><p>Joe F. Canterbury, Jr., Esq.</p><p>Current Employer-Title Canterbury Gooch Surratt Shapiro Stein &amp; Gaswirth, P.C.-Chairman, Shareholder and Director</p><p>Profession Attorney - Construction</p><p>Work History Partner/Chairman and Director, Canterbury, Elder, Gooch, Surratt, Shapiro &amp;Stein, P.C., P.C. 1981-Present; Partner, Smith, Smith, Dunlap &amp; Canterbury, 1969-81; AssociateAttorney, Blanchette, Smith &amp; Shelton, 1966-69; Commerce Clearing House, 1964-66; U.S. Navy,1956-59, Part time work for various construction firms, 1953-56 and 1959-1963</p><p>Experience Over 45 years experience as a lawyer specializing in construction law. Handleddisputes in commercial, multi-family, industrial, utility, pipeline, highway, bridge, commercial, powerand cement plants, petrochemical plants, transactional and litigation work.</p><p>Alternative Dispute Resolution Experience American Arbitration Association sole andpanel arbitrator since 1987 and mediator since 1991. Has handled approximately 255 mediations and120 arbitrations. Member of the American Arbitration Association Task Force on Construction Rulesand the National Construction Dispute Resolution Committee. Past Chairman of the AmericanArbitration Association Southwestern Advisory Council. Current Member of the Board of Directorsand Executive Committee (2006) for the American Arbitration Association. Member of the AmericanArbitration Association Construction Arbitration Master, Commercial, Construction and LCCPPanels.</p><p>Alternative Dispute Resolution Training College of Commercial Arbitrators AnnualMeeting, 2011; Faculty, AAA Advanced Mediator Training, 2009; NCDRC, Annual Meeting, 2007;Faculty, AAA Construction Mediation Conference: What You Can't Not Know, 2007; AttendedAnnual Board Meeting, AAA Arbitrator Update, 2006, 2004; Faculty, AAA seminar, Straight TalkAbout Construction Arbitration, 2005; AAA Chairing an Arbitration Panel: Managing Procedures,Process &amp; Dynamics (ACE005), 2005; AAA Arbitrator Update, 2002; AAA Construction ArbitratorII Training: Advanced Case Management Issues, 2002; Attended AAA Mediator Conference, 2000;Attended AAA Neutrals' Retreat, 1998; Faculty, AAA Panel Retreat, 1997; AAA ConstructionIndustry Arbitrator Training, 1997; AAA LCCP Training, 1993; various other ADR training.</p><p>Contact American Arbitration Association 13455 Noel Road - Suite 1750Dallas, TX 75240telephone: 972-702-8222 facsimile: 855-267-4082</p></li><li><p>Joe F. Canterbury, Jr., Esq.106597</p><p>Professional Licenses Admitted to the Bar: Supreme Court of the State of Texas; U.S.District Court: Northern, Western and Eastern Districts; District of Arizona; U.S. Court of Appeals:Fifth, District of Columbia &amp; Federal Circuits; U.S. Court of Federal Claims and U.S. Supreme Court</p><p>Professional Associations American Arbitration Association; American Arbitration-International Centre for Dispute Resolution; College of Commercial Arbitrators; Dallas BarAssociation (Construction Law Section, Founding Member, Past Chairman); Texas Bar Association(Construction Law Section, Founding Member, Past Chairman); American Bar Association (ForumCommittee on the Construction Industry; Labor and Employment and International Law Sections);American College of Construction Lawyers (Fellow, Past President (2007) and Board of Governors);Associated General Contractors of America (Labor and Employment Law Council, Past Chairman);Texas Bar Foundation; Dallas Bar Foundation.</p><p>Education University of Dallas (BA-1963); Southern Methodist University (JD, Phi Delta Phi-1966).</p><p>Publications and Speaking Engagements Publications: Co-author, TEXASCONSTRUCTION LAW MANUAL, Thompson West, 3rd ed. 2005, supplement 2006-2013; TEXASCONSTRUCTION LAW MANUAL, Shepards McGraw-Hill, 1st ed. 1981, 2nd ed. 1993;contributing author, CONSTRUCTION LAW HANDBOOK, Aspen, 1999, annual supplementsthrough 2013; co-author, "Spearin Meets Lonergan," CONSTRUCTION LAW JOURNAL, 2005;contributing author, WILEY CONSTRUCTION LAW UPDATE, 1994-2013; contributing author,CONSTRUCTION BUSINESS HANDBOOK, McGraw- Hill, (1st ed. 1978, 2nd ed. 1984). </p><p>Speaking Engagements: Preparation for Arbitration Enforcement of Arbitration Awards, AmericanArbitration Association Commercial Arbitration Seminar (March 1995); The Traditional Method ofConstruction Contracting, Construction Super Conference (December 1995); Public and PrivateConstruction Contracts in Texas, Texas Engineering Extension Service, The Texas A&amp;M UniversitySystem (November 1996) Texas Construction Law, Mechanic's Liens and Bond Claims, ProfessionalEducation Systems, Inc. (January 1997 and January 1998); Construction Contracts and Subcontractsin Texas, Professional Education Systems, Inc. (September 1997); Recent Case Law on Arbitration,American Arbitration Association, Arbitrators Panel (October 1997); Construction Law Developmentand Trends, Construction Law Section of the Houston Bar Association (September 1998); ArbitratingConsumer Cases, State Bar of Texas Consumer Law Section, 5th Annual Comprehensive ConsumerLaw Seminar (September 1998); Texas Construction Law, Mechanics Liens and Bond Claims,Professional Education Systems, Inc. (August 1998 and October 1998); Legal Issues of KeySubcontract and Purchase Order Clauses, American Fire Sprinkler Association (September 2002);Various papers and speeches on construction law topics for the Construction Law Section of the StateBar of Texas Annual Construction Law Conferences (1990-2010); Spearin Meets Lonergan (co-authorwith R. Meyers, 2003); Construction Law Update, Dallas Bar Construction Law Section (2004-2008);Panel Moderator, Trying the Case Before a Jury vs. a Judge vs. an Arbitrator, ABA Forum on the</p></li><li><p>Joe F. Canterbury, Jr., Esq.106597</p><p>Construction Industry Program; Swimming with the Sharks: Litigating the Construction Case, (SanDiego 2006); Collecting Construction Payments, American Fire Sprinklers Association AnnualMeeting (2006); Straight Talk About Construction Arbitration, Panel Moderator, American ArbitrationAssociations NCDR Conference (Dallas, 2005); Legal Issues and Key Subcontract and PurchaseOrder Clauses, Glass Association (February 2005); Panel, NCDR Construction ArbitrationConference (Chicago, 2003-2005); Current Labor Law Issues for Fire Protection Contractors,American Fire Sprinklers Association Annual Meeting (2007); Contract Documents, ComprehensiveConstruction Defect Claims &amp; Insurance Super Conference (November 2008); Avoiding DesignLiabilities by Non-Designing Fire Sprinkler Contractors, American Fire Sprinkler Association AnnualMeeting (2011); Bid Shopping (Obtaining the Best Products and Services at the Most Favorable Priceor Evidence of Company Greed and Immorality), Construction Specification Institute (February 2011);Labor Law Update, Drywall Associa...</p></li></ul>