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Managing Construction Litigation: Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges (Inside the Minds)

Managing Construction Litigation

  • Author:
  • Publisher: Aspatore
  • ISBN: 9780314199478
  • Published In: April 2009
  • Format: Paperback , 124 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges

This product provides an authoritative, insider's perspective on best practices for litigating construction disputes. Featuring partners from some of the nation's leading law firms, this book guides the reader through the intricacies of a construction dispute, including the client's role in the process, alternative dispute resolution provisions, and settlement considerations. These top lawyers give tips on dealing with some of the most challenging aspects of litigation, including managing documentation, recreating a timeline, and working with witnesses and experts. Additionally, they reveal their strategies for avoiding litigation and discuss recent trends in construction disputes.

Gregory M. Bistram
 
Gregory M. Bistram is a shareholder and member of the Business Litigation section at the firm of Briggs and Morgan PA. He is co-chair of the firm’s construction practice group and the ADR practice group. Mr. Bistram is a qualified ADR provider under the Minnesota Supreme Court Rules. He serves as national OSHA counsel for a construction company and regularly counsels and represents clients in state and federal OSHA investigations. Mr. Bistram regularly represents governmental entities or owners in eminent domain or land use cases. Mr. Bistram is a frequent presenter and author on construction industry topics (including dispute resolution) and is involved with many related organizations. Currently, he is a member of the executive board of the Minnesota State Bar Association Construction Committee, the American Arbitration Association (AAA) Panel of Arbitrators, and the ABA Forum on Construction Law. He previously served as an affiliate member on the Minnesota Associated General Contractors board of directors and is also a member of the AGC of America national committees—Safety and Health; Project Delivery; Contract Documents; Industry Liaison; Risk Management; and Surety Bonding. Mr. Bistram has served as an instructor for the Minnesota AGC Chapter Superintendent Training Program class on contract documents. He presently is an AGC delegate to the EJCDC. Mr. Bistram is also a member of the EJCDC Procurement and Construction subcommittees. He is a member of the state and federal bars of Minnesota and Wisconsin and various federal bars across the nation. Mr. Bistram served on the Minnesota Lawyers Board of Responsibility and chaired the LPRB from 1991 to 1998. He has been designated a “Super Lawyer” and one of the Top 40 ADR professionals in Minnesota by Minnesota Law & Politics. He frequently serves as a mediator or arbitrator on construction matters in the Upper Midwest. He has been included repeatedly in The Best Lawyers in America, in the area of ADR. Born in Minneapolis, Minnesota, Mr. Bistram received his B.A. from the University of Minnesota. He received his law degree from the Oklahoma City University School of Law and was a member of its Law Review. Mr. Bistram also holds an LL.M. in urban studies from the University of Missouri-Kansas City School of Law. He joined Briggs and Morgan, P.A. in 1994.
 
E. Lee Haag
 
E. Lee Haag has been a trial lawyer since 1974 and has been with Fulbright & Jaworski LLP since 1989. Serving as co-head for the Construction Practice Group, he represents clients in the courtroom, in state and federal courthouses, where he concentrates his practice on construction disputes, energy, and banking matters, as well as handling more general commercial disputes. In construction litigation, Mr. Haag has handled cases involving virtually every aspect of the construction business, and has represented all sectors of the construction industry, from owners, contractors, and designers to material suppliers. Many of his cases relate to the energy, petrochemical, and healthcare industry, but he also litigates and arbitrates disputes involving major commercial projects of all kinds. He has litigated disputes arising out of EPC contracts, Design-build, and other forms of construction contracts. Mr. Haag also represents clients in arbitrations and mediations. In the area of banking and financial services, Mr. Haag has handled a wide variety of cases involving commercial lending, lender liability, and fiduciary obligations. Mr. Haag was recommended by Chambers USA in both 2007 and 2008. He attended Texas Tech University School of Law (J.D., 1974) and Abilene Christian College (B.S., 1971).
 
Edward B. Lozowicki
 
Edward B. Lozowicki is a partner in the Business Trials Practice Group in the San Francisco office of Sheppard Mullin Richter & Hampton LLP. Mr. Lozowicki has more than thirty-five years’ experience in construction law and litigation, renewable energy cases, and complex commercial litigation. He has tried numerous cases before federal and state courts and administrative agencies. Additionally, Mr. Lozowicki has acted as an arbitrator and advocate in a large variety of domestic and international arbitration cases, including construction claims, energy claims, and real estate and commercial disputes. In the construction industry, Mr. Lozowicki represents contractors on diverse private and government projects involving claims for delay, disruption, acceleration, extra work, changed conditions, construction defects, mechanic's lien and bond claims, bid protests, and other matters. He also defends contractors in False Claims Act, liquidated damages, and construction defect lawsuits. For institutional owners and real estate developers, Mr. Lozowicki defends claims for breach of contract, mechanic’s lien, bond and stop notice rights, and counsel’s clients on insurance, bonding, and contract drafting matters. He also represents owners in real estate contract and lease litigation. In the energy industry, he represents renewable energy developers and renewable owner-users in litigation of power purchase, fuel supply and other contract disputes, and regulatory proceedings before the California Public Utilities Commission. Mr. Lozowicki's project experience includes highways, bridges, and undersea tunnels; nuclear, geothermal, hydroelectric, fossil, and cogeneration power plants; oil pipeline and power transmission lines; prisons, hospitals, schools and other institutional structures; refineries, chemical and industrial plants; high-rise office, apartment, and condominium projects; military bases, ship-building and missile projects. In his early career, Mr. Lozowicki was corporate counsel to an international construction/building products company where he gained hands-on experience in the construction and energy industries. Mr. Lozowicki received his J.D. from the University of Santa Clara where he was associate editor of the Santa Clara Law Review and Outstanding Moot Court Participant and his B.A. from St. Joseph’s University, Alpha Sigma Nu National Honor Society.
 
D. Ferguson McNiel
 
An accomplished lawyer with twenty-eight years of experience, D. Ferguson McNiel III has a broad-based litigation practice at Vinson & Elkins LLP. He has extensive trial experience in commercial, construction, product liability, toxic tort, and energy cases. His clients include Fortune 150 corporations and other major companies in a variety of industries, such as consumer products, pharmaceuticals, chemical, oil, manufacturing, and professional services. He is certified by the Texas Board of Legal Specialization in the fields of Personal Injury Trial Law and Civil Trial Law. Mr. McNiel also handles general negligence, contract, and statutory claims. His litigation expertise has earned Ferguson recognition by Chambers USA as one of its leading lawyers in general commercial litigation in 2003-2008; and by The Best Lawyers in America® in commercial litigation 2005-2009. Mr. McNiel is a frequent lecturer on civil litigation, evidentiary issues, architect and engineer liability, and insurance law. He attended the University of Arkansas (J.D., 1980 and B.S.B.A., with honors, 1977), where he was a member of the Arkansas Law Review. David G. Wall’s practice at Vinson & Elkins LLP involves various types of litigation, including general and commercial litigation, construction litigation, securities litigation, oil and gas litigation, and other complex litigation. Mr. Wall is a member of the Houston Young Lawyers Association. He attended the University of Texas at Austin (B.S., mechanical engineering) and the South Texas College of Law (J.D., magna cum laude) where he was a member of the South Texas Law Review.
 
Stuart H. Teger
 
Stuart H. Teger, a partner at Honigman Miller Schwartz and Cohn LLP, has a wide range of trial and appellate experience in federal and state courts throughout the nation. His areas of litigation expertise include construction, real estate, employment, and commercial matters. Mr. Teger has extensive experience in all aspects of construction litigation on behalf of owners, general contractors, and trade contractors. His experience includes litigation involving bonds, liens, Miller Act and “Little Miller Act” claims, delay and acceleration claims, and claims relating to defective work. Mr. Teger is a member of the State Bar of Michigan, American Bar Association, Detroit Metropolitan Bar Association, and the American Arbitration Association – Panel of Arbitrators. He frequently gives speeches and seminars on various aspects of construction law. He attended the University of Michigan Law School (J.D., 1980), the University of Rochester (Ph.D., 1976 and M.A.P.Sc., 1974) and Temple University (B.A., political science, 1972).

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