Construction Law Practice Group

DIRECTORY OF ATTORNEYS

2015 ® ® USLAW Construction Law Practice Group

MISSION STATEMENT The members of the USLAW Construction Law Group represent owners, developers, general contractors, subcontractors in all trade specialties, construction managers, design professionals including architects and engineers, construction product manufacturers, and material suppliers. Some of our members also represent insurance companies in connection with construction related issues.

Collectively, the group’s members provide a wide variety of legal services related to a myriad of construction issues. Construction attorneys with diverse practice areas are brought together in a forum which allows for a sharing of ideas, insights and perspectives. By cre- ating a national forum of experienced construction attorneys and industry representatives actively networking to share information, experiences, resources and business opportunities, our members stay ahead of the curve with respect to current trends and construction market changes and deliver the most efficient and effective service to clients. Through seminars, publications, webinars, and the exchange of expert and research information, our members have access to the most current and comprehensive resources to effectively serve their clients in litigation, transactional matters, risk avoidance, risk reduction and alternative dispute resolution.

WHY CHOOSE USLAW CONSTRUCTION LAW FIRMS? The members of USLAW’s Construction Law Group are uniquely qualified to assist clients in construction-related legal issues and disputes. Our focus is to provide our clients with access to a team of top lawyers who have extensive and practical experience in all aspects of construction law and who are dedicated to helping provide solutions to our clients most pressing and complex construction related needs. The construction process is more challenging daily with the advent of new construction techniques, new relationships on the job site, insurance issues and other issues that have to be recognized and addressed. Our members provide counseling and representation from the bid/planning phase up through the close of the project and beyond as we strive to provide our clients with the tools to stay abreast of a dynamic and ever changing construction landscape.

Because of our group members’ experience and depth in this area, individual attorneys in the USLAW Construction Group are uniquely well equipped to help our clients in handling numerous and varied types of claims, cases and transactional matters, as well as a variety of construction related insurance issues. Through our network contacts with the USLAW firms, our members have access to qualified, experienced legal counsel in almost any area of construction and across numerous jurisdictions. ® About USLAW

2001. The Start of Something Better. Homefield Advantage. How USLAW NETWORK USLAW NETWORK offers what it calls The Membership is Determined. Mega-firms...big, impersonal bastions of Homefield Advantage which comes from Firms are admitted to the Network by invi- legal tradition, encumbered by bureaucracy knowing and understanding the venue in a tation only and only after they are fully vet- way that allows a competitive advantage – a ted through a rigorous review process. and often slow to react. The need for an al- truism in both sports and business. Many firms have been reviewed over the Jurisdictional awareness is a key ingredient years, but only a small percentage were ternative was obvious. A vision of a network to successfully operating throughout the eventually invited to join. The search for of smaller, regionally based, independent United States and abroad. Knowing the quality member firms is a continuous and local rules, the judge, and the local busi- ongoing effort. Firms admitted must pos- firms with the capability to respond ness and legal environment provides our sess broad commercial legal capabilities firms’ clients this advantage. The strength and have substantial litigation and trial ex- quickly, efficiently and economically to and power of an international presence perience. In addition, USLAW NETWORK client needs from Atlantic City to Pacific combined with the understanding of a re- members must subscribe to a high level of spected local firm makes for a winning service standards and are continuously Grove was born. In its infancy, it was little line-up. evaluated to ensure these standards of quality and expertise are met. more than a possibility, discussed around a A Legal Network for Purchasers of small table and dreamed about by a hand- Legal Services. USLAW in Review. USLAW NETWORK firms go way beyond • All vetted firms with demonstrated, ro- ful of visionaries. But the idea proved too providing quality legal services to their bust practices and specialties clients. Unlike other legal networks, good to leave on the drawing board. • Efficient use of legal budgets, provid- USLAW is organized around client expecta- ing maximum return on legal services Instead, with the support of some of the tions, not around the member law firms. investments Clients receive ongoing educational oppor- • Seamless, cross-jurisdictional service country's brightest legal minds, USLAW tunities, online resources including webi- • Responsive and flexible nars, jurisdictional updates, and resource NETWORK became a reality. • Multitude of educational opportuni- libraries. We also provide a semi-annual ties and online resources USLAW Magazine, USLAW DigiKnow, • Team approach to legal services Fast-forward to today. which features insights into today’s trend- The commitment remains the same as ing legal topics, compendiums of law, as originally envisioned. To provide the high- well as annual membership and practice The USLAW Success Story. est quality legal representation and seam- group directories. To ensure our goals are The reality of our success is simple: we suc- less cross-jurisdictional service to major the same as the clients our member firms ceed because our member firms' clients corporations, insurance carriers, and to serve, our 45-member Client Leadership succeed. Our member firms provide high- both large and small businesses alike, Council is directly involved in the develop- quality legal results through the efficient through a network of professional, innova- ment of our programs and services. This use of legal budgets. We provide cross-juris- tive law firms dedicated to their client's communication pipeline is vital to our suc- dictional services eliminating the time and legal success. Now as a network with more cess and allows us to better monitor and expense of securing adequate representa- than 6,000 attorneys from nearly 100 inde- meet client needs and expectations. tion in different regions. We provide trusted pendent, full practice firms with roots in and experienced specialists quickly. civil litigation, spanning the United States, USLAW Abroad. Canada, Latin America, Europe, Asia and Just as legal issues seldom follow state bor- When a difficult legal matter emerges – Africa, USLAW NETWORK remains a re- ders, they often extend beyond U.S. bound- whether it’s in a single jurisdiction, nation- sponsive, agile legal alternative to the aries as well. In 2007, USLAW established a wide or internationally – USLAW is there. mega-firms. relationship with the Trans-European Law Success. Firms Alliance (TELFA), a network of 25 independent law firms representing more For more information, please contact Roger than 700 lawyers through Europe. M. Yaffe, USLAW CEO, at (800) 231-9110 or Subsequently, in 2010 we entered a similar [email protected] affiliation with the ALN (formerly the Africa Legal Network) to further our service and reach. Additionally, USLAW member firms are located throughout Canada, Latin America, and Asia. ® ® About USLAW: Your Homefield Advantage

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ALABAMA INDIANA Carr Allison Bingham Greenebaum Doll LLP Kathy R. Davis...... 1 Grantland M. Clapacs...... 31 Vincent A. Noletto, Jr...... 2 Donald J. Graham...... 32 ALASKA Gerard L. Gregerson ...... 33 Richmond & Quinn IOWA Rebecca A. Lindemann ...... 3 Simmons Perrine Moyer Bergman PLC ARIZONA Roger W. Stone ...... 34 Jones, Skelton & Hochuli, P.L.C. Mark A. Roberts ...... 35 Michael A. Ludwig ...... 4 Philip A. Burian...... 36 Mark D. Zukowski...... 5 KANSAS | WESTERN MISSOURI ARKANSAS Dysart Taylor Cotter McMonigle Quattlebaum, Grooms & Tull PLLC & Montemore, PC Joseph R. Falasco ...... 6 Lee B. Brumitt ...... 37 Timothy W. Grooms...... 7 KENTUCKY Joseph W. Price II ...... 8 Bingham Greenebaum Doll LLP CALIFORNIA Steven A. Brehm...... 38 Dillingham & Murphy, LLP J. Mark Grundy...... 39 Patrick J. Hagan ...... 9 LOUISIANA Klinedinst PC McCranie, Sistrunk, Anzelmo, Hardy, McDaniel Kurt U. Campbell...... 10 & Welch LLC Kevin J. Gramling...... 11 Peter J. Wanek ...... 40 Arthur S. Moreau ...... 12 MAINE Murchison & Cumming, LLP Richardson, Whitman, Large & Badger Jean A. Dalmore ...... 13 Thomas R. McKeon...... 41 JDaniel G. Pezold ...... 14 MARYLAND Snyder Law, LLP Franklin & Prokopik, PC Ashley Ann Dorris...... 15 Ami C. Dwyer...... 42 COLORADO MINNESOTA Lewis Roca Rothgerber LLP Larson • King, LLP Ben M. Ochoa...... 16 Caryn A. Boisen...... 43 Stephen P. Laitinen...... 44 CONNECTICUT Hinckley Allen MISSISSIPPI Jared Cohane...... 17 Carr Allison Timothy T. Corey...... 18 Douglas Bagwell ...... 45 Peter J. Martin ...... 19 MISSOURI FLORIDA Lashly & Baer, P.C. Carr Allison Stephen L. Beimdiek ...... 46 P. David Brannon ...... 20 MONTANA Wicker Smith O’Hara McCoy & Ford P.A. Davis, Hatley, Haffeman & Tighe, P.C. H. Wayne Clark, Jr...... 21 James A. Donahue ...... 47 William F. Fink ...... 22 NEBRASKA Raymond E. Watts...... 23 Baird Holm LLP GEORGIA William G. Dittrick...... 48 Hall Booth Smith, P.C. NEVADA James H. Fisher ...... 24 Thorndal Armstrong Delk Denise W. Spitalnick...... 25 Balkenbush & Eisinger HAWAII Christopher J. Curtis ...... 49 Goodsill Anderson Quinn & Stifel LLP Charles L. Burcham...... 50 Lennes N. Omuro...... 26 Philip Goodhart ...... 51 Randall C. Whattoff ...... 27 NEW JERSEY ILLINOIS Connell Foley LLP SmithAmundsen LLC Michael X. McBride ...... 52 Dennis J. Cotter...... 28 Peter J. Smith...... 53 Timothy Liam Epstein...... 29 Matthew W. Horn ...... 30 ® TABLE of CONTENTS

NEW MEXICO TEXAS Modrall Sperling Cox Smith Matthews Incorporated Sonya R. Burke...... 54 Brett W. Schouest ...... 82 James P. Houghton...... 55 David A. Vanderhider ...... 83 R. E. Thompson...... 56 Fee, Smith, Sharp & Vitullo, L.L.P. NEW YORK Paul A. Derks ...... 84 Ahmuty, Demers & McManus Thomas W. Fee ...... 85 Deborah Del Sordo...... 57 Michael P. Sharp...... 86 Michael J. Rabus ...... 58 Johnson, Trent, West & Taylor, L.L.P. Michael C. Salvo...... 59 Joshua W. Mermis ...... 87 Goldberg Segalla LLP Raphael (“Rafe”) Taylor ...... 88 Kenneth M. Alweis...... 60 Lawrence J. West ...... 89 Christopher J. Belter...... 61 UTAH William J. Greagan...... 62 Strong & Hanni, PC Traub Lieberman Straus & Shrewsberry LLP Stanford P. Fitts ...... 90 Lisa J. Black ...... 63 VIRGINIA Mario Castellitto...... 64 LeClairRyan Robert S. Nobel ...... 65 John “Jack” M. Robb, III...... 91 NORTH CAROLINA Thomas M. Wolf ...... 92 Poyner Spruill LLP WASHINGTON Daniel G. Cahill...... 66 Williams Kastner Thomas H. Davis, Jr...... 67 Robert C. Manlowe ...... 93 Jason B. James...... 68 Rodney L. Umberger ...... 94 OHIO WISCONSIN Roetzel & Andress Axley Brynelson, LLP Christine M. Garritano...... 69 Saul C. Glazer ...... 95 Thomas L. Rosenberg...... 70 Brian W. Mullins...... 96 OREGON Charles V. (“Buck”) Sweeney ...... 97 Williams Kastner WYOMING David C. Campbell...... 71 Williams, Porter, Day and Neville PC Thomas A. Ped ...... 72 Ryan J. Schwartz ...... 98 PENNSYLVANIA Picadio Sneath Miller & Norton, P.C. International Jeffrey L. Ludwikowski ...... 73 CANADA – ALBERTA Henry M. Sneath ...... 74 Parlee McLaws LLP Pion, Nerone, Girman, Winslow & Smith, P.C. Robert G. McBean, Q.C...... 99 Christopher J. McCabe...... 75 James K. McFadyen, Q.C...... 100 Sweeney & Sheehan, P.C. Gregory D.M. Stirling, Q.C...... 101 Louis J. Vogel, Jr...... 76 RHODE ISLAND CANADA – BRITISH COLUMBIA Adler Pollock & Sheehan P.C. Clark Wilson LLP James A. Hall ...... 77 Samantha Ip...... 102 SOUTH CAROLINA CANADA – ONTARIO Sweeny, Wingate & Barrow, P.A. Kelly Santini LLP Everett A. Kendall, II...... 78 Shawn O’Connor ...... 103 SOUTH DAKOTA CANADA – QUEBEC Riter, Rogers, Wattier & Northrup, LLP Therrien Couture Lawyers L.L.P. Robert C. Riter...... 79 Yannick Crack ...... 104 Martine Lord ...... 105 TENNESSEE Martin, Tate, Morrow & Marston, P.C. USLAW SOURCEBOOK...... 106 Richard M. Carter ...... 80 Shea Sisk Wellford ...... 81 USLAW CORPORATE PARTNERS...... 111 Carr Allison ALABAMA

Biography and Experience Kathy Davis serves as Chair of the firm’s Construction Practice Group, focusing her practice on handling construction law cases, general litigation cases, product liability cases and insurance coverage matters. Ms. Davis is currently serving as Chair of the DRI’s Construction Law Committee and she is the former Chairperson of the USLAW NETWORK’s Construction Litigation Group. She is a frequent author and lecturer on topics involving construction law and insurance coverage. Ms. Davis is recognized as “approved construction counsel” for several major liability insurance carriers and was the National Coordinating Counsel for Chinese Drywall for Zurich. She is also a member of Comfort Systems’ National Legal Advisory Counsel. Ms. Davis’ practice includes a significant amount of construction related litigation, and she has represented general contractors, subcontractors, developers, owners, architects, engineers, and suppliers in major litigation cases, mediation and other proceedings in connection with construction contracts and projects. Kathy R. Davis Carr Allison is a member of the Associated General Contractors of America (AGC). Carr Allison 100 Vestavia Parkway Birmingham, AL 35216 (205) 949-2953 Office Construction Industry Group Membership (205) 822-2057 Fax (205) 949-2953 Cell • Chair, DRI Construction Law Committee • CLM Construction Law Committee (205) 902-5189 Alternative •AGC [email protected] www.carrallison.com

Representative Seminars • 2013-2015 Chair, DRI Construction Law Committee and Seminar • Presentation on Workers’ Compensation Coverage and Construction Site Accidents. This session updated clients and lawyers alike on recent developments in the workers’ compensation arena and will specifically discuss when Medicare is involved in a liability case, USLAW Spring Conference 2014 • “Life Cycle of Chinese Drywall Claim,” CLM Annual Meeting Presentation with Zurich, 2011 • DRI Webcast on Green Building and Construction Litigation with the NAHB, 2010

Representative Articles • Contributed as Author for CLM’s 2014 Claims Handling Resource Guide for Alabama • “Hammers in Construction Contracts, Limited Warranties and Indemnification Agreements,” ADLA Journal, Spring 2013 • “Moving from Minors to Majors,” DRI’s For the Defense, August 2011 • “New Legal Issues in Green or Sustainable Construction,” Birmingham Bar Bulletin, 31:1, Spring 2010 • DRI’s Construction Litigation Desk Reference: A State-by-State Compendium, Alabama Editor, January 2010 • “Determining the Measure of Damages: When Repair Costs Exceed Value,” ADLA Journal, October 2007 • “Building Code Violations, Are They “Negligence Per Se?,” DRI’s For The Defense, September 2006 • “Is There Freedom of Contract Between Contractors and Subcontractors or Does it Depend on the Degree of Control?,” ADLA Journal, November 2005 • “Towards a Well-Built Defense: Disclaimers in the Contract for Sale of a New Home,” ADLA Journal, April 2005

Education • 1998, J.D., University of Alabama School of Law, cum laude • 1994, B.S., Business Administration, University of Alabama

® 1 Carr Allison ALABAMA

Biography and Experience Vincent A. (Van) Noletto is a shareholder with Carr Allison and is a resident in its DapVan has enjoyed a construction practice for approximately 15 years and has specialized in representing architects and engineers in these cases. Construction related activities comprise approximately 80% of his practice. Among the recent cases in which Van has been involved are various claims against architects and engineers arising of a massive construction project which was undertaken by the Mobile County School System. He has also been involved in representing a design engineer in claims arising out of the construction of the Thyssenkrupp Steel facility located in North Mobile County. He has represented site engineers in several cases where allegations have arisen that the site plans were inadequate, resulting in project delays and drainage issues. His recent practice also includes a significant amount of litigation arising out the design and construction of numerous high rise condominiums along the Alabama and Florida Gulf Coasts. These are multiparty cases with complex pleading issues and involves taking and de- Vincent A. Noletto, Jr. fending numerous depositions, including those of experts in all fields of design, construction, and remediation. They also in- Carr Allison volve the preparation and presentation of dispositive motions addressing all areas of design and construction liability. 6215 Monroe Street Carr Allison is a member of the Associated General Contractors of America (AGC). Suite 200 Daphne, AL 36526 (251) 626-9340 Office (251) 626-8928 Fax Construction Industry Group Membership (251) 895-0680 Cell [email protected] • Carr Allison Construction Practice Group • Defense Research Institute, serving as a member of the www.carrallison.com • DRI Construction Practice Group Construction Committee and its subcommittee dealing • DRI Design Professional Practice Group with architect and engineering liability matters

Representative Seminars • “The Drywall Came From Where?,” USLAW Spring Conference, Spring 2010 • “Application of the Economic Loss Doctrine to Design Professionals,” USLAW Fall Conference, Fall 2009 • Has moderated panels on Contractual Protection of Architects and Engineers and also on Best Practices

Representative Articles • “Construction Management: Evolving Roles and Exposure of Construction Managers and Architects/Engineers,” 12 American Journal of Trial Advocacy 55, 1988

Education • 1979, J.D., University of Alabama School of Law • 1976, B.A., Spring Hill College, summa cum laude

® 2 Richmond & Quinn ALASKA

Biography and Experience Rebecca Lindemann has been a practicing attorney for over seven years and a substantial part of her practice involves construction defect and product liability litigation. Rebecca works directly with major underwrites in the defense of civil litigation. Her practice involves dealing with construction managers, engineers and projects architects.

Rebecca A. Education Lindemann • 2007, J.D., University of Oregon Richmond & Quinn • 2003, B.A., Politics, Whitman College 360 K Street, Suite 200 Anchorage, AK 99501 (907) 276-5727 Office (907) 276-2953 Fax rlindemann@richmond quinn.com www.richmond quinn.com

® 3 Jones, Skelton & Hochuli, P.L.C. ARIZONA

Biography and Experience Michael A. Ludwig is a partner with the Arizona law firm of Jones, Skelton & Hochuli and chairs its Construction Practice Group. He concentrates his practice on construction law, personal injury defense and professional liability defense. For the past 20 years, he has represented developers, general contractors, sub-contractors, design professionals, and material suppliers for both residential and commercial projects. He co-authored the Arizona Construction Law Practice Manual published by the Arizona State Bar and was a member of the Executive Council for the State Bar’s Construction Section. He was on the Executive Board of Directors for the Arizona Association of Defense Counsel. He received his AV-rating from Martindale-Hubbell for his legal ability and his ethics and was named to the Arizona Super Lawyers list and he was selected to Arizona’s Finest Lawyers. He is the past chair of the USLAW Construction Practice Group. Jones, Skelton & Hochuli is a member of the Associated General Contractors of America (AGC). Michael A. Ludwig Jones, Skelton & Hochuli, P.L.C. 2901 N. Central Avenue Suite 800 Construction Industry Group Membership Phoenix, AZ 85012 • Federation of Defense and Corporate Counsel (2011) • USLAW NETWORK (Construction Practice Group Board (602) 263-7357 Office • State of Arizona (Construction Section Executive Council, Member, 2007-2010) (602) 200-7844 Fax 2007 – 2010; Trial Practice Section Committee, 2006-2007) • Arizona Builders Alliance, 2004-present (602) 717-1130 Cell • Arizona Association of Defense Counsel (Immediate Past • Defense Research Institute, Member (Construction Law [email protected] President, Board of Directors 2005 – 2014) Steering Committee, 2005-2008, 2010-2011, 2013-2014, • Associated General Contractors, 2004- present State Representative, 2014-2017) www.jshfirm.com

Representative Seminars • “Jobsite Accident & Injury Claims: Countering the Crisis," Presenter, Arizona Builders' Alliance Webinar, December 2014 • “Liability Issues,” Subcontractor Discussion Leader and Speaker, 2014 USLAW Construction Exchange, October 2014 • “Hold Up Issues: Construction Defect, Toxic & Mass Torts, and Minor’s Claims,” IAIR 2014 Insurance Insolvency Workshop, Speaker, January 2014 • "The 10-Minute Construction Law Drill," Panelist, Associated General Contractor's Annual Convention, March 7, 2013 • "Construction Defect Tenders and Related Topics," Presenter, Arizona Insurance Claims Association, October 2012 • "Arizona Coverage and Current Construction Trends," Speaker, 2011 West Region Construction Defect and Insurance Coverage Conference, September 2011 • “Examining Emerging Construction Trends Over the Past 10 Years,” Arizona State Bar Construction Seminar, February 2010 • “Claims Management On A Construction Project Gone Bad,” Construction Financial Management Association, August 2008 • “Insurance and Indemnity Issues in Construction,” Arizona Builders Alliance Legal Roundtable, May 2008 • “Reinforcing the Foundation: Emerging Issues For Construction Lawyers,” State Bar of Arizona, February 2008

Representative Articles • Co-authored Arizona Construction Law Practice Manual, published by State Bar of Arizona, 2003

Education • 2005, Construction Management Certificate Program, Del E. Webb School of Construction • 1993, J.D., Southwestern University School of Law • 1990, M.A., English Literature, Loyola Marymount University • 1988, B.A., English Literature, Loyola Marymount University

® 4 Jones, Skelton & Hochuli, P.L.C. ARIZONA

Biography and Experience Mark Zukowski’s construction law practice focuses primarily on the representation of insurers, general contractors, developers, owners and subcontractors in construction injury and defect litigation in Arizona state and federal courts. He has practiced in these areas for over 20 years. In addition to his construction law practice, Mark currently serves as an American Arbitration Association construction and commercial law arbitrator and mediator. He also serves as a private arbitrator and mediator in commercial and construction litigation disputes. Mark has been retained on multiple occasions to serve as an expert witness on behalf of general contractors and subcontractors and has lectured and written on a variety of construction related issues. He is a member of the construction law practice groups for the Defense Research Institute, the Arizona Association of Defense Counsel and the Maricopa County Bar Association. Mark currently serves on the construction law practice group for the USLAW NETWORK and was the founding chair of the USLAW construction practice group. He holds an AV Martindale-Hubbell rating, Mark D. Zukowski has been listed as a Southwest Super Lawyer since 2013, and was listed as one of the Top Attorneys in Arizona for 2014 by Phoenix Jones, Skelton & Magazine. Hochuli, P.L.C. Jones, Skelton & Hochuli is a member of the Associated General Contractors of America. 2901 N. Central Avenue Suite 800 Phoenix, AZ 85012 (602) 263-1759 Office Construction Industry Group Membership (602) 200-7841 Fax (602) 705-6778 Cell • Defense Research Institute – Construction Practice Group • Maricopa County Bar Association – Construction Practice • USLAW NETWORK – Construction Practice Group Group [email protected] • Arizona Association of Defense Counsel – Construction • Associated General Contractors of America www.jshfirm.com Practice Group

Representative Seminars • “Managing the Media in Today’s World: Why You Do Not Respond to Media Inquiries with No Comment,” Spring USLAW Client Conference, April, 2011 • “Indemnity in the Construction Context,” USLAW NETWORK Spring Client Conference, April, 2010 • “Mediation. A Mediator's Guide to Better Mediation Results," Arizona Association of Defense Counsel 2010 Annual Conference • “Mediation: An Insider’s Guide to Better Mediation Results,” Arizona Association of Defense Counsel Construction Practice Group Advocacy Luncheon, September, 2007 • “Construction Trends Across the Nation,” USLAW NETWORK Annual Client Conference, March, 2006

Representative Articles • Co-author, “Liability to Spectators at Sporting Events,” Federation of Insurance and Corporate Counsel Quarterly, Vol. 47, No. 2, Winter, 1997 • Frequent author for Jones, Skelton & Hochuli Construction Law Reporter

Education • 1980, J.D., University of Arizona, College of Law • 1979, University of Michigan, College of Law • 1978, B.S., Accounting, Wayne State University, magna cum laude

® 5 Quattlebaum, Grooms & Tull PLLC ARKANSAS

Biography and Experience Mr. Falasco’s practice focuses on real estate litigation, product liability, class actions, and appeals. Mr. Falasco was admitted to practice in Arkansas in 2002 and the United States Court of Appeals for the Eighth Circuit in 2005. He has practiced before the United States Court of Appeals for the Eighth Circuit, the Arkansas Supreme Court, the Arkansas Court of Appeals, numerous federal and state trial courts, and many Arkansas administrative agencies. Mr. Falasco is listed with The Best Lawyers in America® in the areas of Appellate Practice, Commercial Litigation and Litigation – Real Estate, recognized as a Mid-South Rising Star in the area of Business Litigation by Super Lawyers, and named a Future Star in Litigation by Benchmark Litigation. Mr. Falasco was part of the trial team that obtained a defense verdict for two pesticide manufacturers in a case brought by farmers alleging crop damage from widespread drift over several Northeast Arkansas counties. Mr. Falasco’s experience includes serving as lead trial counsel in putative class actions related to improper mortgage practices. In addition, he has suc- Joseph R. Falasco cessfully helped property developers overcome highly-contested development plans before local cities and has represented Quattlebaum, Grooms & landowners in lawsuits to establish and protect ingress and egress rights to property. Mr. Falasco has served as trial counsel in Tull PLLC numerous condemnation matters and has retained full-price judgments. Mr. Falasco has also been lead trial counsel for na- 111 Center Street tional companies in cases alleging violations of franchising acts and deceptive trade practices. Mr. Falasco has represented Suite 1900 clients in matters before numerous administrative agencies, including the Arkansas State Medical Board, the Arkansas State Board of Optometry, the Arkansas State Highway and Transportation Department, the Arkansas Insurance Department, the Little Rock, AR 72201 Arkansas Motor Vehicle Commission, and the Arkansas State Board of Collection Agencies. (501) 379-1776 Office Prior to joining Quattlebaum, Grooms & Tull PLLC, Mr. Falasco served as a law clerk to the Honorable Lavenski Smith of the (501) 379-3876 Fax United States Court of Appeals for the Eighth Circuit and the Honorable Annabelle Clinton Imber of the Arkansas Supreme (501) 554-1749 Cell Court. [email protected] www.qgtlaw.com

Education • 2002, J.D., University of Arkansas – Fayetteville, magna cum laude • 1998, B.S., Aeronautical Technology, Arizona State University, with honors

® 6 Quattlebaum, Grooms & Tull PLLC ARKANSAS

Biography and Experience Mr. Grooms is a founding member of Quattlebaum, Grooms & Tull PLLC. He represents banks, health care managers, real estate developers, real estate brokers, and other clients in a variety of transactional matters. Mr. Grooms has substantial experience in real estate and general commercial lending transactions and has been frequently involved in matters of eminent domain. He has negotiated hundreds of retail, office and commercial space leases on behalf of major national retailers and numerous developers, landlords and tenants throughout Arkansas and the Mid-South. As counsel to lenders and developers, Mr. Grooms has experience with Low Income Tax Credit, New Markets Tax Credit, and Historic Tax Credit Transactions. Mr. Grooms is a member of the American College of Real Estate Lawyers (ACREL), a Fellow in the American College of Mortgage Attorneys (ACMA), a member and former officer in the state chapter of the International Council of Shopping Centers (ICSC). He serves as counsel to numerous banking and real estate industry groups, including the Arkansas Community Bankers, Timothy W. Grooms Arkansas Rural Rental Housing Association, Arkansas REALTORS® Association (including numerous local REALTOR® boards), Quattlebaum, Grooms & and the state chapter of the Building and Office Management Association (BOMA). Tull PLLC Among completed transactions, Mr. Grooms lists numerous retail shopping center developments, mixed-use horizontal 111 Center Street property regimes, apartment complexes (including units providing low income housing), office buildings, educational insti- Suite 1900 tutions, hotels, hospitals, related clinics and ancillary facilities, and charitable non-profit developments. Mr. Grooms serves as legal counsel to Arkansas’s premier sports and entertainment facility, Verizon Arena in North Little Rock. He assisted with prop- Little Rock, AR 72201 erty assemblage and condemnation and later handled all other legal aspects for the Arena, including construction, manage- (501) 379-1713 Office ment, and operational matters. Mr. Grooms was real estate development counsel for Heifer Project International regarding (501) 379-3813 Fax land acquisition and development of its present World Headquarters and he represented the owners of the present site of the (501) 681-6470 Cell William Jefferson Clinton Presidential Park in downtown Little Rock, Arkansas. In 2009, Mr. Grooms participated in the fi- [email protected] nancing of a new addition to the Arkansas Technology and Research Park in Fayetteville, Arkansas, including utilization of New www.qgtlaw.com Markets Tax Credits, and he recently represented the lender and tax credit investor regarding expansion of Arkansas Baptist College and redevelopment of the Chancellor Hotel in Fayetteville. In 2013, the “Mann on Main” redevelopment of mixed use retail, office and condominium projects went “on line” with the assistance of Mr. Grooms and use of New Markets and Historic Tax Credits. The premiere office and entertainment complex known as the “Arcade Building” opened in 2014, accomplished in a public-private partnership between the Central Arkansas Library System and a group of private investors, owners and tenants. This development in the River Market will complement other projects Mr. Grooms represented as legal counsel including River Market Tower, the First Security Building, Third and Commerce and 300 Third, all mixed-use condominium projects in the River Market area of Little Rock, Arkansas. Mr. Grooms is a frequent lecturer to title, banking, real estate, real estate brokerage, and construction industry groups and industry regulators. Topics have included bank and bank holding company regulatory issues, bankruptcy issues affecting real estate, title insurance law and other issues of interest to real estate lenders, contractors, appraisers, title agents, developers, and brokers. He is recognized by The Best Lawyers in America®, Chambers USA’s Guide to America’s Leading Lawyers for Business, and Super Lawyers as among the best lawyers in the State of Arkansas and the nation.

Construction Industry Group Membership • American College of Real Estate Lawyers • International Council of Shopping Centers • American College of Mortgage Attorneys

Education • 1984, J.D., University of Arkansas at Little Rock School of Law, with high honors • 1981, B.A., University of Arkansas at Little Rock, magna cum laude

® 7 Quattlebaum, Grooms & Tull PLLC ARKANSAS

Biography and Experience Mr. Price’s practice focuses on civil litigation. He has represented various clients in breach of contract, breach of warranty, negligence, products liability, fraud, defamation, employment law, Freedom of Information Act, Administrative Procedures Act, and OSHA matters. He is recognized as a Rising Star in the area of Business Litigation by Super Lawyers. Mr. Price also represents both property owners and condemning authorities in eminent domain matters. He represented a local authority in condemning numerous acres of urban property to expand school grounds and received judgments in favor of the local authority in each action that had to be filed. He has successfully represented property owners in numerous condemnation lawsuits, retaining full-price judgments. In addition, Mr. Price has represented citizens in front of local and state governmental bodies to prevent or delay controversial real estate projects. In May of 2007, Mr. Price graduated with high honors from the William H. Bowen School of Law where he served as an Joseph W. Price II Associate Editor of the University of Arkansas at Little Rock Law Review, as a Student Body Association Senator, and as a co- Quattlebaum, Grooms & founder and Vice President of UALR’s chapter of the American Constitution Society. In addition, Mr. Price was a participant in Tull PLLC UALR’s Mediation Clinic Program, and the 2006-07 recipient of the Wilson & Associates Ethics Scholarship, which is awarded to 111 Center Street the most outstanding student in UALR’s Professional Responsibility course. While in law school, Mr. Price clerked for the Suite 1900 Arkansas Attorney General’s Office and the Honorable John S. Tanner, U.S. Representative for the Eighth District of Tennessee. Mr. Price was admitted to practice in Arkansas in 2007. He was also admitted to practice in the United States District Court Little Rock, AR 72201 for the Eastern and Western Districts of Arkansas and the United States Court of Appeals for the Eighth Circuit in 2007. (501) 379-1772 Office (501) 379-3872 Fax (501) 944-8692 Cell [email protected] www.qgtlaw.com Education • 2007, J.D., University of Arkansas at Little Rock School of Law, with high honors • 2003, December, B.S., History, University of Tennessee at Martin, summa cum laude

® 8 Dillingham & Murphy, LLP CALIFORNIA

Biography and Experience Pat Hagan has defended an array of construction matters. He has tried three cases to verdict with defense results. For approximately 15 years, 1987-2002, almost 100% of his practice was the defense of various construction products, fluid movement devices (e.g., pumps, fittings, and piping) and industrial equipment involving bodily injury, wrongful death, property damage and government regulatory work, including appearances before various agencies of the State of California, the U.S. Environmental Protection Agency, the U.S. Coast Guard and other state agencies. These products also include asbestos, building and construction equipment, electrical equipment and devices, electrical wire and cable, fire sprinklers and fire protection devices, hand tools, industrial machinery, lifting equipment, power tools, roofing systems, scaffolding, swimming pools, trucks and commercial transportation and windows. Mr. Hagan has been elected Super Lawyer multiple times. No construction trials in the last 10 years, but: Patrick J. Hagan • Lockheed Martin Corp v RFI Supply Inc., 440 F-3d 549 (1st Cir. 2006), argued to 1st Circuit and prevailed on an underlying Dillingham & Murphy, LLP summary judgment dismissal based on contract, not allowing tort recovery for an economic loss claim (many citations to 601 California Street this seminal case). Suite 1900 • Defended drilling machine manufacturer for traumatic amputation of an arm and able to obtain dismissal without pay- San Francisco, CA 94108 ment by proving the client was not the refurbisher of the offending machine. • Defended injection molding company in a product based construction defect case which settled for approximately $20 (415) 397-2700 Office million by proving the client was not the manufacturer of the allegedly defective plastic piping which was the primary (415) 397-3300 Fax cause of the damage. (415) 317-3377 Cell (415) 461-5450 Home [email protected] www.dillingham murphy.com Representative Seminars • Numerous speaking engagements for DRI, FDCC and USLAW on various aspects of construction liability for more than 20 years • Keynote speaker, Grey’s Inn, London, to Lloyds’ retrocessionaries – presentation seeking support for creation of Equitas and reconstitution of Lloyds, May 1995

Representative Articles • “Punitive Damages: California Model Applying Gore and State Farm,” Federation of Insurance & Corporate Counsel Quarterly, Spring 2004 • “Blueprint For General Causation Analysis In Toxic Tort Litigation,” Federation of Insurance & Corporate Counsel Quarterly, Fall 2003 • “State Variations on the Daubert Theme,” Federation of Insurance & Corporate Counsel Quarterly, Fall 2000 • “Gatekeeping and the Admissibility of Scientific Evidence in the Post Daubert/Joiner/Kumho Tire World,” Federation of Insurance & Corporate Counsel Quarterly, Summer 1999, FDCC Article of the Year Award

Education • 1975, J.D., Hastings College of the Law, U.C.S.F. • 1969, M.B.A. (not completed), American University • 1965, B.S., Accounting, St. Joseph’s University

® 9 Klinedinst PC CALIFORNIA

Biography and Experience Kurt Campbell is the head of Klinedinst PC’s Real Estate, Construction and Land Use Department and has been practicing law for over 20 years. Mr. Campbell’s extensive litigation, transactional, negotiation and strategic business planning experience have earned him a reputation of excellence throughout California. He represents a variety of corporate clients including Fortune 500 companies, general contractors, developers, subcontractors, design professionals, and real estate professionals. Mr. Campbell has successfully handled every aspect of commercial and residential construction litigation. Mr. Campbell handles complex real estate issues associated with residential, mixed-use and commercial products, including high-rise, infill, mid-rise, large condo conversion and residential tract projects, skilled nursing facilities, and retirement communities. Mr. Campbell’s practice area involves initial project contracting and risk allocation associated with the indemnity obligations, additional insured obligations, and the allocation of deductible and SIR obligations related to shared policies, course Kurt U. Campbell of construction disputes and defect litigation. Klinedinst PC Mr. Campbell has extensive experience in the WRAP insurance arena, including acquisition, analysis, and litigation of these 501 W. Broadway, Suite 600 policies on very large/complex projects, affording him a unique “cradle to grave” perspective on commercial and residential San Diego, CA 92101 high-rise, mixed use, and large residential construction projects. Mr. Campbell excels at advising clients with regard to the pro- (619) 239-8131 Office ject’s construction, completion, disputes related to delay and/or associated lien claims. His focus on risk management through construction contract drafting and litigation helps reduce and spread risk where appropriate. (619) 238-8707 Fax As a licensed California real estate broker and Realtor®, Mr. Campbell is a successful broker, property manager and real es- (619) 846-1269 Cell tate investor in commercial, retail and residential properties. His experience with purchasing, rehabilitating, managing and kcampbell@klinedinst brokering residential, commercial and retail properties affords him a unique perspective when representing clients on con- law.com struction, real estate and leasing issues. www.klinedinstlaw.com In addition, Mr. Campbell also has extensive experience in handling general liability, catastrophic injury, wrongful death, trucking, transportation, products liability and business litigation cases. Klinedinst PC is a member of the Associated General Contractors of America (AGC).

Construction Industry Group Membership • Associated General Contractors • San Diego County Bar Association (Construction, • BIA (Building Industry Association of San Diego) Environmental Law, and Land Use Sections)

Representative Seminars • “Building Product Failures – Leading to Class Action Lawsuits? – Round II” Panel, MC Consultants 19th Annual West Region Construction Defect and Insurance Coverage Conference, September 2013 • “What’s Working and Not Working About Wrap-Ups” IRMI Construction Risk Conference, November 12, 2012 • “Building Product Failures – Leading to Class Action Lawsuits?” MC Consultants 18th Annual West Region Construction Defect and Insurance Coverage Conference, September 20, 2012 • “It’s a Wrap” Spring 2012 USLAW Conference, April 13, 2012 • “It’s a WRAP! – 2011 Market Update” Panel Moderator, MC Consultants 17th Annual West Region Construction Defect and Insurance Coverage Conference, September 2011 • “WRAPS: An Update From the Front Lines” Panel Moderator, MC Consultants 16th Annual West Region Construction Defect and Insurance Coverage Conference, September 2010 • “It Isn’t Easy Being Green: Green Litigation Update & Insurance Coverage Issues In Green And Sustainable Design Construction Panel” Spring 2010 USLAW NETWORK Client Conference, April 16, 2010

Education • 1993, J.D., University of San Diego School of Law • 1990, B.A., San Diego State University, cum laude • 1988-1989, Heidelberg University, Germany

® 10 Klinedinst PC CALIFORNIA

Biography and Experience Kevin J. Gramling, the managing shareholder at the firm’s Orange County office, has extensive experience defending product liability, premises liability, mold and indoor air quality, environmental, transportation, and construction defect claims. Kevin Gramling is an AV® Preeminent™ Peer Rated attorney, having achieved Martindale Hubbell’s highest rating for legal ability and ethical standards. Klinedinst PC is a member of the Associated General Contractors of America (AGC).

Kevin J. Gramling Education Klinedinst PC • 1997, J.D., California Western School of Law 5 Hutton Centre, Suite 1000 • 1988, B.A., Villanova University Santa Ana, CA 92707 (714) 542-1800 Office (714) 542-3592 Fax (714) 315-7450 Cell kgramling@klinedinst law.com www.klinedinstlaw.com

® 11 Klinedinst PC CALIFORNIA

Biography and Experience Arthur S. Moreau has extensive experience counseling clients and negotiating and litigating business related issues, with an emphasis in real estate, land use, and construction. Mr. Moreau counsels and assists his business clients on a variety of legal issues, from entity formation to deal analysis and contract development. Drawing on his years as Executive Vice President for a Newport Beach based developer, Mr. Moreau has big picture perspective, business acumen and experience to act as outside general counsel for a number of his business clients. In a litigation context, Mr. Moreau is responsible for leading his litigation team from case intake through trial and appeal. Mr. Moreau represents a broad spectrum of both residential and commercial construction professionals, including design professionals, subcontractors, general contractors and developers in litigation and arbitrations. Klinedinst PC is a member of the Associated General Contractors of America (AGC). Arthur S. Moreau Klinedinst PC 501 W. Broadway, Suite 600 San Diego, CA 92101 (619) 239-8131 Office Construction Industry Group Membership (619) 238-8707 Fax • The Associated General Contractors • San Diego County Bar Association (Real Property, (619) 994-0740 Cell • Associated Builders and Contractors Construction and Environmental Sections) amoreau@klinedinst law.com www.klinedinstlaw.com Representative Seminars • “WRAPs: Are They All They’re Cracked Up to Be?” Building Industry Association, December 12, 2006 • “Handling Construction Defect Claims, Strategies and Tactics – Developing and Managing High-Rise CD Cases,” 8th Annual Key West Seminar, October, 2004

Education • 1993, J.D., Pepperdine University, cum laude • 1990, M.B.A., Finance, Pepperdine University • 1978, D.S.E.F., University of Grenoble, France • 1977, B.A., University of California at Santa Barbara

® 12 Murchison & Cumming, LLP CALIFORNIA

Biography and Experience Jean A. Dalmore is a Partner and Co-Chair of the Construction Law practice group of Murchison & Cumming, LLP. Ms. Dalmore is also active in the Defense Research Institute’s Construction Law Committee and is the Vice Chair of USLAW's Construction Practice Group. Focusing her practice in the area of construction defect and construction site accident, she represents developers, general contractors, sub-contractors, manufacturers, and material suppliers in all fields of construction. Ms. Dalmore handles cases involving diverse construction related claims, including complex construction defect disputes, major claims involving catastrophic construction injuries and mold allegations in single- and multi-family residential dwellings and commercial buildings. She has 20 years of experience as a construction attorney and devotes 90% of her practice to construction related matters. AV-rated by Martindale-Hubbell, Ms. Dalmore is well experienced in all aspects of litigation, including discovery, mediation, arbitration, and trial having spent her entire career as a trial lawyer at Murchison & Cumming. Jean A. Dalmore Murchison & Cumming, LLP is a member of the Associated General Contractors of America (AGC). Murchison & Cumming, LLP 801 South Grand Avenue 9th Floor Los Angeles, CA 90017 (213) 630-1005 Office Construction Industry Group Membership (213) 623-6336 Fax • DRI Construction Practice Group • Associated General Contractors of California (213) 840-9949 Cell (626) 794-8128 Home jdalmore@murchison law.com www.murchisonlaw.com Representative Seminars • "Indemnity Agreements in Construction Contracts: When is a promise really binding?" USLAW NETWORK/Murchison & Cumming, LLP 2013 CLE Program & Summer Beach Bash, Santa Monica, CA, June 25, 2013 • "Ten-Minute Construction Law Drill: Contractor Controlled Insurance Programs and Owner Controlled Insurance Programs," Associated General Contractors of America Annual Convention, Palm Springs, CA, March 6-9, 2013 • "Coping with Climate Change: How to Deal with the Many Legal and Market Restrictions on Contractual Indemnity and Additional Insured Endorsements, and Other Questions about Traditional Risk Allocation," 2013 AGC Surety Bonding and Construction Risk Management Conference, Naples, FL, February 4-6, 2013 • Co-Chair, Construction Law Track, USLAW NETWORK Spring Client Conference, Dana Point, CA, April 12-14, 2012 • Speaker, “Five Minute Drill: California Construction Law Case Update,” USLAW NETWORK Spring Client Conference, Phoenix, AZ, March 31-April 2, 2011 • Co-Chair, Construction Law Track, USLAW NETWORK Spring Client Conference, April 15-17, 2010 • Panelist, “Handling Construction Defect Claims,” Southern California Claims Managers Meeting, December 10, 2009

Representative Articles • “Moving from the Minors to the Majors: Catastrophic Failures,” For The Defense, August 2011

Education • 1994, J.D., University of Southern California Law Center • 1991, B.S., California State University, Los Angeles

® 13 Murchison & Cumming, LLP CALIFORNIA

Biography and Experience Daniel G. Pezold is an Associate Partner in the Construction Law Practice Group of Murchison & Cumming, LLP. Mr. Pezold focuses his practice in the area of construction defect defense, representing sub-contractors and general contractors in all fields of construction. He also has extensive experience in insurance litigation, including bringing and defending declaratory relief and contribution actions, and defending bad faith actions. Mr. Pezold is known for his ability to bring matters to an early resolution and has a high rate of success securing voluntary dismissals. Murchison & Cumming, LLP is a member of the Associated General Contractors of America (AGC).

Daniel G. Pezold Murchison & Cumming, LLP 801 South Grand Avenue 9th Floor Education Los Angeles, CA 90017 • 1997, J.D., Whittier Law School (213) 630-1091 Office • 1973, M.A., California State University, Chico (213) 623-6336 Fax • 1972, B.A., California State University, Chico dpezold@murchison law.com www.murchisonlaw.com

® 14 Snyder Law, LLP CALIFORNIA

Biography and Experience Ashley Dorris’s experience is wide-ranging, having successfully defended her clients in matters ranging from construction related accidents, to representing subcontractors in complex construction defect issues to representing general contractors in disputes arising out of single family homes. She also actively counsels her clients on all aspects of pre-litigation management. She is licensed to practice in the State of California and before the United States District Court for the Central, Northern and Eastern Districts of California.

Ashley Ann Dorris Education Snyder Law, LLP • 2003, J.D., Santa Clara University 420 S. Fairview Avenue • 2000, B.S., Business Administration – Marketing, University of Arizona Suite 102 Santa Barbara, CA 93117 (805) 683-7746 Office (805) 692-2801 Fax (805) 280-1931 Cell [email protected] www.snyderlaw.com

® 15 Lewis Roca Rothgerber LLP COLORADO

Biography and Experience Ben M. Ochoa is a partner in Lewis Roca Rothgerber LLP ’s Denver office. He has over 25 years experience in the areas of construction, real estate and commercial litigation. His construction clients include construction lenders, owners and developers, special districts, property owners’ associations, contractors, architects, and engineers. Mr. Ochoa has extensive experience litigating, arbitrating and mediating a broad range of civil disputes in Colorado state courts, the U.S. District Court for the District of Colorado and various arbitration and mediation forums across the state. Mr. Ochoa also has experience in both the Colorado Court of Appeals and the U.S. Court of Appeals for the Tenth Circuit. He has been selected numerous times for Colorado Super Lawyers® in Construction Litigation. Mr. Ochoa is rated by Martindale – Hubble as an “AV/Preeminent Attorney.” Recently, Mr. Ochoa has been recognized in the 2014 edition of Chambers USA in the category of Real Estate: Construction and in the 2015 edition of Best Lawyers in America© in the area of Litigation - Real Estate. Ben M. Ochoa Lewis Roca Rothgerber LLP is a member of the Associated General Contractors of America (AGC). Lewis Roca Rothgerber LLP 1200 17th Street, Suite 3000 Denver, CO 80202 (303) 628-9574 Office (303) 623-9222 Fax Construction Industry Group Membership [email protected] • Associated General Contractors of Colorado • Hispanic Contractors of Colorado www.LRRLaw.com

Representative Seminars • Speaker, “Construction Delays: The Good, The Bad & The Ugly,” NAHB International Builders’ Show, Spring 2014 • Speaker, “Timely Real Estate Construction,” Associated General Contractor (AGC) Annual Convention, Spring 2013 • Speaker, “Delays in Construction,” USLAW NETWORK Construction Seminar, Spring 2013 • Speaker, “Show Me the Money – Getting Paid on Construction Projects,” USLAW NETWORK Construction Law Seminar, Spring 2012 • Moderator, “Construction ADR,” USLAW NETWORK Construction Law Seminar, Spring 2008 • Moderator, “Construction Defect Claims – Notice and Opportunity to Repair (NOR) Statutes,” USLAW NETWORK Construction Law Seminar, Spring, 2007 • Speaker, “Special District Public Works Projects,” Client seminar, Winter, 2006 • Speaker, “Eminent Domain-Fundamentals and Practice for Special Districts,” Client seminar, Fall 2005

Representative Articles • Author, “Construction Delays Create Legal Consequences for Both Parties,” Colorado Real Estate Journal, May 2013 • Author, “Construction Corner: The Legal Consequences of Construction Delays – (A Refresher),” RJ&L Alert, March 2013 • “Colorado Compendium of Law,” USLAW National Compendium of Law, Co-Author, Spring 2009 • “Colorado Compendium of Construction Law,” USLAW National Construction Law Compendium, Co-Author, Spring 2008 • “Construction Project Lenders,” The Practitioner’s Guide to Colorado Construction Law, Chap. 9, Co-Author, 1999

Education • 1987, J.D., University of Colorado Law School • 1983, B.S., University of Colorado College of Business, cum laude

® 16 Hinckley Allen CONNECTICUT

Biography and Experience Jared’s practice is focused in construction, with special emphasis on construction contract claims. While he represents primarily general contractors, he has represented all aspects of the construction industry including subcontractors, owners, design professionals, and sureties. Jared’s experience includes drafting and negotiating contracts for a wide range of projects, as well as counseling clients on related insurance and bonding issues. During construction, he assists clients in documenting and protecting their interests on the diverse issues that may arise such as documenting and dealing with contract claims or environmental issues often encountered during the building process, so that they may attempt to resolve them during construction and, if not, will have protected their interests. Jared then assists his clients with any remaining issues as cost-effectively as possible, including resolving claims directly with other entities, drafting claims and requests for equitable adjustment, and successfully mediating disputes before the clients incur the substantial costs required to fully litigate matters. When necessary, he represents Jared Cohane his clients in state and federal courts, as well as arbitration, both nationally and internationally. Jared has handled various ap- Hinckley Allen peals and has argued before the Connecticut Supreme Court. Jared has represented clients in private and public construction 20 Church Street projects, including power plant upgrades, schools, office buildings, and heavy highway, as well as government facilities and in- Hartford, CT 06103-1221 frastructure projects both in the United States and abroad. (860) 331-2724 Office Hinckley Allen is a member of the Associated General Contractors of Connecticut. (860) 331-2725 Fax [email protected] www.hinckleyallen.com Construction Industry Group Membership • American Bar Association • Construction Financial Management Association • Massachusetts Bar Association • Connecticut Construction Industries Association • New York Bar Association • AGC of Connecticut • Hartford County Bar Association

Representative Articles • “The Modern Problem of Limitless Liability in Public Contracting Afforded by the Ancient Doctrine of Nullum Tempus Occurrit Regis” Journal of the American College of Construction Lawyers, Vol. 7 • “Things You Should Know Before Venturing South of the Massachusetts Border,” Construction Outlook Magazine, May 2011 • “When the Design-Build Delivery Method Takes Hold: Will You Be Prepared?” The CIM Construction Journal, April 2011 • “All’s Not Well: With Oil Prices Rising, Price Escalation Provisions May Be A Smart Move,” Connecticut Law Tribune, March 2011 • “New Connecticut Law Adds an Arrow to Contractor’s Quiver in Efforts to Recover Wage Payments From Subcontractors,” Hinckley Allen Construction Newsletter, June 2010 • Power to the Arbitrator,” Connecticut Law Tribune, March 2010 • “The Impossibility Doctrine – Still Hazy After All These Years: Part II,” Journal of the American College of Construction Lawyers, Volume 3, Summer 2009 • “The Impossibility Doctrine – Still Hazy After All These Years: Part I,” Journal of the American College of Construction Lawyers, Volume 2, Summer 2008

Education • 2002, J.D., University of Connecticut School of Law, with honors • 1994, B.A., Philosophy and Anthropology, Oberlin College

® 17 Hinckley Allen CONNECTICUT

Biography and Experience In a legal career spanning two decades, Tim has successfully recovered multi-millions of dollars in damages for his clients across the United States. Focusing in Construction and Commercial Litigation, he has successfully represented high-profile, international clients, including: top ENR contractors, a major pharmaceutical corporation, a world leader in energy plant construction, and many of the world’s leading surety companies. Tim’s legal counsel has also proved successful for general contractors and sureties in arbitration and mediation, and in federal and state court. He has arbitrated, tried, or litigated cases nationwide in major metropolitan markets including Manhattan, Brooklyn, Louisville, Boston, and Jackson. Tim is the former Chair of the Connecticut Bar Association Construction Law Section. His many professional accomplishments include the expansion of the law regarding a Connecticut contractor’s recovery under the “Eichleay Formula” for suspension of work claims before the Board of Contract Appeals and the Federal Circuit Court of Appeals. An in-demand panelist and speaker, Tim has pre- Timothy T. Corey sented programs and seminars on emerging trends and changes in construction and surety law. As a keynote speaker, he has Hinckley Allen lectured at the Connecticut Bar Association, the National Association of Credit Managers, and the Cambridge Institute in 20 Church Street Massachusetts. Hartford, CT 06103-1221 Hinckley Allen is a member of the Associated General Contractors of Connecticut. (860) 331-2720 Office (860) 331-2721 Fax [email protected] www.hinckleyallen.com Construction Industry Group Membership • American Bar Association, Forum Committee, • Connecticut Construction Industries Association, Inc., Construction Industry, Member Mechanic’s Lien Task Force • American Bar Association, Fidelity Surety Law • Connecticut Associated Builders and Contractors, Inc. Committee, Member • International Association of Defense Counsel, Member • American Bar Association, Construction Law Section, Member

Representative Seminars • “Raise or Fold - How To Effectively and Efficiently Plan and Prosecute Litigation and Arbitration Without Putting the Client on Tilt,” Construction SuperConference 2014 • “Key Clauses in a Construction Contract,” AICPA Construction Conference • “Mechanic’s Liens, Performance Bond Claims, Payment Bond Claims,” Cambridge Institute Seminar • “Demonstrative Evidence,” Connecticut Bar Association Seminar • “Liquidating Agreements, Arbitration – Obtaining and Preserving the Award,” Connecticut Bar Association Seminar • “Payment Bond Claims,” National Association of Credit Managers Seminar

Representative Articles • “BIM: The New Standard of Practice,” Engineering News-Record, August 2010

Education • 1983, LL.M., International Business, McGeorge School of Law University of the Pacific • 1982, LL.B., University of New Brunswick • 1979, B.A., Saint Thomas University

® 18 Hinckley Allen CONNECTICUT

Biography and Experience Peter J. Martin practices construction law, with special emphasis on litigating construction and surety disputes. He represents general contractors, subcontractors, design professionals and sureties in state and federal courts and in arbitration. In addition, Peter’s experience includes drafting and negotiating contracts, and assisting clients documenting and protecting their interests on the diverse issues that arise prior to and during construction activities and drafting and responding to claims. Peter assists his clients with issues as cost-effectively as possible, including resolving claims through mediation and other dispute resolution venues before they incur the substantial costs required to fully litigate matters. Peter has been with Hinckley Allen since 2010. Before that he was with Pepe & Hazard, LLP from 2004 to 2010 and Morris, Duffy, Alonso & Faley, LLP from 2003 to 2004. Hinckley Allen is a member of the Associated General Contractors of Connecticut. Peter J. Martin Hinckley Allen 20 Church Street Hartford, CT 06103-1221 (860) 331-2726 Office Construction Industry Group Membership (860) 331-2727 Fax • CCIA, Young Contractors Forum • Associated Builders & Contractors of Connecticut, (860) 462-8650 Cell Legislative Subcommittee Member (860) 561-0664 Home [email protected] www.hinckleyallen.com

Representative Seminars • Construction SuperConference, San Francisco, CA, December 2013 • New York Construction Law Seminar, March 2008, In-House Client Seminar • “The Fundamentals of Construction Contracts: Understanding the Issues in Connecticut,” Lorman, April 2005, June 2006, June 2007

Representative Articles • “The Modern Problem of Limitless Liability in Public Contracting Afforded by the Ancient Doctrine of Nullum Tempus Occurrit Regis,” Journal of the American College of Construction Lawyers, Vol. 7, August 1, 2013 • “The King Is Dead; Long Live the King: The Connecticut Supreme Court Resurrects Stale Claims by the State,” Hinckley Allen Construction eNewsletter, April 19, 2013 • “EAP Issues With New Construction General Permit,” Hinckley Allen Construction Newsletter, March 2012, March 30, 2012 • “Construction and Energy Law: Act May Hold Answer To Crumbling Infrastructure,” Connecticut Law Tribune, March 5, 2012 • “Connecticut May Soon Have Its Own False Claim Act,” Pepe & Hazard LLP Newsletter, April 1, 2007 • “Proposed Legislation for 2007: Connecticut False Claims Act,” Connecticut Law Tribune, March 2007; Hartford Business Journal, February 1, 2007

Education • 2003, J.D., Brooklyn Law School • 1999, B.S., School of Business, University of Connecticut

® 19 Carr Allison FLORIDA

Biography and Experience David Brannon is a shareholder in Carr Allison’s Tallahassee, Florida office. An AV rated attorney, Mr. Brannon has had an active construction litigation practice for the past five years; a practice that currently comprises approximately 20% of his overall practice. Mr. Brannon represents a range of construction clients, including contractors and subcontractors, in claims involving construction defects, toxic exposure and personal injury, including wrongful death. Mr. Brannon is also involved in providing a national insurance carrier with advice and counsel relative to reactive drywall issues and litigation in Florida. Mr. Brannon has over 20 years of trial experience and has represented clients in jury trials in state and federal courts throughout Florida. Carr Allison is a member of the Associated General Contractors of America (AGC).

P. David Brannon Carr Allison 305 S. Gadsden Street Construction Industry Group Membership Tallahassee, FL 32301 • Defense Research Institute – Construction Law Contract (850) 222-2107 Office and Delay Claim Specialized Litigation Group (850) 222-8475 Fax (850) 933-1813 Cell (850) 894-0504 Home [email protected] www.carrallison.com Representative Seminars • “Update on Florida Legal Issues,” Seminar sponsored by insurance carrier for national attorney network, 2011 • “Impact of MSPA on Professional Liability Claims,” Seminar sponsored by national attorney/carrier network, 2010 • “Expert Witness Deposition Strategies and Update on MSPA,” Seminar sponsored by national health care organization, 2010 • “Trends in Florida Law,” Seminar sponsored by insurance carrier for national attorney network, 2009

Representative Articles • Co-Author, “Florida Section” USLAW Construction Law Compendium, 2009 • Co-Author, “Voluntary Disclosure and Apology Protection,” Counsel to Counsel, 2008 • “Expert Witness Discovery after the Boecher Decision,” 19 Trial Advocacy Quarterly, 2000

Education • 1989, J.D., University of Florida College of Law • 1986, B.S., Florida State University

® 20 Wicker Smith O’Hara McCoy & Ford, P.A. FLORIDA

Biography and Experience H. Wayne Clark, Jr., joined Wicker Smith in 2006 and is a partner in the Fort Lauderdale office. Mr. Clark practices in both the state and federal courts, focusing on all aspects of construction law, first party property law, premises and security liability, condominium disputes, wrongful death and commercial litigation. Mr. Clark handles construction litigation throughout the state of Florida, representing developers, general contractors, sub-contractors and design professionals for both residential and commercial properties. Mr. Clark has litigated routine lien matters to complex multi-million dollar construction defect cases. He also serves as counsel for a Fortune 500 construction company. He is an AV® Preeminent™ rated attorney by Martindale-Hubbell, the highest rating awarded by that organization. Wicker Smith O’Hara McCoy & Ford, P.A. is a member of the Associated General Contractors of America (AGC). H. Wayne Clark, Jr. Wicker Smith O’Hara McCoy & Ford, P.A. 515 East Las Olas Boulevard Suite 1400 Fort Lauderdale, FL 33301 (954) 847-4800 Office Construction Industry Group Membership (954) 760-9353 Fax • Wicker Smith is a law firm member of the ATA • DRI Construction Practice Group (954) 203-7034 Cell [email protected] www.wickersmith.com

Representative Seminars • “Construction 10-Minute Drill,” Wicker Smith Claims Seminar, Orlando, FL, June 13, 2014

Education • 2004 J.D., Nova Southeastern University • 2000, B.A., University North Carolina Greensboro

® 21 Wicker Smith O’Hara McCoy & Ford P.A. FLORIDA

Biography and Experience William F. Fink, a partner in the Miami office, serves as head of the firm’s Construction Practice Group. Mr. Fink has handled cases in all aspects of construction litigation involving both property damage and bodily injury throughout Florida for 23 years, representing developers, general contractors, sub-contractors and design professionals for both residential and commercial properties. Mr. Fink has also represented contractors in matters involving contract dispute and lien issues, as well as handled numerous insurance coverage cases. He has tried many cases involving millions of dollars to verdict in both state and federal court. Mr. Fink’s achievements throughout his career have been recognized by his peers, earning him an AV® Preeminent™ rating from Martindale-Hubbell. Most recently, he was admitted to the American Board of Trial Advocates, an invitation only group of trial attorneys required to be certified by the local bench and bar as exceptional practitioners in the community. He is a member of the South Florida Chapter of the Associated General Contractors of America and currently serves as the William F. Fink Chairman for the USLAW Construction Practice Group. Wicker Smith O’Hara Wicker Smith O’Hara McCoy & Ford P.A. is a member of the Associated General Contractors of America (AGC). McCoy & Ford P.A. 2800 Ponce de Leon Blvd. Suite 800 Coral Gables, FL 33134 (305) 448-3900 Office (305) 441-1745 Fax (954) 816-6787 Cell Construction Industry Group Membership (954) 370-9822 Home (305)773-4061 Alternative • Associated General Contractors of America (AGC) • South Florida Chapter, Associated General Contractors of [email protected] • DRI Construction Practice Group America www.wickersmith.com

Representative Seminars • “Construction 10-Minute Drill,” Wicker Smith Claims Seminar, Orlando, FL, June 2013 • “Product Liability and Construction Defects,” Wicker Smith Claims Seminar, Orlando, FL, June 2012 • “Illegal Alien or Undocumented Immigrant; Either way you Slice it, There are Damage Issues,” USLAW Spring Client Conference, Dana Point, April 2012

Education • 1988, J.D., Stetson University • 1984, B.S., Business Administration, University of Florida

® 22 Wicker Smith O’Hara McCoy & Ford, P.A. FLORIDA

Biography and Experience Raymond E. Watts, Jr., joined Wicker Smith in 1992 and is a partner in the Orlando office. For over 20 years, Mr. Watts has actively litigated in both the state and federal courts, representing clients in the defense of construction defects, medical malpractice, wrongful death, products liability, premises liability, automobile negligence, and complex litigation. Mr. Watts has tried to verdict and arbitrated more than two dozen long term care claims. In the construction litigation field, he has handled construction defect, defective material and personal injury/wrongful death claims. His experience includes representation of general contractors, material suppliers and most of the various subcontractor trades involved in commercial and residential construction. Wicker Smith O’Hara McCoy & Ford, P.A. is a member of the Associated General Contractors of America (AGC). Raymond E. Watts Wicker Smith O’Hara McCoy & Ford, P.A. 390 North Orange Avenue Suite 1000 Orlando, FL 32801 (407) 843-3939 Office Education (407) 649-8118 Fax • 1989, J.D., Mercer University, Mercer Law Review, 1987-1989 (407) 317-2166 Alternative • 1986, B.A., University of Florida [email protected] [email protected] www.wickersmith.com

® 23 Hall Booth Smith, P.C. GEORGIA

Biography and Experience Jim Fisher chairs the Hall Booth Smith Construction Practice Group. Whether the problem is litigation or claims involving construction design and defect, delay, change orders and extra work, systems engineering, contract compliance, insurance coverage and regulatory or grading, hydrology and erosion control, heavy equipment and personal injury or property damage, Mr. Fisher has been involved in the representation of developers, owners, general contractors, subcontractors, architects and engineers, construction managers, suppliers, transportation providers and haulers as well as insurance carriers in nearly every aspect of the construction industry for more than thirty years providing solutions and problem avoidance. Mr. Fisher has served as a Special Assistant Attorney General representing the State of Georgia Department of Transportation in connection with construction litigation. He has been called upon to represent numerous national insurance carriers to the construction industry in connection with complex claims, disputes and coverage litigation. He is also actively involved in industry and pro- James H. Fisher fessional organizations and is a member of the Construction Law Committee of the USLAW NETWORK of trial attorneys. Hall Booth Smith, P.C. Hall Booth Smith, P.C. is a member of the Associated General Contractors of America (AGC). 191 Peachtree Street, N.E. Suite 2900 Atlanta, GA 30303 (404) 954-5000 Office Construction Industry Group Membership (404) 954-5020 Fax (404) 272-9851 Cell • Defense Research Institute Construction Practice Group • Associated General Contractors of America (404) 814-9361 Home • ABA Construction Practice Group • USLAW NETWORK Construction Practice Group [email protected] www.hallboothsmith.com Representative Seminars • Contingent Business Interruption Construction Claims, Hamilton, Bermuda, September 2011 • Ensuing Loss, Construction Insurance, Hamilton, Bermuda, September 2011 • Catastrophic Events, Consequences and Ensuing Loss, London, England, June 2011 • Contingent Business Interruption and Construction Claims, London, England, June 2011

Representative Articles • Co Author – Georgia Construction Law Compendium

Education • 1976, J.D., Emory University College of Law • 1971, A.B., Political Science, Emory University

® 24 Hall Booth Smith, P.C. GEORGIA

Biography and Experience Mrs. Spitalnick provides advice and counsel to general contractors, subcontractors, owners, developers and design professionals in cases involving construction defects, construction accidents and construction contracts. Her practice is focused on the litigation of construction cases, including mediation, arbitration and trials in both state and federal courts throughout Georgia. Mrs. Spitalnick advises national insurance carriers and construction entities on matters of risk management, insurance coverage analysis, drafting and review of construction related agreements and documents, construction defects, performance and payment disputes/bonds, mechanics liens, OSHA compliance, insurance and regulatory or workplace and other catastrophic injury claims or damage to property. She has served as a Special Assistant Attorney General in litigation involving highway construction for the Georgia Department of Transportation. Hall Booth Smith, P.C. is a member of the Associated General Contractors of America (AGC). Denise W. Spitalnick Hall Booth Smith, P.C. 191 Peachtree Street, N.E. Suite 2900 Atlanta, GA 30303 (404) 954-6955 Office (678) 539-1560 Fax Construction Industry Group Membership (404) 422-6464 Cell dspitalnick@hallbooth • Associated General Contractors of America smith.com www.hallboothsmith.com

Representative Articles • Georgia Construction Compendium of Law, 2014 and 2015 • Hall Booth Smith Construction Blog

Education • 2002, Juris Doctorate, Loyola University, cum laude • 1998, BS, Political Science, University of Georgia

® 25 Goodsill Anderson Quinn & Stifel LLP HAWAII

Biography and Experience Lennes N. Omuro joined Goodsill Anderson Quinn & Stifel in 1990 and has been a partner in the firm since 1997. His primary area of practice is real estate related litigation including but not limited to development, construction, sales, premises liability and insurance. He also has experience in commercial litigation and professional malpractice including but not limited to the defense of design professionals, real estate agents, management companies and mortgage brokers. Beginning from the early 1990s, he has successfully handled numerous residential and commercial construction cases involving design and construction defects of residential and commercial structures, payment and performance issues, and such related issues as insurance, mold, drainage/flooding, rockfall, pest/termite, dust, toxic tort, violation of Americans With Disability Act (ADA), defective product, class actions, personal injury and wrongful death. He has extensive experience in advising and representing commercial and residential developers, design professionals, contractors and manufacturers/suppliers. Lennes N. Omuro Goodsill Anderson Quinn & Stifel LLP First Hawaiian Center Suite 1600 Construction Industry Group Membership 999 Bishop Street • DRI Construction Practice Group Honolulu, HI 96813 (808) 547-5791 Office (808) 547-5880 Fax [email protected] Representative Articles www.goodsill.com • “Removing a Case to Federal Court When Diversity Jurisdiction Exists,” Hawaii Bar Journal, November 2014 (with D. Hoftiezer and K. Suzuka) • “Hawaii Section,” DRI Construction Litigation Desk Reference, 2010 • “Landowner Liability to Persons Outside the Premises: Beware of Falling Rocks,” Hawaii Bar Journal, May 15, 2006 (with J. Young). • “Coming to Terms with Electronic Discovery,” Hawaii Bar Journal, February 1, 2006 (with L. Bail and A. Thompson-Smith) • “New Hawaii Construction Defect Claim Law,” February 2, 2005

Education • 1990, J.D., William S. Richardson School of Law • 1983, B.A., Economics, Stanford University, with distinction

® 26 Goodsill Anderson Quinn & Stifel LLP HAWAII

Biography and Experience Randy Whattoff is experienced in high-stakes business litigation. He has substantial experience in all phases of litigation and arbitration, including complex discovery matters, pre-trial motion practice, appellate issues, and settlement. Mr. Whattoff began his career as an associate at a prominent national law firm based in Los Angeles, where he focused on litigation for a number of notable entertainment clients. While in Los Angeles, Mr. Whattoff represented professional athletes in highly publicized contract disputes, individuals and entertainment companies in intellectual property disputes, and businesses in complex commercial litigation. In one notable case, Mr. Whattoff represented the estate of the musician Michael Jackson in litigation that determined control of Mr. Jackson’s estate. Other examples of Mr. Whattoff’s work include: • Complex Commercial Litigation: Mr. Whattoff has represented manufacturers and other businesses in contract disputes and fraud claims. Randall C. Whattoff • Real Estate Litigation: Mr. Whattoff has represented developers and individuals in litigation involving breach of contract Goodsill Anderson Quinn & claims, partnership disputes, and construction defects. Stifel LLP • Class Action Defense: Mr. Whattoff has represented businesses in large class actions, often involving Hawai‘i’s unfair and First Hawaiian Center deceptive trade practices laws. Suite 1600 • Government Procurement: Mr. Whattoff has represented a wide range of businesses in claims related to public procurement, including protests, claims, and appeals arising under government contracts. 999 Bishop Street • Intellectual Property Litigation: Mr. Whattoff has a broad range of experience litigating intellectual property disputes re- Honolulu, HI 96813 lated to trademark, copyright, Internet issues, and trade secrets. (808 ) 547-5870 Office Mr. Whattoff received his undergraduate degree from U.C. Berkeley, where he majored in sociology and minored in computer (808) 547-5880 Fax science. While at U.C. Berkeley, Mr. Whattoff worked for the California Attorney General’s Office on a number of statewide [email protected] cases. Mr. Whattoff attended Cornell Law School, where he was an editor of the Cornell Law Review and served as a Judicial www.goodsill.com Extern for the Honorable Joel August in Hawai‘i’s Second Circuit Court.

Education • 2006, J.D., Cornell Law School, cum laude • 2002, B.A., University of California at Berkeley

® 27 SmithAmundsen LLC ILLINOIS

Biography and Experience Dennis Cotter is a founding partner of SmithAmundsen, co-chair of the firm’s Construction Practice Group, and member of the firm’s Executive Committee. For over 25 years, he has represented clients as lead trial counsel in cases involving professional liability, commercial litigation, construction, product liability, municipal liability, breach of contract, real estate, insurance, extra-contractual issues, general liability, and more. He is an accomplished trial attorney and his cases routinely include the representation of business and commercial entities in matters involving multi-million dollar exposures. Dennis is also a frequent lecturer on a wide array of litigation-related legal topics and emerging legal trends. Dennis has served as Chair of the national USLAW Construction Practice Group (2007), and authored both the USLAW Illinois Construction Law Compendium and the DRI Illinois Construction Desk Reference (2009). In addition to an aggressive trial practice, Dennis is also a trained arbitrator for Illinois Mandatory Arbitration Programs, is Dennis J. Cotter trained as a Certified Mediator through Northern Illinois University, and has mediated cases in the 17th Judicial Circuit Major SmithAmundsen LLC Civil Mediation program and in Cook County, Illinois. Dennis was named to the Illinois Super Lawyers list for 2005-2015 and 150 North Michigan Avenue was listed in the Super Lawyers, Corporate Counsel Edition in 2009 for his work in construction and surety litigation. He received Suite 3300 an AV rating from Martindale-Hubbell for his legal ability and ethics, and was named a Leading Lawyer by the Law Bulletin Chicago, IL 60601 Publishing Company. SmithAmundsen LLC is a member of the Associated General Contractors of America (AGC). (312) 894-3229 Office (312) 997-1739 Fax (815) 985-5691 Cell [email protected] www.salawus.com Construction Industry Group Membership • Associated General Contractors of America • Highway Work Zone Safety • Northern Illinois Building Contractors’ Association • IDC (Construction Law Committee, Co-chair) • DRI Construction Law Committee • MAASTRO Reg AASHTO-AGC-ARTBA Joint Committee • Illinois Road and Transportation Builders Association

Representative Seminars • Co-presenter, “Use of Laser Scanning Technology in Litigation,” USLAW Spring Conference, April, 2014 • Speaker, 2014 NAHB International Builders’ Show, National Association of Home Builders, February, 2014 • Co-presenter, “Illinois Construction Law Update,” Illinois Chamber of Commerce Webinar, January, 2014 • Presenter, “Insurability of Indemnity Agreements,” Associated General Contractors of America (AGC) Annual Convention, March, 2013 • Presenter, “OSHA Best Practices: Emergency Response through Administrative Hearing,” Concrete Contractors Association of Greater Chicagoland, April, 2012 • “OSHA Emergency Response Through OSHRC Hearing,” SmithAmundsen, 2012 • “Litigation Management Best Practices in an iPad World,” USLAW Spring Conference, March, 2012 • “Construction Liability Training Seminar” – Illinois, WI, MO, IN for XL Insurance Construction Claims, SmithAmundsen, February, 2012

Education • J.D., DePaul University College of Law • B.B.A., Accounting, University of Notre Dame

® 28 SmithAmundsen LLC ILLINOIS

Biography and Experience Tim Epstein is a partner in SmithAmundsen’s Litigation Practice Group and Chair of the firm’s Sports Law Practice Group. Tim’s work spans across both litigation and transactional client needs across the United States and the greater international community, involving matters in construction, sports, events/festivals, product liability, commercial litigation, education, real estate, and insurance. Tim has the benefit of serving as lead trial counsel in his litigation practice, and as general counsel for numerous entities in his transactional work. Tim is an Adjunct Professor of Law at Loyola University Chicago School of Law, and regularly lectures and serves as a panelist for various industry and legal education events, including numerous presentations for DRI, and engagements at law schools including Duke, Northwestern, the University of Chicago, Boston College, Arizona State, Fordham, Ole Miss, and Tulane. Tim is an accomplished legal writer, published as an author and contributor in nationally respected law reviews, periodicals, Timothy Liam and bar association publications. Tim has earned the respect and trust of his fellow attorneys by being selected for numerous Epstein bar association leadership positions, has also served as a legal analyst for ABC, Fox and WGN. Tim is a member of the Sports & SmithAmundsen LLC Fitness Industry (SFIA) Legal Task Force. Tim serves on numerous education and not-for-profit boards including the Fetzer Institute, the Sports Law Institute, the 150 North Michigan Avenue Welles Remy Crowther Trust, and the Pat Tillman Foundation. Suite 3300 Tim is an “AV” rated attorney from Martindale-Hubbell, and an Illinois Super Lawyers® “Rising Star”. Chicago, IL 60601 SmithAmundsen LLC is a member of the Associated General Contractors of America (AGC). (312) 894-3227 Office (312) 997-1749 Fax [email protected] www.salawus.com Construction Industry Group Membership • Associated General Contractors of America • ABA •DRI • Liaison Chair and Teleconference Chair: Construction Law •IDC Committee, Young Lawyers Committee, DRI (2006-2008)

Representative Articles • Co-author, “Defending the Stimulus Project: Application of The Spearin Doctrine To Stimulus Package Funded Construction Projects,” The Critical Path, April 3, 2009 • Co-author, “Tips for Defending Against a Premises Liability Claim in Illinois Construction Cases,” The Critical Path, September 2007

Education • 2004, J.D., University of Illinois College of Law • 1999, B.A., History/Irish Studies, Boston College

® 29 SmithAmundsen LLC ILLINOIS

Biography and Experience Matthew is an attorney in SmithAmundsen’s Chicago office and is an integral member of the firm’s Commercial Litigation, Corporate, and Construction Practice Groups. He focuses on representing all parties in breach of contract, bonding, mechanics lien, and asset and business valuation litigation, and representing contractors, developers, owners, manufacturers, and general industry in construction defect, property damage, fire damage, personal injury, and OSHA-related litigation. In addition to his extensive litigation practice, he also serves as outside general counsel to companies of all sizes in the construction and general industry fields, providing legal and business advice on a wide variety of issues. Matthew is a proven advocate for his clients, and his practical and competitive nature has allowed him to achieve an un- paralleled level of success in the courtroom, as well as positive outcomes for his clients through settlement, mediation, arbitration, and dispositive motion. Additionally, his creative and thoughtful approach to business and legal issues, coupled with Matthew W. Horn his insurance, accounting, and construction background, allow him to serve as trusted and effective advisor to his general rep- SmithAmundsen LLC resentation clients. 150 North Michigan Avenue Matthew’s successes do not end in serving the litigation and general representation needs of his clients. He is an accom- Suite 3300 plished legal writer and speaker, and is involved in many different legal and construction-related associations, including the Chicago, IL 60601 Illinois Association of Defense Trial Counsel, the Defense Research Institute, the Underground Contractors Association, and the Illinois Road and Transportation Builders Association. (312) 894-3322 Office Matthew has been named to the 2014 and 2015 Illinois Super Lawyers® list of “Rising Stars.” (847) 404-9449 Cell SmithAmundsen LLC is a member of the Associated General Contractors of America (AGC). [email protected] www.salawus.com Construction Industry Group Membership • Illinois Association of Defense Trial Counsel • Illinois Road and Transportation Builders Association • Defense Research Institute • Associated General Contractors of America • Underground Contractors Association • Association of Subcontractors and Affiliates

Representative Seminars • Presenter, “Managing an OSHA Inspection from Opening to Closing,” Valley Industrial Association, December 11, 2014 • Presenter, “Dealing with the New OSHA,” Illinois Road and Transportation Builders Association, Webinar, November 19, 2014 • Co presenter, "OSHA’s Application to, and Intervention in, the Health Care Industry," Chicagoland Healthcare Risk Management Society, Webinar, September 17, 2014 • Presenter, "Keys to Successfully Preserving and Pursuing Mechanics Liens," Illinois Chamber of Commerce, Webinar, April 2, 2014 • Presenter, "2014 Illinois Construction Law Update," Associated Builders and Contractors, Webinar, March 21, 2014 • Co presenter, "Illinois Construction Law Update for 2014," Illinois Chamber of Commerce, Webinar, January 21, 2014 • Presenter, "Worksite Safety," Underground Contractors Association, May 24, 2012 • Presenter, “From Womb to Tomb and Back Again,” ISBA Construction Seminar, Chicago, IL, April 27, 2012 • Presenter, “OSHA Best Practices: Emergency Response Through Administrative Hearing,” SmithAmundsen Seminar & Webinar, February 15, 2012 • Presenter, “Construction Liability,” XL Insurance Training Seminar, February 9, 2012 • Presenter, "OSHA Best Practices," Illinois Chamber of Commerce, Webinar, May 14, 2013

Representative Articles • Author, "OSHA Expands Injury Reporting Requirements," SmithAmundsen OSHA Legal Update, September 25, 2014 • Author, Construction Law Updates, SmithAmundsen Construction Alert, July 24, 2014 • Author, "Illinois Legislation Proposes Removal of Tort Immunity Exception for Outside Safety Consultants," SmithAmundsen Construction Alert, March 28, 2014 • Author, "Illinois Appellate Court FInds that Lack of Sworn Statement Defeats General Contractor's Mechanics Lien Claim," SmithAmundsen Construction Alert, March 13, 2014 • Author, "Illinois House Bill Proposes Only Allowing Mechanics Liens When There is a Written and Executed Contract," SmithAmundsen Construction Alert, February 19, 2014 • Author, “Opinion Holds Municipalities and other Public Entities may Ultimately be Liable to Contractors for Unpaid Work in Constructing Public Improvements,” SmithAmundsen Construction Law Alert, February 22, 2013 • Author, “Illinois Governor Signs Law Affecting Priority of Mechanics Lien Claims on Distressed Projects,” SmithAmundsen Construction Law Alert, February 13, 2013 • Author, "Type A Soils, a Thing of the Past," Optimum Safety, December 14, 2012 • Author, "Managing the Risk: A Report of the September 20, 2007 IDC/SOICA Construction Insurance Symposium,” IDC Quarterly, 2007

Education • 2007, J.D., The John Marshall Law School • 2004, B.A., Accounting, University of Illinois

® 30 Bingham Greenebaum Doll LLP INDIANA

Biography and Experience Grant Clapacs is a senior member of Bingham Greenebaum Doll’s Construction Team. Grant works with owners, contractors and suppliers to help them achieve their business objectives, whether by advising them on contract negotiations or by representing them in litigation or arbitration. Grant has served as the Chair of the Indiana State Bar Association Construction and Surety Law Section. A graduate of Cornell University and the Duke University School of Law, Grant is a frequent seminar presenter on construction and real estate topics. He is active in several community organizations. Bingham Greenebaum Doll LLP is a member of the Associated General Contractors of America (AGC) through the ICA – Indiana Contractor’s Association.

Grantland M. Clapacs Bingham Greenebaum Construction Industry Group Membership Doll LLP • ABA Construction Forum, Member • Indiana State Bar Association, Construction & Surety Law 2700 Market Tower • Associated General Contractors, Member Section, Immediate Past Chair 10 West Market Street Indianapolis, IN 46204 (317) 968-5366 Office (317) 236-9907 Fax (317) 250-7939 Cell Representative Seminars [email protected] • “Procurement and Purchasing,” ILTAP Conference, March, 2012 www.bgdlegal.com • “Contract Drafting,” ICLEF seminar chair, March, 2007 • “Mold and Construction Defects,” Builders Association of Greater Indianapolis, Spring 2005 • “Joint and Several Liability Issues at Trial: Examples from the Water Intrusion Case,” ABA Litigation Section, December, 2004 • “Public Bidding Issues,” ILTAP Conference, November, 2004 • “Residential Construction Law,” ICLEF, May, 2004 • Associated General Contractors of Indiana, Annual Educator’s Conference Annual Meeting, Presenter, September, 2003

Representative Articles • “Who’s on First: Priority Issues Between Mortgages and Mechanic’s Liens,” Res Gestae (Indiana State Bar Association Journal), July/August, 2009 • “When in Nome...Custom, Culture and the Objective Standard in Alaskan Adverse Possession Law,” Alaska Law Review, December 1994 (11 Alaska Law Review 301)

Education • 1995, J.D., Duke University School of Law • 1992, B.A., Government, Cornell University, with high distinction

® 31 Bingham Greenebaum Doll LLP INDIANA

Biography and Experience Donald J. Graham’s practice areas include construction law and insurance regulation/insolvency. He represents owners and contractors in all facets of construction, including analysis of alternative delivery systems, contract drafting and other services required at the inception of a project, as well as evaluation of and the pursuit or defense of claims and disputes arising out of construction projects. Among his most notable projects are: Lucas Oil Stadium; Conseco Fieldhouse and affiliated projects; expansion to the Indiana Convention Center; Thomson Consumer Electronics North American Headquarters, and Indianapolis Indians’ Victory Field. Mr. Graham also provides legal services relative to administrative, regulatory and legal proceedings in the field of insurance, primarily focusing on insurance company acquisitions, holding company transactions and rehabilita- tion/liquidation proceedings. Mr. Graham received his law degree from Indiana University, summa cum laude, in 1980 and his undergraduate degree from Purdue University, with distinction, in 1977. He received admittance to the Indiana Bar in 1980. Donald J. Graham Bingham Greenebaum Doll LLP is a member of the Associated General Contractors of America (AGC) through the ICA – Bingham Greenebaum Indiana Contractor’s Association. Doll LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 Education (317) 968-5376 Office (317) 236-9907 Fax • 1980, J.D., Indiana University School of Law, summa cum laude [email protected] • 1977, B.S., Business, Purdue University, with distinction www.bgdlegal.com

® 32 Bingham Greenebaum Doll LLP INDIANA

Biography and Experience Gerard Gregerson concentrates on the representation of contractors, design professionals and owners in construction contracts and disputes. Mr. Gregerson has over 20 years of experience in handling construction law related matters. Bingham Greenebaum Doll’s Construction Industry team can handle construction projects from inception to completion, including design, development , contract negotiation, litigation, OSHA and related services. A frequent author and presenter, Mr. Gregerson makes time to be involved with a variety of business and youth-related initiatives in the community of Zionsville (IN). Bingham Greenebaum Doll LLP is a member of the Associated General Contractors of America (AGC) through the ICA – Indiana Contractor’s Association.

Gerard L. Gregerson Bingham Greenebaum Doll LLP Construction Industry Group Membership 2700 Market Tower • American Bar Association Forum on the Construction • ICA – Indiana Contractor’s Association 10 West Market Street Industry • US LEED Council Indianapolis, IN 46204 • Indiana Bar Association Construction Section (317) 968-5380 Office (317) 236-9907 Fax (317) 507-1681 Cell [email protected] Representative Articles www.bgdlegal.com • “Indiana Chapter of Insurance and Tort Law Desk Reference” to be published by Lawyers Cooperative Publishing Co., Co- Author • “Preferential Transfers,” and “Fraudulent Transfers” Bankruptcy Litigation Skills in Indiana, National Business Institute, Inc., August 1992, Co-Author Thomas C. Scherer

Education • 1989, J.D., Indiana University School of Law, cum laude • 1985, B.A., Indiana University

® 33 Simmons Perrine Moyer Bergman PLC IOWA

Biography and Experience Roger Stone joined Simmons Perrine Moyer Bergman PLC in 1981 where he began litigating construction cases. He has since led the firm’s efforts to build a strong reputation in the industry. Mr. Stone is the first Iowan elected to the American College of Construction Lawyers, has been named Best Lawyers Lawyer of the year for Construction and Construction Litigation in Cedar Rapids, Iowa, he was included in Chambers USA for Litigation General Commercial, and he was named to the Top 10 Attorneys by Super Lawyers. Mr. Stone has handled hundreds of matters for all types of construction clients for over thirty years and is on the AAA’s National Registry of Construction Arbitrators. Mr. Stone serves as Managing Partner of the firm and Chair of its Board of Directors. Simmons Perrine Moyer Bergman PLC. is a member of the Associated General Contractors of America (AGC). Roger W. Stone Simmons Perrine Moyer Bergman PLC 115 Third Street SE Construction Industry Group Membership Suite 1200 • American College of Construction Lawyers • AIA Iowa Cedar Rapids, IA 52401 • National Registry of Construction Arbitrators, American • Master Builders of Iowa (MBI) (319) 896-4052 Office Arbitration Association • Associated General Contractors of Iowa (AGC) (319) 366-1917 Fax rstone@simmons perrine.com www.simmonsperrine.com Representative Seminars • Indemnity Law for Architects and Engineers, 2010 • Legalities of the Construction Industry, 2010 • Iowa Construction Law, Termination, and Contract Provisions, 2009 • Labor and Materials on Public Improvements Iowa Code Ch. 573, 2009 • Risk Management Seminar for Architects and Engineers, 2008 • 2008 Architects Liability under Iowa Construction Law, 2008 • 2007 Revisions to AIA Contract Documents, 2008 • Risk Management Seminar Preventing Losses, 2008

Representative Articles • Co-Author – “Indemnity in Iowa Construction Law,” 54 Drake Law Review 125, 2005 • Author – “Construction Damages in Iowa,” 52 Drake Law Review 101, 2004 • Author – “Architects and Engineers Liability under Iowa Construction Law”, 50 Drake Law Review 33, 2001 • Author – “Mechanic’s Liens in Iowa-Revised,” 49 Drake Law Review 1, 2000 • Author – “Mechanics Liens in Iowa,” 30 Drake Law Review 39, 1980

Education • 1980, J.D., University of Iowa College of Law, with highest distinction • 1977, M.A., Political Science, Columbia University • 1975, B.A., University of Iowa, with highest distinction

® 34 Simmons Perrine Moyer Bergman PLC IOWA

Biography and Experience Mark A. Roberts is a member of Simmons Perrine Moyer Bergman PLC located in Cedar Rapids, Iowa. He has litigated several million dollars’ worth of construction-related claims through jury trials, injunction proceedings, bench trials, arbitrations and mediations. His practice has included a wide variety of construction claims on behalf of design professionals, general contractors, subcontractors, suppliers, corporate and institutional owners as well as individuals. This practice has included claims from virtually every facet of the construction industry. Mr. Roberts is an arbitrator approved by the American Arbitration Association for construction matters. He is a member of the Firm’s board of directors. Mr. Roberts is representing design professionals regarding alleged faulty construction of municipal swimming pools and an international construction firm regarding the construction of an ethanol plant. Mark wrote a successful trial and appellate ar- gument regarding Iowa’s statute on deeds in lieu of foreclosure and he successfully defended a roofing contractor in federal court Mark A. Roberts on $1.6 million dollar construction defect claim. He is obtaining summary judgment for an engineering firm accused of fail- Simmons Perrine Moyer ure to appropriately design a subdivision. Bergman PLC Simmons Perrine Moyer Bergman PLC. is a member of the Associated General Contractors of America (AGC). 115 Third Street SE Suite 1200 Cedar Rapids, IA 52401 (319) 896-4001 Office Construction Industry Group Membership (319) 366-1917 Fax mroberts@simmons • Master Builders of Iowa (MBI) • Associated General Contractors of Iowa (AGC) perrine.com www.simmonsperrine.com Education • 1993, J.D., University of Nebraska College of Law, with high distinction • 1989, B.A., Iowa State University

® 35 Simmons Perrine Moyer Bergman PLC IOWA

Biography and Experience Philip Burian is a member of Simmons Perrine Moyer Bergman PLC located in Cedar Rapids, Iowa. He brings a range of experience in multiple areas of law to his advice and advocacy in complex matters. Mr. Burian represents engineers, architects, contractors, subcontractors, suppliers and owners in construction and design disputes on public and private construction projects. His experience ranges from allocation of responsibilities in the initial contracting phase to resolution and litigation of matters that arise well after final acceptance of the project. Mr. Burian is a veteran of the first Persian Gulf War. Simmons Perrine Moyer Bergman PLC. is a member of the Associated General Contractors of America (AGC).

Philip A. Burian Simmons Perrine Moyer Construction Industry Group Membership Bergman PLC • Master Builders of Iowa (MBI) • Associated General Contractors of Iowa (AGC) 115 Third Street SE Suite 1200 Cedar Rapids, IA 52401 (319) 896-4090 Office (319) 366-1917 Fax Education pburian@simmons • 1996, J.D., University of Iowa College of Law, with high distinction perrine.com • 1993, B.A., History Coe College www.simmonsperrine.com • 1989, A.A., Kirkwood Community College

® 36 Dysart Taylor Cotter McMonigle & Montemore, PC KANSAS | WESTERN MISSOURI

Biography and Experience Lee has over 30 years of experience representing owners, general contractors, subcontractors, suppliers, and design professionals on all aspects of public, commercial, and residential construction projects. Over 60% of his practice is devoted to construction litigation and disputes along with construction contract issues. The remainder of his practice is primarly devoted to defense of various property and casualty insureds from personal injury and property damage claims and as coverage counsel. Lee currently serves as the general counsel for the Kansas City Chapter of American Subcontractors Association and is an active presenter and author. Lee shares experiences and lessons learned as a construction attorney on his blog, Mo-Kan Construction Law. He has been listed as a Missouri & Kansas Super Lawyer and has an AV® Preeminent™ rating by Martindale-Hubbell. The firm is a member of The Builder’s Association which is the sponsoring entity for the Kansas City Chapter of the AGC. Lee B. Brumitt Dysart Taylor Cotter McMonigle & Montemore, PC 4420 Madison Avenue Suite 200 Kansas City, MO 64111 Construction Industry Group Membership (816) 714-3027 Office • American Subcontractors Association – Kansas City • Kansas Bar Association (Construction Law Section) (816) 931-7377 Fax Chapter, Board Attorney • Kansas City Metropolitan Bar Association (Construction (816) 797-5533 Cell • The Builder’s Association Law Committee) [email protected] www.dysarttaylor.com

Representative Seminars • “Dispute Resolution Provisions,” Kansas City American Subcontractor’s Association (KCASA), February 2015 • “The Ground Rules of Mechanic’s Liens,” Kansas City American Subcontractor’s Association (KCASA), January 2015 • “Unlocking Retainage,” The Builder’s Association Estimating Academy, October 2014 • “Lien Waivers: The Good, the Bad and the Ugly,” The Builder’s Association 2014 Estimating & Management Academies, February and May 2014 • “Managing Delay on Construction Projects,” KCASA, April 2014 • “The Basics of Bond Claims,” KCASA, February 2014 • “Prevailing Wage 101,” KCASA, September, 2013 • “Keeping Collections Affordable,” KCASA, May 2012 • “Disciplinary Actions Against Professional Engineers & Architects” December 2005

Representative Articles • See articles on Mo-Kan Construction Law at www.mokanconstructionlaw.wordpress.com • “Mechanic’s Lien Rights,” The Contractor’s Compass, September 2013 • “Kansas Passes Retainage Reform Legislation,” The Addendum, September 2010 • “Missouri Enacts Changes to Mechanic’s Lien Law Construction,” The Addendum, August 2010 • “Kansas Legislature Closes ‘Additional Insured’ Loophole,” Kansas Bar Journal (Construction Law Section), June 2009 • “Residential Construction Defects,” The Addendum, November 2006 • “Missouri Addresses Payment of Retainage,” The Addendum, March 2004 • “A Narrow Victory for Subcontractors,” The Addendum, July 2001

Education • 1983, J.D., Drake University Law School • 1981, B.S., Central Methodist College

® 37 Bingham Greenebaum Doll LLP KENTUCKY

Biography and Experience Steve Brehm is a member in the Litigation Practice Group in the Louisville office. Steve focuses on business, commercial and construction litigation and arbitration. Steve’s clients include owners, general contractors, subcontractors and design professionals. He has also litigated cases involving breach of contract litigation, construction litigation and arbitration, covenant not to compete and trade secret litigation, estate litigation and securities litigation and arbitration. Steve is admitted to practice in Kentucky as well as the Eastern and Western Districts of Kentucky and the Southern District of Indiana. Bingham Greenebaum Doll LLP is a member of the Associated General Contractors of America (AGC).

Steven A. Brehm Bingham Greenebaum Construction Industry Group Membership Doll LLP • Associated Builders and Contractors of Kentuckiana • Kentucky Bar Association Construction Section 3500 National City Tower • American Bar Association Construction Practice Group 101 South Fifth Street Louisville, KY 40202 (502) 587-3686 Office (502) 588-1311 Fax (502) 386-6942 Cell Representative Seminars (502) 292-0179 Home • “Using a Mechanics’ Lien To Get Your Money” [email protected] • “Understanding the Basics of Mechanics’ Lien Law” www.bgdlegal.com • “Managing Construction Projects – Handling Project Delays, Disruptions and Changes” • “Managing Construction Projects – Reducing Project Risks” • “Fundamentals of Real Estate Law”

Representative Articles • “Kentucky Fairness in Construction Act Overview and Summary” • “Kentucky Civil Practice & Trial,” June Chapter, 2008 • “Does EEOC v. Frank’s Nursery & Crafts, Inc. Create An End Run Around Arbitration Agreements?: Whether An Employee’s Binding Arbitration Agreement Precludes the EEOC from Seeking Back Pay and Damages on Behalf of the Employee,” 39 Brandeis Law Journal 693

Education • 2001, J.D., University of Louisville, Louis D. Brandeis School of Law, magna cum laude • 1993, B.A., University of Kansas

® 38 Bingham Greenebaum Doll LLP KENTUCKY

Biography and Experience Mark Grundy has significantly concentrated his practice in construction law for 24 years, representing owners, general contractors, subcontractors, and suppliers. Chambers USA: America’s Leading Lawyers for Business has commented that, “Mark Grundy wins high accolades from peers for his strategic, large perspective on cases and his excellent understanding of the technical aspects of construction matters. He is well prepared and extremely professional.” In addition, Kentucky Super Lawyers has recognized Mark as a leading lawyer in the field of construction litigation, and Louisville Magazine has honored Mark as one of the “Top Lawyers” in the field. Peers rank Mark as a Band 1 construction attorney, Chambers USA. Bingham Greenebaum Doll LLP is a member of the Associated General Contractors of America (AGC).

J. Mark Grundy Bingham Greenebaum Doll LLP Construction Industry Group Membership 3500 National City Tower • Builder’s Exchange • ABA Construction Practice Group 101 South Fifth Street • Associated General Contractors • Kentucky Bar Association Construction Section Louisville, KY 40202 • DRI Construction Practice Group (502) 587-3628 Office (502) 540-2197 Fax (502) 905-1158 Cell [email protected] www.bgdlegal.com Representative Seminars • “Guaranty Agreements,” National Business Institute, 2012 • “The Art of the Settlement,” Louisville Bar Association, 2009 • “How to Plan and Manage a Successful Construction Project,” National Business Institute, 2008 • “The Seven Deadly Sins of Construction Lending,” Kentuckiana Banking Association, 2007 • “What Every Corporate Counsel Should Know About Litigation,” Kentucky Bar Association, 2006 • “Impact of Federal Legislation,” KET Television, 2005

Representative Articles • Compendium of Kentucky Construction Law, USLAW NETWORK Construction Compendium of Law, 2008-2012 • Kentucky Construction Law, Defense Research Institute, 2009-2012 • Construction and Materialman’s Liens in Kentucky, Builders Exchange, 2012 • Recovery of Damages for Breach of Construction Contract, Builders Exchange, 2012 • Significant Changes To AIA Construction Contracts, GDM Newsletter, 2011 • Dynamics In Construction Industry, GDM Newsletter, 2010 • Assisting Clients In Commercial Construction, Aspatore Books, 2009 • Construction Project Management, National Business Institute, 2008

Education • 1988, J.D., University of Louisville • 1981, B.A., University of Louisville

® 39 McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC LOUISIANA

Biography and Experience Peter J. Wanek is head of the construction practice group for McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC in its New Orleans office. His practice focuses on construction industry and commercial litigation and arbitration, including delay and interference claims, defense of manufacturers of construction industry products, general contract litigation, construction defects, and professional liability litigation in the defense of architects and engineers. He is a member of DRI, the Louisiana Association of Defense Counsel, The Associated General Contractors of America (AGC), and a member of the Board of Directors for the Louisiana chapter of the Federal Bar Association. Mr. Wanek is also AV rated by Martindale-Hubbell. McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC is a member of the Associated General Contractors of America (AGC). Peter J. Wanek McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch LLC Construction Industry Group Membership 3445 N. Causeway Blvd. • DRI Construction Practice Group • Co-Chair, Construction Practice Group, USLAW NETWORK Suite 800 • Member, Associated General Contractors (AGC) Client Conference, Charleston, SC, Spring 2009 Metairie, LA 70002 (504) 846-8406 Office (800) 977-8810 Fax (504) 606-5515 Cell Representative Seminars [email protected] www.mcsalaw.com • Co-Chair, Construction Practice Group, USLAW NETWORK Spring Conference, Charleston, SC, March, 2009 • Guest speaker, AGC New Orleans Chapter, Quarterly Meetings, 2009-10 • Guest speaker, Jefferson Parish and St. Tammany Parish Home Builders Association

Education • 1994, J.D., Tulane University School of Law • 1990, B.A., Washington & Lee University

® 40 Richardson, Whitman, Large & Badger MAINE

Biography and Experience Thomas R. McKeon is a shareholder with Richardson, Whitman, Large and Badger in the Portland, Maine office. Construction claims constitute over half of his practice. He has represented general contractors, subcontractors, owners and insurance carriers in a wide variety of construction claims. His work has included everything from home defects to multimillion, multiparty claims arising from large commercial projects. In addition to construction defect claims, he has represented contractors and material suppliers in mechanic’s lien claims and collection matters. He also has been increasingly asked to serve as a mediator almost exclusively in construction claims where he employs a strong working knowledge of the needs of contractors, owners and insurance carriers to resolve claims. He is a Member of the Maine Bar and has been admitted to all Federal Courts in Maine.

Thomas R. McKeon Richardson, Whitman, Large & Badger Construction Industry Group Membership 465 Congress Street • DRI Construction Practice Group • Maine President, Tri State Defense Lawyers Association P.O. Box 9545 Portland, ME 04105 (207) 774-7474 Office (207) 774-1343 Fax Representative Seminars (207) 415-7945 Cell [email protected] • “Handling Construction Defect Claims,” Maine State Bar Association, January 21, 2010 www.rwlb.com

Representative Articles • Maine Compendium of Law, USLAW National Compendium of Law

Education • 1992, J.D., Boston College • 1987, M.A., Social Studies Education, Columbia University • 1982, B.A., American Studies, Colby College

® 41 Franklin & Prokopik, PC MARYLAND

Biography and Experience Ami C. Dwyer is a partner with Franklin & Prokopik in their Baltimore office. She concentrates her practice on construction law, general liability claims, and contract drafting, negotiation and claims. She has represented developers, general contractors, subcontractors, architects, engineers and material and equipment suppliers in residential and commercial claims. Her experience ranges from state and federal court litigation to arbitration, mediation, multi-district litigation and class action. Ms. Dwyer is a member of the Maryland State Bar, the District Court for the District of Maryland, and the Fourth Circuit. She currently serves on the Board of Directors for the USLAW NETWORK. Franklin & Prokopik, PC is a member of the Associated General Contractors of America (AGC).

Ami C. Dwyer Franklin & Prokopik, PC 2 North Charles Street Construction Industry Group Membership Suite 600 • DRI Construction Law Committee • Member, Council on Litigation Management Baltimore, MD 21201 • USLAW NETWORK Construction Practice Group, past chair • Maryland State Bar Association Construction Committee (410) 230-3635 Office • Member, AGC (Franklin & Prokopik) (410) 752-8700 Fax (443) 286-6880 Cell (443) 519-5965 Home (410) 752-8700 Alternative Representative Seminars [email protected] www.fandpnet.com • “BIM Contract Negotiation and Risk Allocation,” Co-Instructor, sponsored by AGC, September 2011 • “A Girl’s Guide to Contracts,” USLAW NETWORK Women’s Conference, May 2011 • “How to Avoid Getting Thrown Under the Bus: Current Trends in Construction and Insurance,” Moderator, Panelist, November 2010 • “My Drywall is From Where? The Current State of Chinese Drywall Litigation,” Moderator, USLAW NETWORK, April 2010 • “Managing Construction Projects,” Lorman, January 2009 • “Managing the 500 lb Gorilla – Risk Management Strategies for Negotiating Contracts,” Panelist, USLAW NETWORK, Spring 2008 • “Managing Complex Construction Law Issues,” NBI, February 2007 • “Managing Construction Projects In Maryland,” Lorman, January 2006

Representative Articles • DRI’s Construction Litigation Desk Reference: A State-by-State Compendium, 2010 (Maryland section)

Education • 1995, J.D., University of Baltimore • 1992, B.A., Loyola University Maryland

® 42 Larson • King, LLP MINNESOTA

Biography and Experience Caryn Boisen has represented clients since 1997 in a wide variety of matters, including contract drafting and negotiation, administrative and governmental proceedings, and complex civil litigated disputes venued throughout the United States. Caryn has represented clients in diverse industries, including construction, insurance, healthcare, pharmaceuticals, agriculture, manufacturing, media and broadcasting, and financial services. In the construction area, Caryn has represented contractors, subcontractors, material suppliers, owners, and design professionals in matters involving both residential and commercial projects. She has extensive experience in mechanics’ liens, bond claims, construction contracts, construction defects, jobsite accidents, OSHA, and arbitration. Caryn also has represented major property and liability insurers on a broad range of matters, including construction, environmental, and claim handling issues. Caryn grew up in the Twin Cities area. She obtained her undergraduate degree from the University of St. Thomas in St. Paul Caryn A. Boisen in 1994, and her law degree from Hamline University School of Law in St. Paul in 1997. Prior to joining Larson • King, Caryn Larson • King, LLP worked for a large Washington, D.C. law firm. 2800 Wells Fargo Place 30 East Seventh Street St. Paul, MN 55101 (651) 312-6500 Office (651) 312-6618 Fax Construction Industry Group Membership (612) 325-5931 Cell • Association of Women Contractors of Minnesota • American Arbitration Association’s National Construction [email protected] • Women Construction Owners and Executives on Dispute Resolution Committee www.larsonking.com

Representative Seminars • Presenter, “Top Ten Contract Clauses For You To Know And Understand,” Association of Women Contractors Fall Workshop, Legalese for Construction, October 2013 • Presenter, “Contractual Indemnity Clauses,” Minnesota Continuing Legal Education Seminar, Negotiating, Drafting & Handling Contracts in Minnesota, January 2013 • Presenter, “Out Of The Trenches And Into The Courtroom: A Legal And Practical Discussion Of The False Claims Act,” Women Construction Owners and Executives Mid-Year Meeting and Conference, May 2012 • "Making the Most of the Discovery Process," Hennepin County Bar Association Continuing Legal Education Seminar, September 2011 • "Managing a Crisis and its Aftermath," Minnesota State Bar Association, Corporate Counsel Section, March 2011 • “Mediation Basics,” University of Minnesota, November 2010 • “Indemnity and Insurance,” Ramsey County Bar Association Continuing Legal Education Seminar, October 2008 • “The Art of Drafting ADR Clauses,” American Arbitration Association Construction Conference, ADR Works: Choosing the Right Resolution Options, Chicago, November 2008 and New York, May 2008

Representative Articles • Co-Author, “Property Insurance: Additional Insured Issues,” Exploring Property Insurance and Construction Law Issues, DRI, 2010 • “The Immigration Reform and Control Act: New Forms, Rules, and Requirements,” Turning Point, Women Construction Owners and Executives, November, 2007 • “What the Judge and Jury Don’t Know Can Hurt You: How Proposed Changes to the AIA Forms May Affect Construction Industry Disputes,” Of Counsel, November, 2007

Education • 1997, J.D., Hamline University School of Law, magna cum laude • 1994, University of St. Thomas, magna cum laude

® 43 Larson • King, LLP MINNESOTA

Biography and Experience Stephen P. Laitinen, Esq., a partner with Larson • King, concentrates his civil practice on the representation of clients involved in complex commercial, professional liability, construction defect, and product liability disputes. For over 20 years, Mr. Laitinen has handled a wide variety of construction litigation matters involving property damage and bodily injury in Minnesota, representing developers, general contractors, sub-contractors, and design professionals, for both residential and commercial properties. Mr. Laitinen also regularly handles insurance coverage cases in this area. He has tried cases to verdict in state, federal and administrative courts, and has litigated in state and federal courts throughout the country. Steve is a qualified ADR-Rule 114 neutral as a mediator and an arbitrator. He also regularly serves as an umpire or as a panel member for construction appraisal disputes. Stephen P. Laitinen Larson • King, LLP 2800 Wells Fargo Place 30 East Seventh Street Construction Industry Group Membership St. Paul, MN 55101 • DRI Construction Practice Group • Associated General Contractors (651) 312-6500 Office (651) 312-6618 Fax (651) 336-8010 Cell (651) 312-6517 Alternative [email protected] Representative Seminars www.larsonking.com • “Indemnification Provisions in Construction Contracts,” National Business Institute Seminar, March 20, 2014 • “Advanced Construction Defect Litigation,” National Business Institute Seminar, May 23, 2013 • “Insurance-Related Clauses in Contracts Between Owners, Contractors and Subcontractors: Construction Insurance & Disputes,” National Business Institute Seminar, June 9, 2011 • “Mediation and Settlement of Coverage Disputes: Construction Insurance & Disputes,” National Business Institute Seminar, June 9, 2011 • “Managing Expectations: Clients, Opposing Counsel, Neutrals,” Minnesota Defense Lawyers Association Trial Techniques Seminar, August 2009 • “Prevention: How Experts Can Best Insulate Themselves From Cross-Examination,” SEAK 18th Annual National Expert Witness Conference, Hyannis, Massachusetts, June 2009

Representative Articles • “Social Media: A New ‘Must Use’ Tool in Litigation?,” by Stephen P. Laitinen and Hilary J. Loynes, For The Defense, August 2010 • “Destroying the Opposing Expert’s Credibility,” by Stephen P. Laitinen and David Classen, For The Defense, September 2007

Education • 1993, J.D., Drake University • 1985, B.S., University of Wisconsin-La Crosse

® 44 Carr Allison MISSISSIPPI

Biography and Experience Douglas Bagwell’s 29-year practice has been focused primarily at the trial level in the defense of civil litigation for insurers, insureds, and self-insured corporations in a variety of litigation, including but not limited to issues involving bad faith, construction, fraud/misrepresentation, premises liability, products liability, professional liability, automobile accidents, trucking litigation accidents, state workers’ compensation and longshore litigation. Currently, he is panel counsel in for a number of major insurance companies. Mr. Bagwell also does statewide defense work, including workers’ compensation, for a major trucking company and dialysis health company. Mr. Bagwell is also a Fellow in the ABA College of Workers’ Compensation Lawyers. Mr. Bagwell has an AV rating with Martindale-Hubbell. Although Mr. Bagwell handles virtually all types of litigation, approximately 20-25% of his practice is construction related. He has handled numerous cases involving construction and design defects and personal injury. Over the years he has handled Douglas Bagwell litigation involving construction and design of bridges, parking garages, condominiums, college dormitories, commercial and Carr Allison residential buildings, representing various contractors, sub-contractors, and engineers. He is the primary contact for the 14231 Seaway Road Gulfport, Mississippi, office of Carr Allison. He is admitted to practice in all state courts in Mississippi; United States District Building 2000, Suite 2001 Courts for Northern and Southern Districts of Mississippi; and United States Court of Appeals for the Fifth Circuit. Gulfport, MS 39503 Carr Allison is a member of the Associated General Contractors of America (AGC). (228) 864-1060 Office (228) 864-9160 Fax (228) 326-1049 Cell (228) 896-8369 Home [email protected] Representative Seminars www.carrallison.com • Mr. Bagwell has participated in several client in-house seminars and lunch-and-learn events sponsored by Carr Allison law firm.

Education • 1986, J.D., University of Mississippi • 1977, B.A., History and Anthropology, University of Southern Mississippi, highest honors • 1972-1974, Millsaps College

® 45 Lashly & Baer, PC MISSOURI

Biography and Experience Stephen L. Beimdiek has over 29 years of experience as a practicing attorney, with a wide variety of litigation matters, including construction litigation comprising a large percentage of his practice. Mr. Beimdiek has tried over 50 cases to verdict in a number of different jurisdictions, and has successfully disposed of numerous other cases by dispositive motion. Mr. Beimdiek’s experience in construction matters includes representing property owners, general contractors, sub-contractors, manufacturers of building products, architects, suppliers, distributors, developers and homeowners. Mr. Beimdiek’s experience includes cases involving contract disputes, defective designs, defective conditions, latent defects, cost overruns, change order disputes, lien disputes, and defective products.

Stephen L. Beimdiek Lashly & Baer, PC 714 Locust Street Education St. Louis, MO 63101 • 1985, J. D., St. Louis University School of Law (314) 436-8303 Office • 1981, B.A., Political Science, Tulane University (314) 621-6844 Fax (314) 753-8086 Cell (314) 367-7378 Home [email protected] www.lashlybaer.com

® 46 Davis, Hatley, Haffeman & Tighe, P.C. MONTANA

Biography and Experience James A. Donahue represents both plaintiffs and defendants in all facets of construction related matters. His practice includes residential and commercial construction defect, construction site accident, subdivision development, construction engineering negligence, lien and lien foreclosure, insurance coverage, real estate sale dispute, property inspection, mold, realtor breach of contract, and landlord/tenant claims. He has represented general contractors, subcontractors, material suppliers, homeowners, home inspectors, subdivision developers, engineers, realtors, landlords, and tenants. Mr. Donahue is well experienced in all aspects of litigation, including discovery, arbitration, mediation, and trial having spent the last eighteen years of his career as a litigation attorney.

James A. Donahue Davis, Hatley, Haffeman & Tighe, P.C. Construction Industry Group Membership The Milwaukee Station • USLAW Construction Practice Group Third Floor 101 River Drive North Great Falls, MT 59401 (406) 761-5243 Office (406) 761-4126 Fax Education (406) 899-1000 Cell • 1993, J.D., University of Minnesota [email protected] • 1987, B.S., Electrical Engineering, Stanford University www.dhhtlaw.com

® 47 Baird Holm LLP NEBRASKA

Biography and Experience As a commercial litigator and a fellow of the American College of Trial Lawyers, Bill has been continuously involved in construction litigation matters during 35 years of practice. Mr. Dittrick has handled construction litigation matters, including contract disputes and personal injury matters as a mediator and as an advocate in civil litigation, mediation, and arbitration.

Education William G. Dittrick • 1974, J.D., University of Nebraska College of Law, Executive Editor, Nebraska Law Review Baird Holm LLP • 1969, B.A., Business Administration, University of Nebraska 1500 Woodmen Tower 1700 Farnam Street Omaha, NE 68102 (402) 636-8205 Office (402) 344-0588 Fax (402) 250-9710 Cell [email protected] www.bairdholm.com

® 48 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA

Biography and Experience Christopher J. Curtis, a shareholder in the Las Vegas office, is the head of the firm’s dedicated construction law unit. Since joining Thorndal Armstrong in 1996, Mr. Curtis has represented developers, general contractors, subcontractors and design professionals in all aspects of construction litigation, including property damage and bodily injury. Mr. Curtis has had experience in construction defect insurance coverage matters as well, in both residential and commercial settings. Mr. Curtis has been involved in the trial of multiple cases in Clark County, and is a member of the Associated General Contractors of America local branch. The firm is a member of the Associated General Contractors of America.

Christopher J. Curtis Thorndal Armstrong Delk Balkenbush & Eisinger Construction Industry Group Membership 1100 East Bridger Avenue • DRI Construction Practice Group • Southern Nevada Chapter Associated General Las Vegas, NV 89101 • Member, DRI Contractors of America (702) 366-0622 Office • State Bar of Nevada’s Construction Law Section (702) 366-0327 Fax (702) 400-7223 Cell [email protected] www.thorndal.com Representative Articles • “Nevada Compendium of Construction Defect Law,” USLAW National Compendium of Law • Co-author, “Deposition & Discovery,” Nevada Civil Practice Manual

Education • 1988, J.D., Loyola Law School • 1985, B.A., UCLA

® 49 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA

Biography and Experience Charles Burcham has been involved in Construction Law and the defense of construction defect claims for over 20 years. During that time, he has represented developers, general contractors and subcontractors of various trades. Charlie has also attended specific seminars of Construction Law, and the mediation of construction defect claims, including mediator training at the Strauss Institute for Dispute Resolution at Pepperdine University. This training has enabled him to act as special master and mediator in numerous construction defect lawsuits. The firm is a member of the Associated General Contractors of America.

Charles L. Burcham Construction Industry Group Membership Thorndal Armstrong Delk Balkenbush & Eisinger • State Bar of Nevada’s Construction Law Section 6590 S. McCarran Boulevard Suite B Reno, NV 89509 (775) 786-2882 Office Education (775) 786-8004 Fax • 1985, J.D., University of Washington School of Law (775) 750-2998 Cell • 1981, B.A., California State University Sacramento [email protected] • Construction Law Mediation Training at Pepperdine University’s Strauss Institute for Dispute Resolution www.thorndal.com

® 50 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA

Biography and Experience Phil Goodhart has been practicing in Nevada with the firm since 1994 and devotes a large share of his practice to construction defect litigation. He is a vital part of the firm’s work defending window manufacturers and a variety of subcontractors in the construction defect arena. With subcontractors, he handles cases involving diverse construction related claims, including complex construction defect disputes in single and multi-family dwellings and commercial developments. Mr. Goodhart has also handled complex construction defect insurance coverage matters ranging from the definition of property damage; to the number of oc- currences; and to an insurer seeking reimbursement for its insured for settlement payments made for non-covered damages. The firm is a member of the Associated General Contractors of America.

Philip Goodhart Thorndal Armstrong Delk Balkenbush & Eisinger Construction Industry Group Membership 1100 East Bridger Avenue • Member, DRI • State Bar of Nevada’s Construction Law Section P.O. Box 2070 Las Vegas, NV 89125 (702) 366-0622 Office (702) 366-0327 Fax (702) 539-8855 Cell Education [email protected] • 1990, J.D., University of San Diego School of Law; Order of the Barrister, 1990; Winner, 1989 Jessup International Moot www.thorndal.com Court Competition • 1987, BC, University of Alberta

® 51 Connell Foley LLP NEW JERSEY

Biography and Experience Mr. McBride maintains an extensive practice representing owners, developers, contractors, and vendors in all aspects of the real estate development and construction business. Among his more notable projects are the large scale development of data centers, industrial tract and office developments, residential apartment and condominium projects, and shopping center developments. In his 37 years of experience, Mr. McBride’s construction projects include the resolution of various disputes by way of negotiation, trial, or arbitration on casino projects in Atlantic City (Tropicana and the Borgata); office buildings in Newark (Gateway 3 and 4); and Chicago (Prudential Centers 1 and 2); power plants in India and China; a $250 million polypropylene plant in Linden, New Jersey; Dow Jones’ headquarters in Princeton, New Jersey; large residential and redevelopment projects along the Hudson River and in Queens and Brooklyn for Toll Brothers; and a large shopping center development in the Rockefeller Economic Trade Zone in Mount Olive, New Jersey. Mr. McBride has recently resolved a complicated dispute for Michael X. McBride Foster Wheeler regarding a termination for convenience on a large power plant project in Louisiana. Connell Foley LLP Connell Foley served for over 35 years as the General Legal Counsel to the New Jersey Chapter of the AGC. 85 Livingston Avenue Roseland, NJ 07068 (973) 535 0500 Office (973) 535-9217 Fax mmcbride@ connellfoley.com Construction Industry Group Membership www.connellfoley.com • Associated Construction Contractors of New Jersey • Board Member, Commerce & Industry Association of New • Fellow, American Bar Foundation Jersey (2011-present) • Trustee, Atlantic Legal Foundation

Representative Seminars • “Economic Outlook,” New Jersey Business & Industry Association (NJBIA) Public Policy Forum; Edison, NJ, December 2009-2014 • Speaker, “Risks, Rewards and Consequences of DBE, WBE and MBE Programs” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, NV, December 2013 • Speaker, “How to Win a Construction Claim: Proving Damages in Construction Litigation” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, NV, December 2012 • “When to Call in the Calvary: The Construction Accountant and the Construction Lawyer,” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Las Vegas, Nevada, December 2011 • “How Contractors Can Protect Themselves from the Financial Deterioration of Subcontractors or General Contractors/Construction Managers,” American Institute of Certified Public Accountants (AICPA) National Construction Industry Conference; Phoenix, AZ, December 2010

Education • 1978, J.D., Georgetown University, with honors • 1975, B.A., Economics, Stanford University, cum laude

® 52 Connell Foley LLP NEW JERSEY

Biography and Experience Peter J. Smith’s practice is primarily devoted to litigation and arbitration of construction disputes in New Jersey and New York. He became a partner of the firm in 1989. Mr. Smith has consistently been named one of New York area’s top lawyers in the field of construction law. He is listed in the Best Lawyers in New Jersey, Best Lawyers in New York, Best Lawyers in America, and Super Lawyers directories. Mr. Smith has been a member of the American Arbitration Association’s Construction Industry Panel of Arbitrators since 1995. In 1999, Mr. Smith was selected by the American Arbitration Association to serve on its New Jersey Public Sector Panel of Mediators and Arbitrators. He has served on a variety of construction industry arbitration panels, deciding claims involving major public and quasi-public construction projects and surety matters. Mr. Smith was appointed to the New Jersey Construction Advisory Council of the American Arbitration Association in 2006. Peter J. Smith Connell Foley served for over 35 years as the General Legal Counsel to the New Jersey Chapter of the AGC. Connell Foley LLP 85 Livingston Avenue Roseland, NJ 07068 (973) 535-0500 Office (973) 535-9217 Fax Construction Industry Group Membership [email protected] www.connellfoley.com • Member, New Jersey State Bar Association, Construction • Member, American Arbitration Association, Construction and Public Contract Law Section Industry Panel of Arbitrators, 1995-present • Chairman, New Jersey State Bar Association, • Member, American Bar Association, ABA Forum on the Construction and Public Law Sections, 1993-1995 Construction Industry • Member, American Bar Association, Public Contract Law • Member, Associated Construction Contractors of New and Litigation Sections Jersey

Representative Articles • Author, “New Threat to Contractor Claims Against Design Professionals on Public Works Projects,” New Jersey Constructor, Spring 2013 • Author, “One-Call Disputes- Where Do We Go From Here,” New Jersey Constructor, Winter 2012 • Co-author, “Pension Plan Withdrawal Liability: A Primer,” New Jersey Constructor, Summer 2010 • Author, “State by State 2009 Construction Compendium of Law,” New Jersey Construction Law chapter of the USLAW Network • Contributing Author, “Winning Legal Strategies for Arbitration and Mediation,” Aspatore Publishing, 2007 • Author, “Lucier and Mango: The Future of Contractual Limitations of Liability in New Jersey?,” 2004 • Author, “Construction Defect Litigation,” 2001 • Author, “New Jersey Supreme Court Interprets the Construction Lien Law,” 2001

Education • 1981, J.D., Rutgers University Law School • 1978, B.A., University of Notre Dame

® 53 Modrall Sperling NEW MEXICO

Biography and Experience Sonya Burke is an associate in Modrall Sperling's Litigation group. She works in construction, design, and premises liability litigation. Her cases include construction design litigation, disputes between general contractors and subcontractors, breach of contract litigation, and premises liability cases.

Construction Industry Group Membership Sonya R. Burke • DRI Construction Group • Associated Builders and Contractors of New Mexico Modrall Sperling • ABA Construction Forum 500 4th Street NW Suite 1000 Albuquerque, NM 87102 (505) 848-1802 Office (505) 449-2002 Fax Education [email protected] • 2012, J.D., Boston University School of Law www.modrall.com • 2007, B.A. in English and French minor, University of Texas, Academic Honors

® 54 Modrall Sperling NEW MEXICO

Biography and Experience With more than 40 years of experience practicing law in New Mexico, Jim is the past Chair of the Firm’s Corporate/Banking/Real Estate Department and Practice Group and is the current Chair of the Construction and Design Law Industry Service Group. His practice has concentrated in transactions, litigation and alternative dispute resolution in the areas of real estate, construction and design law, government contracts, commercial leasing, and land use (including development, zoning and subdivision) He has represented owners, bonding companies, title companies, engineers, architects, contractors, subcontractors and suppliers in a variety of construction problems and claims, dealing with both commercial and residential projects. He has drafted commercial leasing and management systems for office buildings and shopping centers and numerous ground leases. He has handled hundreds of transactions for buyers, sellers and developers of real estate. James P. Houghton Jim has also represented national and local developers and property owners concerning land development issues. He has Modrall Sperling assisted developers in addressing their zoning, subdivision, and entitlement issues throughout the state. He also has substan- 500 4th Street NW tial experience in dealing with commercial sign issues. Suite 1000 Jim has been acknowledged in Best Lawyers in America® 2008-present in Construction Law, Litigation-Construction and Albuquerque, NM 87102 Real Estate Law and is Martindale-Hubbell AV® Preeminent, Peer Review Rated. Jim was named Best Construction Lawyer in Albuquerque for 2013 in Best Lawyers of America®. (505) 848-1856 Office He has completed mediator training through the Attorney-Mediators Institute and advanced arbitration training through the (505) 848-9710 Fax American Arbitration Association. James.Houghton@ modrall.com www.modrall.com Construction Industry Group Membership • State Bar New Mexico Real Property Section • Past Co-Chair of the Design and Construction Contracts • American Bar Association Forum Committee on the Committee of the ABA Real Property Section Construction Industry • New Mexico Chapter of NAIOP • Associated Builders and Contractors Albuquerque Chapter

Representative Seminars • Jim is a frequent speaker at the American Bar Association Real Property Section (Construction and Design Law) and the ABA Public Contract Law Section. Topics have included programs on change orders in construction contracts; residential construction forms; insurance products in the construction and design professional arena; resolving dispute by arbitration in construction contracts; use of partnering in construction contracts; and review and participation on panels on the AIA Documents from the perspective of owners and also from the perspective of design professionals. • New Mexico State Highway Department on important issues and clauses for subcontractors on state highway projects. • State of New Mexico Association of State Contract Procurement Officers, speaking on the topic of the ramifications of the NM subcontractors Fair Practices Act. • Complete list found at: www.modrall.com/jph

Representative Articles • “New Mexico Chapter,” Fourth Edition of the Design Build Deskbook, (2010) for the ABA Forum on the Construction Industry • “New Mexico Section,” State-by-State Guide to Construction and Design Law, publication of the American Bar Association, 1st (1998) and 2nd (2009) Editions • A Practical Guide to Common Construction Law Issues in New Mexico • Complete list found at: www.modrall.com/jph

Education • 1973, J.D., University of Virginia • 1970, B.S., Economics and Political Science, Indiana University, cum laude. Phi Beta Kappa

® 55 Modrall Sperling NEW MEXICO

Biography and Experience R. E. Thompson is an experienced practitioner in the area of civil litigation, primarily involving commercial disputes, products liability, class actions, malpractice, negligence, insurance, nursing homes and assisted living facilities. R.E.’s experience also includes administrative law hearings, government relations and lobbying. He is Board Certified as a Civil Trial Specialist by the New Mexico Board of Legal Specialization. In addition to his legal practice, R.E. has a long history of public service. He has served as a United States Attorney for the District of New Mexico, a New Mexico State Senator, a member of the National Conference of Commissioners on Uniform State Laws and the U. S. Attorney General’s Advisory Committee of U.S. Attorneys. He has also served on the New Mexico Supreme Court Committees, including the Rules of Evidence and the Rules of Civil Procedure. He is a Hearing Officer for the Disciplinary Board. Additionally, R.E. has served as out-of-state liaison for the Board of Directors of the State Bar of Texas. R. E. Thompson Named Outstanding Civil Defense Lawyer by the New Mexico Defense Lawyer Association in 2010, R. E. was also honored Modrall Sperling as one of the “Top 25 New Mexico Southwest Super Lawyers.” He is listed in Best Lawyers of America® and selected as Lawyer 500 4th Street NW of the Year in Albuquerque for Government Relations in 2013 and for Litigation – Construction in 2014. R. E. has achieved an Suite 1000 AV® rating from Martindale-Hubbell, based on a peer review. In addition, the New Mexico Business Weekly honored him as Albuquerque, NM 87102 Best of the Bar in Litigation in 2009. R.E. serves as Vice Chair of the firm’s Construction and Design service industry group. He previously served as firm President (505) 848-1800 Office and Chair of the Executive Committee. (505) 848-9710 Fax (505) 239-0322 Cell [email protected] www.modrall.com Construction Industry Group Membership • Albuquerque Builders Construction Association

Representative Seminars • “Is Federal Court the Right Court? Jurisdiction, Venue and Local Court Procedure,” “Developing a Successful Trial Strategy,” and “Case Management,” three presentations at continuing education seminar, Representing Your Client in Federal Court, sponsored by National Business Institute, March 2013

Education • 1968, J.D., University of Texas School of Law • 1965, B.B.A., University of Texas

® 56 Ahmuty, Demers & McManus NEW YORK

Biography and Experience Deborah Del Sordo, a partner in the Manhattan office is a Senior member of the construction site accident and construction defect team. She has 25 years of litigation experience, inclusive of trials and appeals in State and Federal Courts involving real property, property damage, personal injury, construction defect and contract claims. Her expertise in Real Estate litigation includes the defense of cooperatives and condominium on a variety of claims: breach of lease, breach of fiduciary duty, breach of the covenant of quiet enjoyment, and breach of warranty of habitability. Ahmuty, Demers & McManus is a member of the Associated General Contractors of America (AGC).

Deborah Del Sordo Ahmuty, Demers & Construction Industry Group Membership McManus • USLAW Construction Practice Group • AGC New York State 199 Water Street New York, NY 10038 (646) 536-5740 Office (212) 513-7843 Fax (917) 855-6908 Cell Education deborah.delsordo@ • 1980, J.D., Cardozo School of Law admlaw.com • 1977, B.A., History & Economics, SUNY Stonybrook, cum laude www.admlaw.com

® 57 Ahmuty, Demers & McManus NEW YORK

Biography and Experience Mike Rabus, a partner in the Manhattan office, serves as the firm’s liaison to the USLAW Construction Practice Group. Mike has handled litigation and trials involving property damage and bodily injury throughout downstate New York for 30 years. Mr. Rabus has represented developers, general contractors, subcontractors and design professionals for both commercial and residential concerns. Mr. Rabus is recognized as a preeminent attorney in his field having been rated “AV” by his peers in the Martindale- Hubbell attorney rankings. Mike has served as a Chair for the Construction Track for two USLAW Client Conferences and tries the highest exposure cases in the courts of Metropolitan New York with a special emphasis on construction site accidents. Ahmuty, Demers & McManus is a member of the Associated General Contractors of America (AGC).

Michael J. Rabus Ahmuty, Demers & McManus Construction Industry Group Membership 199 Water Street • AGC New York State • USLAW Construction Practice Group New York, NY 10038 (212) 513-7788 Office (212) 587-5637 Fax (516) 524-0400 Cell (516) 764-7811 Home Representative Seminars (646) 536-5748 Alternative • Medicare Secondary Payer Statute Seminar, Nassau County Bar Association, March 9, 2010 michael.rabus@ • Old Republic Construction Program Group Annual Meeting, February 2010 admlaw.com • “Undocumented Alien Damages Recovery in Construction Site Accident Litigation,” USLAW Construction Practice Group www.admlaw.com Seminar, 2009 • The Contract Side of Safety Conference March 27, 2007 • “Developments in Construction Work Site Litigation,” NYS Bar Association, October 24, 2003

Representative Articles • “Developments in the Law Concerning Negligence,” Construction Labor Laws 200, 202-H and 241(6); NYS Bar Association Construction Work Site Litigation, October 2003

Education • 1982, J.D., St. John’s University • 1978, B.A., St. John’s University

® 58 Ahmuty, Demers & McManus NEW YORK

Biography and Experience Michael C. Salvo, the managing partner of the firm’s New Jersey Office, heads the firm’s construction defect group and has extensive experience is handling all aspects of construction litigation involving both property damage and bodily injury in both New York and New Jersey. He has represented general contractors, construction managers, subcontractors, property managers and design professionals in all aspects of litigation, including coverage disputes, for over 18 years. He has a proven track record in successfully representing clients in property damage matters including construction defect claims, particularly those involving condominiums. He has acted as lead defense counsel in several major property damage/personal injury claims involving multiple plaintiff’s and dozens of defendants. Mr. Salvo has also successfully defended contractors and design professionals is complex construction defect cases including a $60 Million construction defect claim wherein he secured a defense verdict for the subcontractor he represented. Other practice areas he is involved in include Commercial Transportation, Michael C. Salvo Commercial Transactions, Products Liability, Professional Liability, Toxic Tort and Environmental law. Mr. Salvo regularly lec- Ahmuty, Demers & tures on various areas of law including, The New Jersey Spill Compensation and Control Act, New York’s Navigation Law, New McManus Jersey’s Tort Claims Act, New Jersey’s Product’s Liability Law, and New York’s Labor Law. He has also conducted seminars relat- 200 I.U. Willets Road ing to handling catastrophic transportation claims, including charter bus accidents and commercial trucking accidents. Albertson, NY 11507 Ahmuty, Demers & McManus is a member of the Associated General Contractors of America (AGC). (973) 984-7300 Office (973) 993-1989 Fax (973) 216-0403 Cell (973) 635-2422 Home Representative Seminars (212) 513-7788 Alternative • “The Internet & Social Networking in Claims Investigation,” Compass Group, October, 2012 michael.salvo@ • “Joint & Several Liability,” York Risk Services Group, Inc, May, 2012 admlaw.com • “The Internet & Social Networking in Claims Investigation,” York Risk Services Group, Inc, May 2012 www.admlaw.com • “Joint & Several Liability,” Broadspire Claims Seminar, Berkeley Heights, NJ, May 2011 • “Handling New Jersey PIP Claims,” Nova Casualty Claims Seminar, Buffalo, NY, May 2011 • “The Internet & Social Networking in Claims Investigation,” Gallagher Bassett Claims Seminar, Mechanicsburg, PA, January 2011 • “Updates in Labor Law, Transportation & Coverage Issues,” Nassau County Bar Association Lecture to Claims Professionals, Mineola, NY, November 2010 • “Handling Catastrophic Bus Claims,” York Risk Service Group Claims Seminar, Longwood, FL, June 2010 • “Defending a Trucking Claim,” Captive Resources Workshop, Nashville TN, March 2010 and Las Vegas, NV, April 2010 • “Medicare Secondary Payor Statute,” York Risk Service Group Claims Seminar, Parsippany, NJ, March 2010 • “Handling New York State Labor Law Claims,” MAC Risk Management Claims Seminar, January 2010

Education • 1992, J.D., New York Law School • 1989, B.A., Political Science, Fordham University

® 59 Goldberg Segalla LLP NEW YORK

Biography and Experience Kenneth Alweis is a partner at Goldberg Segalla where he is Co-Chair of the firm’s Business and Commercial Litigation Practice Group and heads the Retail and Development Litigation Practice Group. An experienced trial attorney practicing over 25 years, he has represented some of the country’s largest developers, contractors, and construction managers and in construction and commercial and disputes, worksite accident litigation, and land use and zoning disputes. In addition, he provides consulting services to clients in terms construction contract preparation and drafting, indemnification and insurance consulting, risk management, and land use permitting and application. In addition, to his many years of trial experience, Ken is frequently retained by other attorneys to serve as an arbitrator and mediator in federal and state court matters. He holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by Super Lawyers, Corporate Counsel Edition and Upstate New York Super Lawyers. Kenneth M. Alweis Ken is a member of the Board of Directors of the Empire State Chapter of the Associated Builders and Contractors (ABC) Goldberg Segalla LLP and the Associated General Contractors of America (AGC). 5786 Widewaters Parkway Syracuse, NY 13214 (315) 413-5400 Office (315) 413-5401 Fax Construction Industry Group Membership (315) 491-5798 Cell kalweis@goldberg • Associated of Builders and Contractors – Board of • Associated General Contractors of America (AGC) segalla.com Directors, Empire State Chapter www.goldbergsegalla.com

Representative Seminars • Presenter, “Top Ten Additional Insured Considerations,” IRMI Construction Risk Seminar, San Diego, CA, November 2013 • Presenter, “NY Construction Site Accident Update: Labor Law Section 240, Indemnity Agreements and Insurance,” Associated Builders and Contractors, October 2011 • Presenter, “Contract Drafting for Construction Projects,” Cazenovia College, April 2011 • Speaker, “Bed Bugs: Will They Really Eat our Brand Name,” USLAW NETWORK Spring Conference, Phoenix, AZ, March 2011 • Panelist, “Landlord/Tenant Gumbo – Spice is Nice but Can You Take the Heat,” USLAW NETWORK Spring 2010 Conference, Miami, FL, March 2010 • Chairman and Moderator, “Strictly Retail,” Defense Research Institute (DRI), Chicago, IL, March, 2010 • Presenter, “Get the Green Edge: How to Underwrite and Insure ‘Green’ Exposures & Grow Your Book,” Independent Insurance Agents & Brokers of NY, Inc., “Capital Event,” February, 2009 • Presenter, “Construction Site Accidents - The Trial of a Labor Law Case,” New York State Bar Association, November, 2008 • Panelist, “Responding to the Catastrophic Mass Injury Claim: Avoid Adding to the Catastrophe,” USLAW NETWORK Fall Conference, Las Vegas, September, 2008 • Presenter, “Construction Site Accidents Under NY Labor Law,” Syracuse Claims Association, May, 2008 • Lecturer, “Leadership in Energy and Environmental Design (LEED): Claim Avoidance”, Brown and Brown Empire State, Spring and Fall, 2007-2008

Representative Articles • “A Guide to the Unwary: Construction Manager Liability Under New York Labor Law Section 240(1),” Progress! Under Construction, November 2013 • Construction Site Personal Injury Litigation - New York Labor Law Sections 200, 240(1) and 241(6), New York State Bar Association, January 24, 2011 • “Risk Management in the Field of ‘Green’ Construction,” Central New York Business Journal, April 2008 • “Legal Pitfalls for Joint Employers,” Plain Vanilla Shell, February 2008 • Co-Author, Guide to New York Commercial Eviction, October 2007 • Co-Author, Store Owner’s Rights When Faced with Shoplifting: A State by State Review, April 2007 • Contributing Author, Construction Site Personal Injury Litigation - New York Labor Law Sections 200, 240(1) and 241(6), New York State Bar Association, 2006 • “Premises Liability and Construction Work Site Accidents,” New York State Bar Association, 1995 • “Coverage Issues and Applications-1994,” New York State Bar Association, 1994

Education • 1985, J.D., University of New York at Buffalo School of Law • 1982, B.A., Binghamton University

® 60 Goldberg Segalla LLP NEW YORK

Biography and Experience A senior trial partner of the firm, Christopher Belter is an experienced commercial and business litigation attorney who has successfully represented clients in state and federal courts throughout the United States for almost 20 years. He devotes his practice to the resolution of complex business disputes and construction matters. Chris serves as Co-Chair of the firm’s Business and Commercial Practice Group and Chair of its Construction Practice Group. As a nationally recognized authority on construction law, Chris represents contractors, construction managers, and others in matters involving all aspects of construction, from contract negotiation through litigation, on major private and public projects. His experience includes breach of contract claims, collection remedies, damage analysis, delay and acceleration claims, design and construction defect claims, mechanic’s liens, and worksite injury litigation. He also represents contractors, sureties, and insurance and bond providers in all types of bond claims made against payment and performance bonds. Chris is a member of the Associated General Christopher J. Belter Contractors of America (AGC). Goldberg Segalla LLP Chris has been recognized by the Best Lawyers in America, Super Lawyers, Corporate Counsel Edition, Upstate New York 665 Main Street, Suite 400 Super Lawyers and Business First’s Legal Elite of Western New York. Buffalo, NY 14203 (716) 566-5412 Office (716) 566-5401 Fax (716) 510-3197 Cell cbelter@goldberg Construction Industry Group Membership segalla.com • Defense Research Institute: Construction Law Committee • The Associated General Contractors of America www.goldbergsegalla.com (Former National Committee Chair); • USLAW NETWORK: Business Litigation Practice Group, • Commercial Litigation Committee (National Steering Business Dispute and Unfair Competition Subcommittee, Committee, Intellectual Property Subcommittee, Construction Law Practice Group Business Torts Subcommittee)

Representative Seminars • “Damage Control: Avoiding or Minimizing Consequential and Liquidated Damages in Contract Disputes,” Defense Research Institute Business Litigation Seminar, May 2014; Fall 2013 USLAW NETWORK Client Conference, October 2013 • Presenter, “Who Can You Trust? Strategies and Pitfalls When Pursuing Lien Law Trust Fund Claims,” Commercial Law League of America Spring Meeting and 117th National Convention, Chicago, IL, April 14, 2011 • Presenter, “You Owe Me Money – Getting Others And Their Insurers to Pay You,” Chinese Drywall Litigation Conference, Harris Martin, October 29, 2010 • Presenter, “The Greening of America – New issues in Construction and Insurance Litigation,” DRI Annual Meeting, Chicago, IL, 2009 • Speaker, “Chinese Drywall Litigation: Emerging Developments and Legal Theories,” DRI Webcast, August 2009 • Program Chair, DRI’s Construction Law Seminar, September, 2008 • Program Vice Chair, DRI’s Construction Law Seminar, September, 2007

Representative Articles • Co-Author, New York Chapter, “Construction Litigation Desk Reference: A State by State Compendium,” The DRI Defense Library Series, 2010 • Co-Author, “What Lies Beneath: The Gathering Storm of Chinese Drywall Defect Claims,” For the Defense, Defense Research Institute, June 2009 • Co-Author, “Drywall from China Leads to Glut of Claims,” Buffalo Law Journal, May 2009 • Co-Author, “Breaking the Bank(ruptcy Code)? Terminating Surety and Fidelity Bonds,” For the Defense, Defense Research Institute, March 2008 • Served as editor of the DRI’s Construction Law Committee’s compendium on Construction Defect Litigation; “Causes of Action in Construction Defect Litigation,” DRI Construction Defect: Claims and Coverage Compendium, 2007 • Author and Presenter, New York’s Construction Worksite Safety Law - Bad for Business?, Buffalo Niagara Partnership’s Education Seminar Series, 2007 • Author and Presenter, Aggressive Players and Ugly Flops – The Expansion of Deceptive Trade Practice Statutes to Business Torts, DRI Intellectual Property Commercial Litigation Committee Seminar, Key Biscayne, FL, 2006

Education • 1993, J.D., State University of New York at Buffalo, School of Law • 1989, B.A., State University of New York at Buffalo

® 61 Goldberg Segalla LLP NEW YORK

Biography and Experience William Greagan has nearly 25 years of experience defending a wide range of clients in the construction trades in personal injury actions brought under New York’s Labor Law, indemnity actions, additional insured actions, contract actions, and construction defect and chemical exposure cases at both the trial and appellate levels. In the last 15 years, this accounts for 75 percent of his practice. He is an active member of the Associated General Contractors of New York State. William holds the Martindale-Hubbell Peer Review Rating of AV Preeminent and has been recognized by Who’s Who in American Law and Upstate New York Super Lawyers.

William J. Greagan Goldberg Segalla LLP 8 Southwoods Boulevard Construction Industry Group Membership Suite 300 • Associated General Building Contractors of New York • Capital Region Builders & Remodelers Association, Inc. Albany, NY 12211-2364 State, Associate Member (CRBRA) (518) 463-5400 Office (518) 463-5420 Fax (518) 229-5960 Cell wgreagan@goldberg segalla.com Representative Seminars www.goldbergsegalla.com • "What goes on in the mind of your Underwriter," NYS Construction Industry Conference, December 10, 2014 • “New Acord 855 New York Construction Certificate of Liability Insurance Addendum,” Associated General Contractors of New York State Webinar, May 2014 • “Killer Contract Clauses,” NESCA/AGC/ECA Educational Partnership Seminar, March 2014 • “Scaffold Law Reform,” Hudson Valley Construction Industry Partnership Conference, February 2014 • Presenter, Associated Building Contractors Statewide Conference, Albany, NY, November 14–15, 2013

Education • 1988, J.D., Albany Law School of Union University, cum laude, (Justinian Society; Gabrielli Appellate Moot Court Competition Best Brief Award) • 1985, B.A., Political Science, Siena College

® 62 Traub Lieberman Straus & Shrewsberry LLP NEW YORK

Biography and Experience Ms. Black’s construction practice involves the defense of owners and contractors in personal injury, property damage and construction defect cases. For nearly 17 years she has handled a wide range of construction claims including claims involving catastrophic injuries due to scaffold collapses and other construction accidents. She is a seasoned litigator in the defense of claims asserting statutory strict liability under the New York State Labor Law and also devotes a significant portion of her practice defending owners and contractors in matters involving damage to structures allegedly due to faulty excavation, underpinning and soil stabilization. Ms. Black also represents primary and excess insurers in coverage matters in the construction context regarding issues of policy interpretation and risk transfer. Approximately 70% of her practice is devoted to construction and risk transfer. Ms. Black is a frequent lecturer in national organizations on topics related to construction, insurance, premises, retail, gen- Lisa J. Black eral liability and litigation matters to national clients and organizations including USLAW NETWORK, Inc. She Co-Chaired the Traub Lieberman Straus & USLAW National Conference Construction Track for both the 2013 and 2012 conferences and was Co-Chair of the 2014 and Shrewsberry LLP 2015 USLAW Women's Conferences. Ms. Black is the 2014-2015 Vice-Chair of the USLAW NETWORK Women's Connection. 7 Skyline Drive Ms. Black is the Co-founder of the NYLS Moot Court Alumni Organization Support Network and a member of the Federal Bar Hawthorne, NY 10532 Council and New York State Bar Association. She is also the Founder/Co-Chair of the firm’s Law Student Internship Program since 2008 and an alumni-student mentor. In addition to her professional obligations, she serves as Commissioner of the (914) 347-2600 Office Scarborough Fire District and a member of her local PTA. (914) 586-7063 Direct Traub Lieberman Straus & Shrewsberry LLP is a member of the Associated General Contractors of America (AGC). (914) 347-8898 Fax (917) 848-5511 Cell [email protected] www.traublieberman.com Construction Industry Group Membership • USLAW Construction Practice Group • DRI Construction Practice Group • USLAW Women’s Connection •AGC

Representative Seminars Ms. Black is a frequent lecturer at continuing legal education and insurance industry seminars. Representative programs include: • USLAW Women’s Connection National Conferences, Conference Co-Chair, 2014 and 2015; Vice-Chair of USLAW Women’s Connection Practice Group 2014-2015 • “Interplay with Contractual Indemnity and Additional Insured Status in the NY,” Riverstone Claims Seminar, Manchester, NH, April 2014 • “Is Risk Transfer Risky Business?” ACE Claims Seminar, Jersey City, NJ, June 2013 • USLAW Spring Conference, Construction Track Co-Chair, Tucson, AZ, April 2013 • “Risk Transfer: Contractual Indemnity, Additional Insureds and OCIP/CCIP in Construction Claims,” XL Claims Seminar, Exton, PA, February 2013 • “The Blame Game in Catastrophic Injury Cases: Sorting Out the Finger Pointing Issues with Statutory Liability, Risk Transfer, Indemnity, OCIPS and Wrap Programs,” DRI Construction Conference, Phoenix, AZ, September 2012 • “Contractual Indemnity and Additional Insureds in the N.Y. Labor Law Claim Context,” ACE Claims Seminar, Atlanta, GA, April 2012 • USLAW Spring Conference, Construction Track Co-Chair, Dana Point, CA, April 2012 • “Contractual Indemnity and Additional Insured Endorsement National Trends,” AGC Surety Conference Forum, Naples, February 2012 • “Contractual Indemnity and Additional Insured Recent Case Law in NY and Litigation Trends,” XL Insurance Broker Forum, New York, NY, December 2011 • “Social Media, Changing the Legal Landscape,” USLAW Spring Conference, Seminar Speaker, Phoenix, AZ, March 2011 • “Additional Insured Interplay with Contractual Indemnity,” Markel Seminar, Red Bank, NJ, May 2010 • “Tort Reform: Non-Pecuniary Damages,” RSUI Claims Seminar, Atlanta, GA, March 2010

Representative Articles • “Is Risk Transfer Risky Business? Contractual Indemnification, Additional Insureds, and OCIP/CCIP in the Construction Context” (White Paper), DRI Construction Conference Las Vegas, NV, September 2012 • She has supervised the firm’s contribution to the N.Y. section, USLAW Construction Law Compendium

Education • 1998, J.D., New York Law School, Moot Court Executive Board Member, Competition Author 1996-1997 • 1995, B.A., Binghamton University

® 63 Traub Lieberman Straus & Shrewsberry LLP NEW YORK

Biography and Experience Mr. Castellitto’s construction practice involves the defense of contractors and design professionals in personal injury, property damage and construction defect cases. For the past fifteen years he has handled a wide range of construction claims including claims involving catastrophic injuries due to scaffold collapses, crane collapses and other construction accidents. He has developed expertise in the defense of claims asserting statutory strict liability under the New York State Labor Law, and is a frequent lecturer on topics involving the history, development and application of that statute. He is actively involved in the defense of design professionals in matters involving damage to structures allegedly due to faulty excavation, underpinning and soil stabilization, as well as claims involving water infiltration, mold and roadway design. Mr. Castellitto also represents primary and excess insurers in coverage matters related to building design and construction regarding issues of policy interpretation and risk transfer. Approximately 70% of his practice is devoted to construction related matters. Mario Castellitto Traub Lieberman Straus & Shrewsberry LLP is a member of the Associated General Contractors of America (AGC). Traub Lieberman Straus & Shrewsberry LLP 7 Skyline Drive Hawthorne, NY 10532 (914) 347-2600 Office Construction Industry Group Membership (914) 347-8898 Fax (914) 400-5623 Cell • USLAW Construction Practice Group • Member, AGC – New York Chapter mcastellitto@traub lieberman.com www.traublieberman.com

Representative Seminars Mr. Castellitto is a frequent lecturer at continuing legal education and insurance industry seminars. Representative programs include: • “Direct and Cross Examination of Witnesses,” New York County Lawyers Association, August 10, 2010 • “Cross examination of Medical Experts,” New York County Lawyers Association, May 15, 2010 • “Chinese Drywall: Facts, Claims & Coverage,” South Florida Claims Association, July 17, 2009 • “New York Labor Law: Issues and Answers,” Westchester Specialty Group, July 9, 2009

Education • 1993, J.D., Pace University School of Law, cum laude, Research and Writing Editor, Pace Law Review, 1991 - 1993. • 1989, B.S., Fordham University

® 64 Traub Lieberman Straus & Shrewsberry LLP NEW YORK

Biography and Experience Robert S. Nobel is a senior partner in Traub Lieberman’s New York office. After graduating cum laude from law school in 1992, Mr. Nobel began handling construction related matters on behalf of the New York City Department of Buildings, Board of Standards and Appeals (the City’s Zoning Board), Environmental Control Board and the Department of Design and Construction as an Assistant Corporation Counsel. Thereafter, Mr. Nobel served as an Assistant General Counsel to the New York City Department of Buildings where he also served as Chairperson of the Electrical Licensing Board. Since joining Traub Lieberman in 1998, Mr. Nobel has defended property owners, contractors, architects and engineers in a variety of personal injury and property damage matters including but not limited to cases asserting strict liability based upon New York Labor Law, breach of contract, indemnification, building failure and collapse, construction defect and delay. Mr. Nobel also counsel’s and litigates on behalf of his insurance company clients regarding general liability, professional liability, OCIP (wrap up) and OCP policies Robert S. Nobel with respect to a variety of insurance coverage issues including but not limited to additional insured status, indemnification Traub Lieberman Straus & and application of the business risk exclusions. Shrewsberry LLP Traub Lieberman Straus & Shrewsberry LLP is a member of the Associated General Contractors of America (AGC). 7 Skyline Drive Hawthorne, NY 10532 (914) 347-2600 Office (914) 347-8898 Fax Construction Industry Group Membership (914) 450-0517 Cell RNobel@traub • Chair, USLAW Construction Practice Group (2012-2014) • Member, AGC – New York Chapter lieberman.com • Vice Chair, USLAW Construction Practice Group (2010-12) •DRI • Secretary, USLAW Construction Practice Group (2009-10) www.traublieberman.com

Representative Seminars • "The 7-Minute Construction Law Drill – Insurance Issues," AGC's 94th Annual Convention, March 7, 2013 • “Faulty Work or Faulty Coverage; The Risks You May Not Have Bargained For,” USLAW Spring 2012 Conference, April, 2012 • “Insurance Coverage and Shifting Risk In Complex Construction Claims,” USLAW Spring 2011 Conference, April 2, 2011 • “Shifting The Risk in This Economy – It Is All About Risk Management,” USLAW Fall 2010 Conference, October, 2010 • “Third-Party Claims for Contribution and Indemnity and the ‘Grave Injury’ Requirement,” Markel, February, 2010 • “Insurance Agents and Brokers: Friend of Foe?,” USLAW Fall 2009 Conference, September 26, 2009 • “New York Labor Law and Risk Shifting,” New York County Law Association, Construction Law Committee, April, 2008 • Host/Moderator: Construction Law “Hot Topic” Roundtable, USLAW Spring 2008 Conference, April 11, 2008 • “The Contract Side of Safety,” SENY Conference, March 27, 2007

Representative Articles • “A Visit With The Additional Insured,” Declarations, Winter/Summer, 2005 • “A Wholesale Review of the Vendors Endorsement: How It Works and the Priority of Coverage,” Declarations, Summer, 2008

Education • 1992, J.D., St. John’s University School of Law, cum laude • 1989, B.A., Psychology, State University of New York at Binghamton

® 65 Poyner Spruill LLP NORTH CAROLINA

Biography and Experience Dan Cahill has over 19 years’ experience representing corporations in all types of commercial disputes in state and federal court, and through alternative dispute resolution. He focuses his practice on complex commercial disputes, construction disputes and condemnation proceedings. From 2001 to 2009, Dan devoted a portion of his time to working as a staff attorney in the legal department of a national construction materials company. Don serves as the chair of the firm’s litigation section and is assistant general counsel and loss prevention partner for the firm. Poyner Spruill LLP is a member of the Associated General Contractors of America (AGC).

Daniel G. Cahill Poyner Spruill LLP Construction Industry Group Membership 301 Fayetteville Street • North Carolina Bar Association, Construction Suite 1900 Law Section Raleigh, NC 27601 (919) 783-2902 Office (919) 783-1075 Fax (919) 271-4996 Cell Representative Seminars (919) 785-1610 Home [email protected] • “Lien Law Update,” Dixon Hughes Construction Executive Conference, 2006 www.poynerspruill.com

Representative Articles • “General Contractors’ Obligations for OSHA Compliance Expanded,” April 25, 2005

Education • 1994, J.D., Wake Forest University • 1989, B.A., Public Policy, University of North Carolina

® 66 Poyner Spruill LLP NORTH CAROLINA

Biography and Experience Tom is a partner in the firm’s Raleigh office with more than 25 years experience in litigation matters. Prior to joining Poyner Spruill, he served as Assistant Attorney General for the North Carolina Department of Justice conducting inverse condemnation and construction litigation on behalf of the North Carolina Department of Transportation. His law practice involves land condemnation, OSHA, government procurement and contracts and the representation of owners, developers, contractors and design professionals in disputes arising out of various large and small building construction matters. He is also a certified mediator. Tom has served as both an author and lecturer on construction law, condemnation and OSHA matters as a part of the North Carolina Bar Association’s continuing legal education program and at national seminars. In addition, he is a member of the Litigation and Construction Law sections of the North Carolina Bar Association and previously served as editor of the Construction Law Section’s newsletter. Tom is a Fellow of the Litigation Counsel of America, has been recognized three con- Thomas H. Davis, Jr. secutive years as a Super Lawyer, and is listed in Who’s Who in American Law. Poyner Spruill LLP Poyner Spruill LLP is a member of the Associated General Contractors of America (AGC) and the North Carolina Masonry 301 Fayetteville Street Contractors Association (NCMCA). Suite 1900 Raleigh, NC 27601 (919) 783-2816 Office (919) 783-1075 Fax Construction Industry Group Membership (919) 720-1764 Cell • Member, USLAW Construction Practice Group • Member, NCMCA – Raleigh Chapter [email protected] www.poynerspruill.com

Representative Seminars • "Fundamentals of Construction Contracts: Understanding the Issues, " March 22, 2013 • "Changes Affecting Construction Contracts in North Carolina," N.C. Masonry Contractors Association, October 10, 2012 • "Eminent Domain and condemnation Law," North Carolina Land Law, August 22, 2012 • “Bonds on Public Projects,” Construction Contracting for Public Entities, July 19, 2011 • “Essentials of Risk Transfer,” Eastern Carolina Safety and Health School, March 18 & 19, 2010 • “Understanding (And Avoiding) Professional Negligence Actions,” Minimizing Engineering Liability Exposure, June 26, 2008 • “Construction Site Safety Issues,” Construction Law for North Carolina Engineers and Contractors, June 27, 2007 • “Inverse Condemnation,” Eminent Domain in North Carolina, January 26, 2006 • “The Design Professional,” Law for North Carolina Design Professionals, March 5, 2003 • “Knowing Your Legal Rights and Obligations,” OSHA Regulations: Does Your Construction Site Comply? May 30, 2001

Representative Articles • “Negotiating Toward a Win-Win Situation,” Inside the Minds: Construction Law Settlement & Negotiations, Aspatore Books, 2007 • “The Occupational Safety & Health Act of North Carolina,” The North Carolina Administrative Law Guide, Business Law Resource, Inc., 1996

Education • 1976, J.D., Wake Forest University • 1973, B.A., History, North Carolina State University, with honors

® 67 Poyner Spruill LLP NORTH CAROLINA

Biography and Experience Jason focuses his practice primarily in the areas of commercial and business tort litigation, construction litigation, and commercial landlord and tenant litigation. Jason brings experience in many disciplines to his representation of business clients. In his construction practice, Jason represents general contractors, subcontractors, material suppliers, as well as owners and developers in disputes ranging from defect and delay claims, performance issues, wrongful termination claims, and liability disputes. Jason is a member of the Litigation and Construction Sections of the North Carolina Bar Association, as well as the Construction Section for the American Bar Association. Jason has been recognized as a Super Lawyer “Rising Star” and as a Legal Elite “Young Gun”. Poyner Spruill LLP is a member of the Associated General Contractors of America (AGC). Jason B. James Poyner Spruill LLP 301 S. College Street Suite 2300 Construction Industry Group Membership Charlotte, NC 28202 • ABA Construction Practice Group; Carolinas AGC • North Carolina Bar Association, Construction (704) 342-5287 Office Law Section (704) 342-5264 Fax [email protected] www.poynerspruill.com Education • 2001, J.D., Campbell University • 1996, B.A., Wake Forest University

® 68 Roetzel & Andress OHIO

Biography and Experience Ms. Garritano focuses her practice on all aspects of business and commercial litigation in state and federal courts, including contract disputes, Uniform Commercial Code (UCC) matters, intellectual property disputes, antitrust, construction disputes and business torts. She also has significant experience in various electronic discovery issues under the Federal Rules of Civil Procedure.

Christine M. Education Garritano • 2004, J.D., The Ohio State University, Moritz College of Law Roetzel & Andress • 2001, B.A., Political Science, University of Michigan, with distinction 1375 East Ninth Street One Cleveland Center 9th Floor Cleveland, OH 44114 (216) 696-7282 Office (216) 623-0134 Fax (216) 926-3007 Cell [email protected] www.ralaw.com

® 69 Roetzel & Andress OHIO

Biography and Experience Mr. Rosenberg focuses his practice on construction law and civil litigation and leads the Construction Law practice which was recognized in October 2014, as one of the best law firms nationally for construction and construction litigation by US News and World Report. He has been recognized for the past 12 years as one of Ohio’s leading construction lawyers by Chambers USA. In a recent edition of Chambers USA, it was stated that Mr. Rosenberg is “esteemed for his broad expertise, and he has an im- pressive list of clients.” He has been selected as an “Ohio Super Lawyer” by Ohio Super Lawyers Magazine for the past 11 years. He is listed in “The Best Lawyers in America” for the specialty of construction law and recognized in International Who’s Who in Construction Law for his international construction law experience. Mr. Rosenberg is an arbitrator with the American Arbitration Association, former Chairperson of Division 4 - Project Delivery Systems and current member of the Governing Committee of the American Bar Association, Forum on Construction Law, for- Thomas L. Rosenberg mer Chairperson of the Lawyers Group of the Builders Exchange of Central Ohio, former Chairperson of the Construction Law Roetzel & Andress Committee of the Columbus (Ohio) Bar Association and a member of the Construction Law Committee of the Ohio State Bar PNC Plaza, 12th Floor Association. He has served as an arbitrator and mediator in construction disputes on projects of all sizes. 155 E. Broad Street Columbus, OH 43215 (614) 723-2006 Office (614) 463-9792 Fax (614) 325-5077 Cell Construction Industry Group Membership (614) 481-0402 Home (614) 463-9770 Alternative • American Arbitration Association – Arbitrator • Builders Exchange of Central Ohio, Lawyers Group, • American Bar Association, Forum on Construction Law; Former Chair [email protected] Division 4 – Project Delivery Systems, Chairperson (2009- • Columbus Bar Association, Construction Law Committee, www.ralaw.com 2011); Faculty Member, Construction Forum Trial Former Chair Academy (2012-2013); Program Co-Chairperson, Annual • Ohio State Bar Association, Government Contracts Meeting (2012); Governing Committee (2013-2016) Committee and Construction Law Committee

Representative Seminars • “Construction Law,” Microtunneling Short Course, February 2008-2015 • “What’s New in Ohio Construction Law,” Roetzel & Andress’ Annual Construction Law Update, February 2009 • “Green Building Practices and LEED Certification,” New Construction Issues and The Impact on your Bottom Line Seminar, April 2008 • “Important Changes in Construction Contracts Created by the Release of New Form Contracts by the American Institute of Architects and Other Organizations,” Microtunneling Short Course, February 2008 • “The Fundamentals of Construction Contracts in Ohio: Understanding the Issues,” Lorman Education Services Seminar, August 2006, December 2007 • “Allocating the Risk of Subsurface Conditions on Underground Construction Projects,” Microtunneling Short Course, February 2007 • “Learning from the Mistakes of Others: When Design Build Has Gone Awry,” ABA Forum on the Construction Industry/ TIPS Fidelity & Surety Law Committees, January 2007

Representative Articles • North American Microtunneling Association Seeks to Improve the Industry,” Tunnel Business Magazine, 2012 • “Construction Ethics,” January 2008 • “Ethical Considerations in Construction,” August 2008 • “Essential Construction Contract Terms: Avoiding Future Problems by Addressing Key Issues,” Real Estate Finance Journal, April 2007 • Series of Articles for The Columbus Daily Reporter targeted to American Institute of Architects, November 2005 • “Should I Copyright My Drawings? Part I” • “Should I Copyright My Drawings? Part II” • “Is the Spearin Doctrine Dead in Ohio or Just Wounded?” • “Arbitration – Panacea or Pain”

Education • 1983, J.D., Capital University Law School, Columbus, Ohio • 1977, B.A., Ohio Wesleyan University, Delaware, Ohio

® 70 Williams Kastner OREGON

Biography and Experience David Campbell is an associate in the Portland office of Williams Kastner. He is a general and commercial litigation attorney focusing on commercial law, professional liability, construction defect, personal injury, and products liability. Mr. Campbell’s construction experience includes representing general contractors and subcontractors in a variety of complex construction defect matters involving schools, condominiums, townhomes, commercial structures, and single-family homes. Mr. Campbell has over seven years of experience as a construction attorney and devotes 25% of his practice to construction related matters. He was named to Rising Stars by Super Lawyers magazine for 2012 and 2013. Williams Kastner is a member of the Associated General Contractors of America (AGC).

David C. Campbell Williams Kastner Representative Articles 888 SW Fifth Avenue Suite 600 • “Navigating a New Course: Why the Deepwater Horizon Ecologic Disaster Should Spur Clean Energy Progress,” USLAW Portland, OR 97204 Magazine, Fall/Winter 2012 • “Why Dangerous Greenhouse Gases May Be Incapable Of Regulation,” Metropolitan Corporate Counsel, April, 2012 (503) 944-6967 Office • “Medical Monitoring: The Impact of Lowe v. Philip Morris,” Oregon Association of Defense Counsel Magazine, Summer 2008 (503) 222-7261 Fax • “End of the ‘We Can’t Tell Rule’ Makes Life Much More Challenging for Appellants,” Oregon Appellate Almanac, 2006 (503) 729-1566 Cell (971) 506-5430 Home dcampbell@williams kastner.com www.williamskastner.com Education • 2003, J.D., University of Oregon School of Law, Oregon Law Review, Order of the Coif • 1998, B.S., Psychology, Washington State University, cum laude

® 71 Williams Kastner OREGON

Biography and Experience Tom Ped is a member in the Portland office where his practice focuses on construction and real estate matters, including litigating and resolving construction and insurance coverage disputes. Tom regularly represents owners, general contractors, subcontractors and suppliers in contract performance and payment claims. Williams Kastner is a member of Associated General Contractors of America (AGC).

Construction Industry Group Membership Thomas A. Ped Williams Kastner • Executive Committee Member, Oregon State Bar – • Painting and Decorating Contractors of America, Construction Law Section Portland Chapter (Associate Member) 888 SW Fifth Avenue • Oregon State Bar Association – Real Estate/Land Use • CCIM, Oregon/SW Washington Chapter (Affiliate Suite 600 Section Member) Portland, OR 97204 • American Bar Association – Title Insurance Litigation (503) 944-6988 Office Committee (503) 222-7261 Fax (503) 803-9310 Cell (503) 771-1665 Home Representative Seminars [email protected] www.williamskastner.com • Presenter, “Legal Descriptions, Title Insurance and Surveys in Real Estate Transactions,” National Business Institute, Portland, Oregon, December 2014 • Presenter, “Construction Defects: 5 Steps for a Healthy Defense” OSB Construction Law 101 CLE, Bend, Oregon, June 2009

Representative Articles • “Construction Requirements for Medical Marijuana Facilities.” OSB Construction Law Newsletter, Issue 49, November 2014 • “The Duty to Defend: Extrinsic Evidence Does Not Always Help,” ABA Title Insurance Litigation Committee Newsletter, Summer 2014 • “The Duty to Defend – When Does It End?” USLAW Magazine, Spring/Summer 2014 • “State of Oregon Compendium of Construction Law,” USLAW NETWORK, Inc., March 13, 2014 • “Washington Court Refines Doctrine of Equitable Subrogation,” ABA Title Insurance Litigation Committee Newsletter, Summer 2012 • “Update on Oregon’s Prompt Payment Act,” OSB Construction Law Newsletter, Issue 42, March 2012

Education • 1995, J.D., Willamette University College of Law • 1991, B.A., University of California, Los Angeles, cum laude

® 72 Picadio Sneath Miller & Norton, P.C. PENNSYLVANIA

Biography and Experience Mr. Ludwikowski has practiced in the construction law area for over 20 years. He has represented parties in state and federal courts as well as before the American Arbitration association. He has represented lenders, sureties, owners, contractors, subcontractors and materialmen and his experience ranges from mechanics lien matters, and seeking payment for unpaid invoices and change orders, to building defect cases and matters involving changed specifications.

Jeffrey J. Ludwikowski Construction Industry Group Membership Picadio Sneath Miller & • ACBA Construction Practice Group Norton, P.C. Four Gateway Center 444 Liberty Avenue Suite 1105 Representative Seminars Pittsburgh, PA 15222 (412) 288-4012 Office • “Construction Insurance and Disputes,” National Business Institute, April, 2012 • “The Mechanics of Pennsylvania Civil Procedure,” National Business Institute, April, 2011 (412) 288-2405 Fax • “Proper Witness Preparation for Depositions,” Cape Education, April, 2011 (412) 288-4000 Alternative • “Trials in the Real World: How Things are Done in the Federal Court of Western Pennsylvania,” Academy of Trial Lawyers of [email protected] Allegheny County, March, 2011 www.psmn.com • “Legal and Practical Considerations for Operating a Small Business,” National Business Institute, August, 2006 • “Counseling the Startup Business Client in Pennsylvania,” National Business Institute, May, 2005 • “Recent Developments in Federal Practice,” Pennsylvania Bar Institute, 1998

Education • 1987, J.D., Southwestern University School of Law, cum laude • 1983, B.A., University of Southern California

® 73 Picadio Sneath Miller & Norton, P.C. PENNSYLVANIA

Biography and Experience Mr. Sneath has extensive federal and state court trial experience in cases involving construction matters. He has tried over 95 cases to jury and non-jury verdict in Federal and State Court jurisdictions and has helped clients resolve disputes through a variety of Alternative Dispute Resolution Procedures. Two of Mr. Sneath’s representative cases follow. American Atlas Corporation v. Allegheny County Industrial Development Authority – Federal District Court (Pittsburgh, Pa.) Obtained summary judgment on behalf of defendant in multi-million dollar breach of contract and tort action. Plaintiff alleged that it was the successful low bidder on a large environmental remediation and construction project and brought claims against the defendant alleging a failure to award the bid to the lowest responsible bidder. Plaintiff sought $26 million in compensatory damages and asked for punitive damages. On our motion, summary judgment was obtained on behalf of the defendant and the District Court’s ruling was upheld by the United States Henry M. Sneath Circuit Court of Appeals and certiorari to the United States Supreme Court was denied. Handled the prosecution of the un- Picadio Sneath Miller & derlying claims and with a fellow partner, all appellate claims arising therefrom. Norton, P.C. Large National Retailer v. Design-Build Contractor and Cement Floor Contractors (Names Protected) – Schuylkill County Four Gateway Center (Hazelton, Pa.) On behalf of Defendant Design-Build Contractor, resolved alleged construction defect claims arising out of the 444 Liberty Avenue design, manufacture, and installation of a “superflat” cement floor in a large distribution center warehouse. Suite 1105 Pittsburgh, PA 15222 (412) 288-4013 Office (412) 288-2405 Fax Education (412) 418-7887 Cell (412) 288-4000 Alternative • 1983, J.D., Duquesne University School of Law • 1980, B.A., Hamilton College [email protected] www.psmn.com

® 74 Pion, Nerone, Girman, Winslow & Smith, P.C. PENNSYLVANIA

Biography and Experience With more than 10 years of legal experience, Christopher has significant experience defending architects, engineers, contractors and construction managers in all aspects of design and construction litigation, including both economic and personal injury claims. Specifically, Chris has prosecuted mechanic’s lien claims in different states and defends claims for contract funds, change orders, labor inefficiencies, delays, and other direct and indirect costs. In addition, he prepares and revises contracts for many projects.

Christopher J. Construction Industry Group Membership McCabe • DRI Construction Law Group • ABA Construction Law Group Pion, Nerone, Girman, Winslow & Smith, P.C. 1500 One Gateway Center 420 Ft. Duquesne Blvd. Education Pittsburgh, PA 15222 • 2002, J.D., Duquesne University School of Law (412) 281-2288 Office • 1999, B.A., History/American Studies, Dickinson College (412) 281-3388 Fax (412) 721-5556 Cell (724) 935-0363 Home (412) 667-6226 Alternative [email protected] www.pionlaw.com

® 75 Sweeney & Sheehan, P.C. PENNSYLVANIA

Biography and Experience Louis Vogel has been practicing construction law since admission to the Pennsylvania and New Jersey bars in 2012, with par- ticular emphasis on the defense of design professionals in professional liability claims. Sweeney & Sheehan, P.C. is a member of the Associated General Contractors of America (AGC).

Louis J. Vogel, Jr. Education Sweeney & Sheehan, P.C. • 2012, J.D., Villanova School of Law 1515 Market Street • 2009, B.A., History, University of Pennsylvania Suite 1900 Philadelphia, PA 19102 (215) 963-2477 Office (215) 557-0999 Fax (856) 261-3209 Cell louis.vogel@ sweeneyfirm.com www.sweeneyfirm.com

® 76 Adler Pollock & Sheehan P.C. RHODE ISLAND

Biography and Experience James Hall has over 14 years of experience representing diverse members of the construction community including general contractors, subcontractors, owners, architects, engineers and suppliers. James provides a full range of construction-related services, including the enforcement of mechanic lien claims, bond claims, contract review and drafting, as well as public construction claims on both the state and municipal level. James has litigated matters for clients in federal and state courts and before boards of contract appeals. He has experience in alternative dispute resolution, helping his clients resolve disputes via arbitration and mediation. James is also a member of Adler Pollock & Sheehan’s land use and zoning practice groups, through which he works the firm’s real estate development clients. James dedicates over fifty percent of his practice to construction related matters. Adler Pollock & Sheehan P.C. is a member of the Associated General Contractors of America (AGC). James A. Hall Adler Pollock & Sheehan P.C. One Citizens Plaza 8th Floor Providence, RI 02903 Construction Industry Group Membership (401) 274-7200 Office (401) 351-4607 Fax • U.S. Green Building Council, Rhode Island Chapter [email protected] www.apslaw.com

Representative Seminars • “Practical and Ethical Pitfalls of Practicing Against Pro Se Litigants,” Seminar Speaker and Panelist (Chair of Rhode Island Bar Assoc. Bench/Bar Committee), June 11, 2010 • “Rhode Island Mechanics’ Lien Procedure,” National Business Institute, Seminar Speaker, Fall 2008

Representative Articles • “Rhode Island Amended Mechanics’ Lien Statute,” Construction Lending News, V 27; Second Quarter 2009

Education • 1999, J.D., Loyola University • 1995, M.P.A., Public Administration, University of Rhode Island • 1993, B.A., Political Science, University of Rhode Island

® 77 Sweeny, Wingate & Barrow, P.A. SOUTH CAROLINA

Biography and Experience Rett Kendall is a trial lawyer who concentrates in the areas of construction defect, products liability and commercial litigation. He represents clients throughout South Carolina in both state and local jurisdictions, before arbitration panels and in trial and appellate courts. Mr. Kendall holds a Bachelor’s Degree from Furman University, and a J.D. and M.B.A. from the University of South Carolina. He has been practicing with Sweeny, Wingate & Barrow, P.A. since graduating in 1996, where he leads the Construction practice group. Rett represents General Contractors, trades and products manufacturers in contract and defect disputes throughout South Carolina.

Everett A. Kendall, II Sweeny, Wingate & Barrow, P.A. 1515 Lady Street Columbia, SC 29201 Construction Industry Group Membership (803) 256-2233 Office • DRI Construction Practice Group • S.C. Construction Section (803) 256-9177 Fax (803) 238-5167 Cell (803) 776-9044 Home [email protected] www.swblaw.com

Representative Seminars • “Developments in Indemnity and Additional Insured Provisions,” NAHB International Builders Show, January 2014 • “BIM Contract Negotiation Strategies,” AGC Annual Convention, March 2013

Education • 1996, J.D., University of South Carolina • 1996, M.B.A., University of South Carolina • 1990, B.A., Business Administration, Furman University

® 78 Riter, Rogers, Wattier & Northrup, LLP SOUTH DAKOTA

Biography and Experience Bob Riter joined the firm in 1973. His legal efforts are focused principally upon litigation and trial work in all courts in this state, with a concentration in the defense practice. He also spends significant time appearing before state administrative bodies, and engaging in lobbying and legislative work. Robert Riter has 25 years defending companies involved in construction projects. Approximately 5% of his practice is devoted to construction matters. Professional memberships include: State Board of South Dakota (Commission and Past Chair of Ethics Committee, Administrative Law Committee and Continuing Legal Education Committee); Defense Research Institute (DRI) (State Representative, 1994-1999 Member, Board of Directors, 1999-2003); South Dakota Defense Lawyers Association (Past President 1994-1995); Fellow, American Bar Foundation; American Board of Trial Advocates; American College of Trial Lawyers. Bob has lectured and given presentations before Insurance law classes at the University of South Dakota, School of Law, Robert C. Riter Continuing Education programs of the South Dakota State Bar, and Defense Research Institute (DRI) gatherings. He has also Riter, Rogers, Wattier & authored law review articles on the patient/physician privilege and civil justice reform. Northrup, LLP 319 S. Coteau P. O. Box 280 Pierre, SD 57501 (605) 224-5825 Office Representative Articles (605) 224-7102 Fax • Co-Author, “An Invitation for Lawyers’ Participation in Civil Justice Reform,” 42 South Dakota Law Review 243 (605) 280-4669 Cell (605) 223-9315 Home [email protected] www.riterlaw.com Education • 1973, J.D., University of South Dakota • 1970, B.S., University of South Dakota

® 79 Martin, Tate, Morrow & Marston, P.C. TENNESSEE

Biography and Experience Richard Carter has handed construction litigation and arbitrations for more than twenty years. Cases on which he has worked have involved alleged structural defects leading to roof collapse; improper waterproofing membrane design and application; improper application of EIFS; inadequate earthwork and soils testing leading to structural deflection. He has also handled cases based on CPM schedule-time delay claims.

Richard M. Carter Martin, Tate, Morrow & Education Marston, P.C. • 1980, J.D., Memphis State University School of Law 6410 Poplar Avenue • 1973, B.S., United States Military Academy Suite 1000 Memphis, TN 38119 (901) 522-9000 Office (901) 527-3746 Fax (901) 340-8044 Cell (901) 683-1177 Home [email protected] www.martintate.com

® 80 Martin, Tate, Morrow & Marston, P.C. TENNESSEE

Biography and Experience Shea Wellford has represented construction industry clients since becoming licensed in 1994 and joining Martin Tate. Her experience includes representing general contractors, subcontractors, and REITs in drafting and negotiating construction contracts, construction defect and delay litigation, Prompt Pay Act and Miller Act matters, and other construction-related litigation and arbitration. She also represents construction clients on coverage issues, actively monitors insurance-appointed counsel on behalf of her clients, and negotiates coverage on behalf of her clients with their insurers. In addition, Shea has represented lenders in suits brought by contractors for payment and lender liability type claims. In 2014, she was named Construction Lawyer of the Year (Memphis, Best Lawyers in America).

Shea S. Wellford Martin, Tate, Morrow & Marston, P.C. 6410 Poplar Avenue Suite 1000 Education Memphis, TN 38119 • 1994, J.D., University of Memphis, Cecil C. Humphreys School of Law, with high honors (901) 522-9000 Office • 1991, B.A. English, Vanderbilt University (901) 527-3746 Fax (901) 210-5176 Cell (901) 328-2353 Alternative sheawellford@martin tate.com www.martintate.com

® 81 Cox Smith Matthews Incorporated TEXAS

Biography and Experience Brett has practiced in aspects of the construction law industry virtually his whole legal career since 1990, with increased emphasis on construction law matters as a larger percentage of his practice in the last 10 years. Construction law currently comprises about 50% of Brett’s law practice. Brett’s practice focuses on representation of owners, developers and contractors in virtually all aspects of the construction industry, including contract formation and disputes, construction defect litigation, lien, bond and payment disputes and insurance and indemnity issues. Cox Smith Matthews is member of the Association of General Contractors and the Association of Builders and Contractors. Cox Smith Matthews has been rated as the top construction law firm in San Antonio by the San Antonio Business Journal for 2011-2014. Brett W. Schouest Cox Smith Matthews Incorporated Construction Industry Group Membership 112 East Pecan, Suite 1800 San Antonio, TX 78205 • State Bar of Texas, Construction Law Section • Construction Financial Management Association, San (210) 554-5269 Office • San Antonio Bar Association, Construction Law Section, Antonio Chapter (210) 226-8395 Fax Board Member and Past Chair • Associated General Contractors • Associated Builders and Contractors (210) 554-5500 Alternative [email protected] www.coxsmith.com

Representative Seminars • “Faulty Work or Faulty Coverage,” Panelist, USLAW Client Conference, Spring 2012 • “Recent Texas Legislative Changes on Insurance and Indemnity in Construction Contracts,” San Antonio Chapter of Construction Financial Management Association, November, 2011 • “Insurance and Indemnity,” Cox Smith Matthews Client Presentation, June, 2011 • “OSHA Administrative Hearing: The New Battleground,” Panelist, USLAW Client Conference, Spring 2011

Representative Articles • “Court Ruling Weighs In on Homebuilder Insurance Coverage,” San Antonio Business Journal, October, 2007

Education • 1990, J.D., Duke University School of Law • 1987, B.S., Finance, Louisiana State University, cum laude

® 82 Cox Smith Matthews Incorporated TEXAS

Biography and Experience David counsels and represents developers and owners in drafting and negotiating contracts and obtaining land approval; as well as in controversies that involve bid protests and mistakes, cost disputes, design error, defective installation and contract disputes. Cox Smith Matthews is member of the Association of General Contractors and the Association of Builders and Contractors.

Construction Industry Group Membership David A. Vanderhider Cox Smith Matthews • Association of General Contractors • Association of Builders and Contractors Incorporated 112 East Pecan, Suite 1800 San Antonio, TX 78205 (210) 554-5500 Office (210) 226-8395 Fax dvanderhider@ Education coxsmith.com • 2009, J.D., St. Mary’s University School of Law, summa cum laude www.coxsmith.com • 2006, B.A., Baylor University, Honors Program

® 83 Fee, Smith, Sharp & Vitullo, L.L.P. TEXAS

Biography and Experience Mr. Derks has practiced as a construction attorney for 10 years. Approximately 85% of his case load involves defending construction related claims and allegations. He has defended national construction companies as well as companies whose primary construction activities take place in the State of Texas. The primary focus of his practice is construction defect related defense work, however, he also defends companies against claims involving worksite injuries, product liability, contractual disputes, and indemnity and insurance disputes. Fee, Smith, Sharp & Vitullo, L.L.P. is a member of the Associated General Contractors of America (AGC).

Paul A. Derks Fee, Smith, Sharp & Construction Industry Group Membership Vitullo, L.L.P. •DRI • Dallas Bar Association Construction Group Three Galleria Tower • Texas Association of Defense Counsel •AGC Suite 1000 13155 Noel Road Dallas, TX 75240 (972) 980-3295 Office (972) 934-9200 Fax Representative Seminars (214) 641-4726 Cell • “Contractual Liability and Indemnity Issues in Construction,” Union Standard Underwriting Seminar, May 2011 (972) 934-9100 Alternative • “Construction Defect Claims – Where Do We Begin?,” Union Standard CE Presentation, October 2010 [email protected] • “Construction Defect Claims – An Overview,” America First CE Presentation, April 2009 www.feesmith.com • “Construction Claim Pitfalls,” AON CE Presentation, February 2009 • “First Party Construction Claims,” FSSV Client Seminar, November 2006

Education • 1999, J.D., University of Tulsa • 1995, B.A., History, Loyola University

® 84 Fee, Smith, Sharp & Vitullo, L.L.P. TEXAS

Biography and Experience Tom Fee has litigated high exposure construction cases involving personal injury/wrongful death and construction defects for more than two decades. Tom represents both general and sub-contractors who are involved in the construction of commercial buildings, stadiums and highways. For the last 5-6 years, Tom Fee has also represented several architects and engineers involved in construction. See Tom Fee’s personal Bio at www.feesmith.com for recent trials and cases handled. Tom Fee has tried more than 60 cases to verdict in both state and federal courts throughout Texas. Tom is an AV Rated Preeminent attorney by Martindale-Hubbell and has been selected as a Texas Super Lawyer in 2005 through 2014. Mr. Fee has also been selected as one of Dallas’ Best Lawyers in 2013 and 2014. Fee, Smith, Sharp & Vitullo, L.L.P. is a member of the Associated General Contractors of America (AGC). Thomas W. Fee Fee, Smith, Sharp & Vitullo, L.L.P. Three Galleria Tower Construction Industry Group Membership Suite 1000 •DRI • Dallas Bar Association Construction Group 13155 Noel Road • Texas Association of Defense Counsel • AGC (Dallas Chapter ABC) Dallas, TX 75240 (972) 980-3259 Office (972) 934-9200 Fax (214) 418-0300 Cell [email protected] Representative Seminars www.feesmith.com • Speaker on various topics related to utility industry with emphasis on gas pipeline distribution, AEGIS Roundtable 2009, 2010 and 2011 • Chair for USLAW Construction Track – Spring 2011 • Speaker/Panelist, “Managing The Media,” A Case Study of the Dallas Cowboys Practice Facility Collapse, USLAW Conference, Construction Tract, Spring 2011

Representative Articles • Litigating the Catastrophic Injury Case • Handling Trucking Litigation in Texas

Education • 1991, J.D., Paul M. Hebert Law Center, Louisiana State University • 1987, B.S., Louisiana State University

® 85 Fee, Smith, Sharp & Vitullo, L.L.P. TEXAS

Biography and Experience Mike Sharp has been involved with commercial construction law involving construction defect, property damage, wrongful death, contractual enforcement, and bodily injury matters for over 10 years. Mike has represented both international and national construction companies, developers, contractors, subcontractors and insurance companies in federal and state courts throughout Texas. Mike has personally tried numerous wrongful death and catastrophic injury cases to verdict in these courts. Over 20% of Mike’s practice is dedicated to the representation of construction clients. Fee, Smith, Sharp & Vitullo, L.L.P. is a member of the Associated General Contractors of America (AGC).

Michael P. Sharp Fee, Smith, Sharp & Construction Industry Group Membership Vitullo, L.L.P. •DRI • Council on Litigation Management (CLM) Three Galleria Tower • USLAW Construction Practice Group • RIMS Suite 1000 • Associated General Contractors of America (AGC) • Texas Association of Defense Counsel 13155 Noel Road Dallas, TX 75240 (972) 934-9100 Office (972) 934-9200 Fax Representative Seminars (214) 418-3400 Cell (214) 363-7373 Home • “Liability for the Criminal Acts of Others,” National Restaurant Association, Risk & Safety Managers Executive Study Group [email protected] • “Construction Trends Across the Nation,” USLAW NETWORK Client Conference www.feesmith.com • “Evaluating Construction Contracts – Tenders of Defense and Indemnity,” FSSV Client Conference, Zurich North American Conference of Construction Professionals • “Preparing & Presenting The Corporate Representative,” ATA Litigation Forum for Motor Carrier General Counsel • “What’s it Worth?,” Council on Litigation Management Annual Conference, 2011 • “Transfer of Risk in Construction Defect,” Nautilus Insurance Group, Scottsdale, AZ, September 2009 • “Construction Defect Claims,” Nautilus Insurance Group, Scottsdale, AZ, September 2009

Education • 1991, J.D., Louisiana State University • 1988, B.S., Finance, Louisiana State University

® 86 Johnson, Trent, West & Taylor, L.L.P. TEXAS

Biography and Experience Mr. Mermis has represented general contractors, subcontractors, suppliers, manufacturers, developers and owners on substantial construction projects, including condominium high-rises, master-planned residential communities, single-family homes, public buildings, mid-rise apartments and commercial projects. His experience also includes the prosecution and defense of a variety of construction-related issues before State and Federal Courts, including matters related to mechanic’s liens; performance and payment bonds; differing site conditions; water rights; breach of contract; construction-defect claims; delay claims; and termination of contracts. Mr. Mermis has been named a Rising Star in Construction Litigation by Texas Monthly Magazine in 2010 and 2011, and a Top Lawyer in Construction Law in H Texas Magazine in 2011. Johnson, Trent, West & Taylor, L.L.P. is a member of the Associated General Contractors of America (AGC). Joshua W. Mermis Johnson, Trent, West & Taylor, L.L.P. 919 Milam, Suite 1700 Construction Industry Group Membership Houston, TX 77002 • Texas State Bar – Construction Law Section • DRI – Construction Section (713) 860-0549 Office • Houston Bar Association – Construction Group • Texas Association of Defense Counsel (713) 222-2226 Fax • Associated General Contractors – Houston Chapter • Institute for Energy Law Advisory Board (832) 244-3189 Cell [email protected] www.johnsontrent.com Representative Articles • "Shale Gas Boom: Hydraulic Fracturing and Potential Legal Claims," Rigzone.com, June, 2012 • Co-Author “Compendium of Texas Construction Law,” USLAW NETWORK Construction Practice Group, 2010

Education • 2002, J.D., University of Texas • 1999, B.A., English/Political Science, University of Kansas

® 87 Johnson, Trent, West & Taylor, L.L.P. TEXAS

Biography and Experience Rafe Taylor is a native Texan and has been an associate, partner and managing partner at Johnson, Trent, West & Taylor, L.L.P.. He has 20 years of experience representing clients ranging from entrepreneurs to Fortune 500 companies in litigation matters extending from bet-the-company cases to more routine litigation in the areas of construction, products liability, professional liability, commercial, oil-and-gas and contract matters. Mr. Taylor has skillfully navigated these clients through the discovery, arbitration, trial and appellate processes. He represented one of the nation's largest privately held homebuilders in disputes related to more than 450 homes in the Houston, Texas area. His work generally consists of complex litigation, including trial and appellate work in both federal and state jurisdictions. Johnson, Trent, West & Taylor, L.L.P. is a member of the Associated General Contractors of America (AGC). Raphael (“Rafe”) Taylor Johnson, Trent, West & Construction Industry Group Membership Taylor, L.L.P. 919 Milam Street • Fellow of the Texas Bar Foundation • Houston Bar Association • Associated General Contractors of America (AGC) Suite 1700 Houston, TX 77002 (713) 860-0520 Office (713) 222-2226 Fax (713) 628-4333 Cell Education (713) 682-1708 Home • 1993, J.D., University of Houston Law Center, Distinguished Service Award [email protected] • 1990, B.S., University of Texas, with honors www.johnsontrent.com

® 88 Johnson, Trent, West & Taylor, L.L.P. TEXAS

Biography and Experience Lawrence J. West, is a founding partner of Johnson, Trent, West & Taylor. He practices in the areas of construction defect, premises liability and complex commercial litigation. For more than twenty years he has defended general contractors, developers, subcontractors and small business owners in construction defect and work site accidents. He has been recognized as a leader by his peers and has an AV Preeminent rating, the highest rating given by Martindale-Hubbell in legal ability and ethical standards. He is an active member of the Construction Law Practice Group of USLAW and DRI. He is a Co-Author of the Compendium of Texas Law for the USLAW NETWORK. He is also part of the USLAW Rapid Response Team. He has served on the faculty of the State Bar of Texas Expert Witness Group. In addition to trying cases, Mr. West has appealed cases to the Supreme Court of Texas and on more than one occasion, persuaded the Supreme Court to overrule an Appellate Court decision. Lawrence J. West Johnson, Trent, West & Taylor, L.L.P. is a member of the Associated General Contractors of America (AGC). Johnson, Trent, West & Taylor, L.L.P. 919 Milam, Suite 1700 Houston, TX 77002 Construction Industry Group Membership (713) 860-0512 Office • Construction Practice Group – USLAW NETWORK • AGC – Texas Chapter (713) 222-2226 Fax • Construction Law Section – State Bar of Texas • Construction Practice Group – IADC (713) 253-3024 Cell • Construction Practice Group – DRI [email protected] www.johnsontrent.com

Representative Seminars • "Risk Shifting Provisions in Commercial Contracts," IADC, August, 2012 • "Requirements for Additional Insurance Coverage," IADC, August, 2012 • "Preparing the Expert Witness for Deposition," FEWA, Spring 2012 • "Top 10 Provisions in a Construction Contract," USLAW NETWORK Client Conference, Spring 2012 • “Making an Additional Insured Claim,” USLAW NETWORK Client Conference, Spring 2011 • “Dallas Cowboys Practice Facility Collapse,” USLAW NETWORK Client Conference, Spring 2011

Representative Articles • Co-Author "Compendium of Texas Construction Law," USLAW Construction Practice Group, 2012 • Co-Author “Compendium of Texas Construction Law,” USLAW Construction Practice Group, 2010

Education • 1988, J.D., SMU School of Law • 1984, B.B.A., Finance, The University of Texas at Austin

® 89 Strong & Hanni, PC UTAH

Biography and Experience Stanford P. Fitts is a partner in Strong & Hanni’s Salt Lake City office. His practice concentrates in Construction and Design-Build Law, Construction Defect and Design Liability Defense, Insurance and Surety Defense, Business Law, Real Estate, Employment Law and Commercial Litigation. He assists clients with construction contract negotiation, mechanics lien and bond claims, changed conditions and delay claims, contract disputes, bid protests and disputes, government contracting issues, and all types of construction and design matters. He has represented and defended construction and design-build firms, architects, engineers and design professionals, insurance and surety companies, businesses and commercial clients in a variety of complex, multi-party, multi-million dollar matters, including numerous trials to verdict, in both state and federal court. Rated “AV” by Martindale-Hubbell. Recognized in Mountain States Super Lawyers listing of top attorneys in Utah. Recognized in Utah Business Magazine’s “Utah Legal Elite” listing for “the best and the brightest among Utah’s attorneys.” (2004-2010; Commercial Stanford P. Fitts and Construction attorneys). Selected for Rocky Mountain Super Lawyers listing of construction attorneys. Strong & Hanni, PC Strong & Hanni is a member of the Associated General Contractors of America (AGC). 102 South 200 East Suite 800 Salt Lake City, UT 84111 (801) 532-7080 Office (801) 596-1508 Fax Construction Industry Group Membership (801) 910-1751 Cell • Member, AGC – Utah Chapter (Legal Advisory • Member DRI Construction (Past Chair, Delay Claims (801) 531-9709 Home Committee, 2000-2002; Education Council) Committee, Design Professional Committee) (801) 323-2114 Alternative • Chair, USLAW Construction Practice Group (2010-2011) • Member, ABA Construction Forum [email protected] • Chair, Construction Law Section, Utah State Bar • Member, National Home Builders Association www.strongandhanni.com Association, 2005-2006 (Construction Law Attorney Forum)

Representative Seminars • “Dallas Cowboy Practice Facility Collapse,” USLAW Construction, April 2011 • “Green and Sustainable Construction,” DRI Construction, October 2010 • “Green and Sustainable Construction,” AGC-Utah Convention, January 2010 • “Construction Changes, Differing Site Conditions and Delays,” USLAW Construction, March 2008 • “Managing Construction Projects, Construction and Design Defect Liability,” Lorman, December 2007 • “Public Contracts and Procurement Regulations,” Lorman, May 2006 • “Construction Scheduling in Utah,” Lorman, March 2006 • “Construction Management/Design Build in Utah,” Lorman, June 2005 • “Public Construction Contracting,” Lorman, September 2002

Representative Articles • “Overview of Construction and Design Defect Law,” Strong & Hanni, June 2005

Education • 1986, J.D., University of Utah College of Law, Utah Law Review, William H. Leary Scholar, American Jurisprudence Award recipient • 1983, B.A., Finance, University of Utah, cum laude

® 90 LeClairRyan VIRGINIA

Biography and Experience Jack Robb is a partner on LeClairRyan’s Construction Industry Team. Jack has been practicing construction law for eight years. Nearly 100% of his practice focuses on construction related areas of the law representing owners, developers, contractors, architects and engineers. His work includes reviewing contracts, litigating disputes, advice regarding real estate development and land use issues, and collecting payments. Jack has been named a “Rising Star” by Law and Politics Magazine and a “Legal Elite” Young Lawyer by Virginia Business Magazine. LeClairRyan is a member of the Associated General Contractors of America (AGC).

John “Jack” M. Robb, III LeClairRyan Construction Industry Group Membership 951 East Byrd Street • American Bar Association Forum On Construction Law • Virginia Bar Association Construction and Public Richmond, VA 23219 • Virginia State Bar Construction Law & Public Contracts Contracts Law Section (804) 915-4138 Office Section (804) 916-7238 Fax (804) 514-9451 Cell (804) 514-9451 Home [email protected] www.leclairryan.com Representative Seminars • “Construction Law,” University of Richmond School of Law, Adjunct Professor, February 2015 • “Recent Developments in Construction Law & Public Contracts,” 35th Annual Construction & Public Contracts Law Seminar for the Virginia State Bar, November 8, 2014 • “Intellectual Property Essentials for Engineers,” Half Moon Seminars, November 6, 2014 • “The AIA Agreement Between Owner and Contractor,” Lorman, July 25, 2014

Representative Articles • Commonwealth of Virginia Construction Law Compendium, USLAW NETWORK, February, 2015 • “2014 Recent Developments in Construction Law & Public Contracts,” 35th Annual Construction & Public Contracts Law Seminar Course Materials, November 8, 2014 • “The AIA Agreement Between Owner and Contractor (Standard Forms A101-2007 and A102-2007),” Lorman Course Materials, July 25, 2014 • “Tips For Contract Drafting And Negotiation,” Virginia State Bar’s Opening Statement, March 4, 2014 • “2012 Recent Developments in Construction Law & Public Contracts,” 33rd Annual Construction & Public Contracts Law Seminar Course Materials, November 3, 2012 • “2011 Recent Developments in Construction Law & Public Contracts,” 32nd Annual Construction & Public Contracts Law Seminar Course Materials, November 5, 2011

Education • 2006, J.D., University of Richmond T.C. Williams School of Law, cum laude • 2002, B.A., Economics, Washington & Lee University, cum laude

® 91 LeClairRyan VIRGINIA

Biography and Experience Tom is a trial attorney with 37 years of experience in construction law. He heads the Construction Industry Team and the General Counsel Group of LeClairRyan, a firm of approximately 400 lawyers. Tom has taught Construction Law at the T.C. Williams School of Law, University of Richmond since 1986 and has chaired the Virginia State Bar Construction and Public Contracts Law Section. He has been lead counsel in billion dollar cases involving construction and has tried more than 40 cases to verdict with a jury. Tom has obtained numerous multi-million dollar verdicts for clients, including two verdicts plaintiffs in construction/real estate matters exceeded $10M each. Tom is a frequent lecturer to bar and industry groups on construction-related legal topics and has been recognized by “Best Lawyers in America” for Commercial Litigation and for Construction Law. LeClairRyan is a member of the Associated General Contractors of America (AGC). Thomas M. Wolf LeClairRyan 951 East Byrd Street Richmond, VA 23219 Construction Industry Group Membership (804) 916-7143 Office (804) 916-7243 Fax • ABA Construction Industry Forum • Virginia Bar Association Construction Law and Public (804) 714-7420 Cell • AGC of Virginia Contracts Section (Board of Governors) thomas.wolf@ • Virginia State Bar Construction and Public Contracts Law leclairryan.com Section (former chairman) www.leclairryan.com

Representative Seminars • Tom has been a speaker at the annual seminar of the Virginia State Bar on Construction and Public Contracts Law for each of the last 25 years.

Representative Articles • Virginia Engineering Law, Foxmoor Continuing Education, 2014, co-author • Virginia Construction Law Deskbook, Chapter One, Overview, Virginia CLE Publications, 2011 • Delay Clauses in International Construction Contracts, Chapter on USLAW, Wolters Kluwer, 2010 • Construction Management/Design-Build In Virginia – Minimizing Risk and Maximizing Profit, Lorman Education, 2003, co-author • Solving Water Intrusion and Mold Problems in Virginia, Lorman Education, 2002, co-author • Construction Claims Management, Cambridge Institute, 1997 • Contributing author, State-by-State Survey of Statutes of Repose, American Bar Association, 1994 • “Virginia’s Mechanic’s Lien Statute: Needed Improvements to Make It Work,” Virginia Lawyer, September 1991 • “The Mechanic’s Lien in Virginia—A Statute Unperfected,” Virginia Bar Association Journal, Fall 1990

Education • 1978, J.D., Vanderbilt University School of Law • 1973, B.A., English/Political Science, Vanderbilt University

® 92 Williams Kastner WASHINGTON

Biography and Experience Bob Manlowe is a member in Williams Kastner’s Seattle office. His practice involves Complex Litigation Management, ESI/e- Discovery consultation services, Crisis Management and Media Relations. He currently serves on the Crisis Management Teams for several companies in the product manufacturing, construction and industrial sectors. Mr. Manlowe, as the co-chair of the Washington Construction Safety Task Force, brought labor, management and government leaders together to develop the “Safety Plus” pilot program for the Washington State Department of Labor & Industries and OSHA. He also co-authored the nationally recognized training video, “Safety on Trial.” As a result of his achievements, Mr. Manlowe received the President’s Award from the Associated General Contractors of Washington and the Washington State Governor’s Construction Safety Award. Mr. Manlowe has over 20 years of experience as a construction attorney. Robert C. Manlowe Williams Kastner 601 Union Street Suite 4100 Construction Industry Group Membership Seattle, WA 98101 • Board of Directors, International Association of Defense (206) 628-2777 Office Counsel Construction and Litigation Committee, 2005-2008 (206) 628-6611 Fax (206) 423-0278 Cell (206) 232-0924 Home bmanlowe@williams Representative Seminars kastner.com www.williamskastner.com • Moderator, “Navigating the Stormy Waters of Cyber Security: Do not be afraid!" IADC Corporate Counsel College, Chicago, Illinois, April 10, 2014 • Moderator, “Law Office 2020 – See the Future Today!,” IADC Midyear Meeting, Carlsbad, CA, February 11, 2014 • Speaker, “21st Century Crisis Management: From Catastrophic Incident Response to Cyber Information Breach,” Oregon Governor’s Occupational Safety & Health (GOSH) Conference, Portland OR, March 6, 2013 • Moderator, “Cloudy Days Ahead: Cloud Computing and Litigation,” IADC Annual Meeting, Asheville, NC, July 11, 2012 • Co-Moderator, “Presenting Your Case With a Tablet,” IADC Regional Meeting, Seattle, WA, May 22, 2012 • Co-Speaker, "The Effective Use of Courtroom Technology," IADC Annual Meeting, Whistler, BC, July 12, 2011 • Co-Speaker, "Cutting-edge Techniques for Providing Your Clients with Cost-effective Services," USLAW Spring Client Conference, Phoenix, AZ, April 2, 2011

Representative Articles • "Literature Refuting Single-Fiber Theory and Zero-No-Threshold/Linear-Dose Model," February, 2012 • “Paradigm Shifts in e-Discovery Litigation: Cooperate or Continue to Pay Dearly,” Defense Counsel Journal, April 1, 2011 • “An Inconvenient Forum – Reining In E-Discovery In the United States,” The Metropolitan Corporate Counsel, February, 2011 • “Paradigm Shifts in E-Discovery Litigation: Cooperate or Continue to Pay Dearly,” November, 2010

Education • 1984, J.D., Seattle University, cum laude • 1981, B.S.E., Civil Engineering, Princeton University

® 93 Williams Kastner WASHINGTON

Biography and Experience Rod Umberger is a member in the Seattle office, where he chairs the Business Litigation Practice Group and has served on the Board of Directors. He is first and foremost a trial lawyer with experience handling premises liability, product liability, toxic tort, transportation, construction, and a variety of commercial disputes. Mr. Umberger’s construction experience is diverse and includes the following: defense of construction defect claims, defense of construction site injury and death claims, and representation of builders, contractors and suppliers in complex construction contract litigation. Mr. Umberger devotes 35% of his practice to construction related matters. Mr. Umberger has been named to Super Lawyers by Super Lawyers magazine for several years and recently was one of only sixteen attorneys in the state of Washington recognized as a top civil litigation defense attorney by the Corporate Counsel Edition of Super Lawyers magazine. He has been "AV Preeminent" peer review rated by Martindale-Hubbell since 1998. Rodney L. Umberger A sampling of Mr. Umberger’s representative clients includes Quanta Services, Potelco, Inc., Cadman, Inc. and Northwest Williams Kastner Underwater Construction, Inc. 601 Union Street Suite 4100 Seattle, WA 98101 (206) 628-2421 Office Construction Industry Group Membership (206) 628-6611 Fax (206) 755-6369 Cell • Washington Defense Trial Lawyers • International Association of Defense Counsel (425) 643-3309 Home • Associated General Contractors of America (AGC) rumberger@williams kastner.com www.williamskastner.com Representative Seminars • “21st Century Trial Presentation Techniques,” USLAW NETWORK Corporate Counsel and Product Liability Exchange Conference, Dallas, Texas, February 2014 • “Defense Perspectives on Corporate Designee Depositions under FRCP 30(b)(6),” USLAW NETWORK Fall Conference, Vancouver, British Columbia, October 4, 2013 • “Cutting-Edge Settlement and Defense Strategies for Complex Litigation,” USLAW NETWORK Spring Client Conference, Laguna Beach, CA, April 10-14, 2012 • “Pressure Points: Today’s Challenges in Building & Maintaining Top-Notch In-House/Outside Counsel Teams,” LexisNexis Martindale-Hubbell Counsel to Counsel Series, Seattle, WA, October 29, 2009 • “Closing Arguments, Litigation Counsel of America,” Spring Conference, Santa Fe, NM, May, 2009 • “DRI Preeminent Trial Lawyer Seminar (Defense Opening Statement),” Defense Research Institute, Chicago, IL, September, 2007

Education • 1987, J.D., University of Tennessee College of Law • 1984, B.A., Furman University

® 94 Axley Brynelson, LLP WISCONSIN

Biography and Experience Mr. Glazer is an experienced construction law attorney. He regularly represents owners, contractors, subcontractors, engineers and architects in preparation of construction contracts, and integrated project delivery documents (including AIA, EJCDC, DBIA and Consensus documents). He also represents clients in mediation, arbitration, and litigation regarding bid disputes, change orders, construction and design defects, differing site condition claims, delay claims, insurance coverage issues, ATCP 110, and lien law claims. Mr. Glazer is the co-author of the Wisconsin Chapter of the State by State Guide to Construction Contracts and Claims (Aspen 2012). He is also the co-author of the Wisconsin chapter of the DRI Construction Litigation Desk Reference, and he authored the chapter for Construction Dispute Resolution for the Inside the Minds series (Aspatore 2010). Learn more at http://www.axley.com/attorney/saul-glazer Saul C. Glazer Axley Brynelson, LLP is a member of the Associated General Contractors of America (AGC). Axley Brynelson, LLP 2 E. Mifflin St., Ste. 200 Madison, WI 53703 (608) 260-2473 Office (608) 257-5444 Fax (608) 957-3134 Cell Construction Industry Group Membership [email protected] www.axley.com • Chair, Wisconsin State Bar Section on Construction and • Vice President of Associate Board, Associated General Public Contracting Contractors of Wisconsin

Representative Seminars • Seminar Speaker – “Cost Plus Public Work & The Miron Matter,” Construction Financial Management Association (CFMA) Legal Update, January 2015 • Seminar Speaker – “Industry Legal Update,” Wisconsin Transportation Builders Association 2015 Contractor–Engineer Conference, January 2015 • Seminar Speaker – “ACEC Recent Construction Cases,” American Council of Engineering Companies Webinar, March 2014 • Seminar Speaker – “Legal Update,” 2014 Wisconsin Transportation Builders Association Annual Convention, February 2014 • Seminar Speaker – “Lien Law in Wisconsin,” Associated Builders and Contractors of Wisconsin, March 2012 • Seminar Speaker – “Contracts Basics,” Associated General Contractors of Wisconsin, February 2012 • Seminar Speaker – “Killer Contract Clauses,” Associated General Contractors of Wisconsin, February 2012 • Seminar Speaker – “Legal Issues in Construction Law,” Central Wisconsin Contractors Association, October 2010

Representative Articles • Article – “Surety’s Liability Limited to Amount of Performance Bond,” Axley.com, January 22, 2014 • Article – “EJCDC Updates Many of its Documents with 2013 Edition C-Series,” Axley.com, June 10, 2013 • Article – “Wisconsin Court of Appeals Rejects Indemnity Claim from General Contractor,” Axley.com, March 3, 2010

Education • 1990, J.D., University of Wisconsin Law School • 1989, M.L.S., Library Science, University of Wisconsin-Madison • 1984, B.S., English, University of Wisconsin-Madison

® 95 Axley Brynelson, LLP WISCONSIN

Biography and Experience Brian Mullins is a partner at the firm of Axley Brynelson, LLP and co-chair of its Construction Law Team. He is also a member of the firm’s Litigation and Business Practice Groups. Brian’s practice focuses on construction and real estate development, entitlement, claims, disputes, contracts and transactional work. He is also experienced in civil, commercial and insurance claims, mediation, arbitration and litigation matters. Brian has over 30 years of experience as an advocate for contractors, owners, developers, public owners, subcontractors, suppliers, insurers and sureties. He was one of the founding members of the 50 State Network of Lien and Bond Attorneys. Brian has been named to the International Who’s Who of Construction Lawyers. He has been selected in nearly every statewide survey of lawyers as one of the state’s top construction, real estate and litigation lawyers, including being named a Best Lawyers® 2015 Construction Law “Lawyer of the Year,” 2014 Litigation – Real Estate “Lawyer of the Year” and 2013 Construction Law Brian W. Mullins “Lawyer of the Year” in Madison. He also frequently serves as a neutral arbitrator, mediator and Dispute Resolution Board Axley Brynelson, LLP (“DRB”) member – and has served on the DRB for several of the largest public works projects. Brian is a graduate engineer and 2 E. Mifflin St., Ste. 200 has received an AV Preeminent® rating from Martindale-Hubbell® Peer Review Ratings™. Madison, WI 53703 Brian has prior experience as a project manager and an owner representative in construction projects. He has represented (608) 260-2471 Office and counseled clients on large and small Wisconsin private developments and public works projects in connection with zoning, municipal and government approvals, public and private financing, development agreements, construction contracts, (608) 257-5444 Fax construction claims, dispute resolution and other legal affairs. [email protected] Learn more at http://www.axley.com/attorney/brian-mullins www.axley.com Axley Brynelson, LLP is a member of the Associated General Contractors of America (AGC).

Construction Industry Group Membership • Member, Past President of Associate Council, Past • Member – Construction Financial Management Member of General Board of Directors – Associated Association General Contractors of Wisconsin • Member – Madison Area Builders Association • Member, Board of Directors, Past Chair – Construction • Member – Wisconsin Builders Association and Public Contract Law Section, State Bar of Wisconsin • Member, Past Board Member – Wisconsin Transportation • Member – American Council of Engineering Companies Builders Association of Wisconsin • Member – Wisconsin Underground Contractors • Member and Chapter Attorney – Associated Builders and Association Contractors of Wisconsin • Member – Wisconsin Earthmovers Association • Former Member, Construction Law Practice Group and • Member – Surety Association of Wisconsin Former Vice Chair – Section of Public Contract Law, • Past Chapter Attorney and Member – Plumbing, American Bar Association Mechanical and Sheet Metal Contractors Association

Representative Seminars • Seminar Speaker and Panelist – “Construction Update for In-House Counsel,” March 2015 • Seminar Speaker – “Construction Industry Legal Update,” Wisconsin Transportation Builders Association 2015 Contractor–Engineer Conference, January 2015 • Seminar Speaker – “Differing Site Conditions,” University of Wisconsin, September 2014 • Seminar Speaker – “Contract Law,” Associated Builders and Contractors, March 2013 • Seminar Speaker – “Key Court Decisions Impacting Contractors,” Wisconsin Transportation Builders Association Annual Convention, February 2013 • Seminar Speaker – “Getting Paid on Construction Projects,” Wisconsin Credit Association, July 2012 • Seminar Speaker – “Wisconsin Lien and Bond Law,” Associated Builders and Contractors Conference, March 2012 • Lecturer – “Legal Aspects of Engineering,” University of Wisconsin College of Engineering

Representative Articles • Book – “Drafter’s Guide to Wisconsin Condominium Documents,” Published by State Bar of Wisconsin, 2014 • Article – “Construction Practices in the New Times: Legal Update,” Plumbing, Mechanical and Sheet Metal Contractors Association, 2011 • Article – “Managing Subcontractor Risk,” Associated General Contractors Association, 2009 • Article – “Wisconsin Construction Lien Law & Collection Techniques,” Construction Financial Management Association, 2009 • Book – Wisconsin Chapter, “Performance Bond Manual,” American Bar Association Publisher, 2006 • Book – “Wisconsin Public Construction Law,” State Public Construction Law Source Book, CCH Incorporated Publisher, 2002 • Book – “Summary of Wisconsin Construction Law,” Chapter, The Credit Manager’s Survival Kit, LGL Publications, Inc., 2000 • Book – Wisconsin Chapter, “Fifty State Construction Lien and Bond Law,” Aspen Law Publisher, 2000

Education • 1980, J.D., University of Wisconsin Law School • 1977, B.S., Civil Engineering, University of Wisconsin-Madison ® 96 Axley Brynelson, LLP WISCONSIN

Biography and Experience Buck Sweeney is a partner at Axley Law Firm practicing in the areas of environmental and construction law, and is co-chair of the firm’s Construction and Transportation Focus Group. Mr. Sweeney is former chair and current board member emeritus of the State Bar of Wisconsin Construction and Public Contract Law Section. Mr. Sweeney is experienced in handling matters dealing with Resource Conservation and Recovery Act, Superfund, air and water issues. His trial experience includes mediation, arbitration and administrative law hearings in environmental and construction law issues. Mr. Sweeney assists in resolution of construction disputes. He has also testified as an expert witness on behalf of the Aggregate Industry on issues relating to min- eral extraction locations. Construction contracting, insurance coverage issues, bid disputes, wetland, OSHA matters, land use matters, siting of gravel pits and other construction law issues make up the balance of his practice. Mr. Sweeney also assists in Wisconsin’s growing frac sand industry and has extensive experience against the Wisconsin Department of Justice. He is also Charles V. (“Buck”) General Counsel for the Aggregate Producers of Wisconsin and represents the aggregate industry in siting, local regulation is- Sweeney sues and litigation. Axley Brynelson, LLP Mr. Sweeney was formerly an engineer at Martin Marietta Aggregate Corporation and previously owned Edgerton Sand & Gravel, Edgerton Ready-Mix Concrete Company and Administrative Services (president of companies involved in sand and 2 E. Mifflin St., Ste. 200 gravel mining, ready-mix concrete industry and operation of a landfill). He once served as director of real estate for ABC Supply, Madison, WI 53703 overseeing acquisition of properties throughout the United States. (608) 283-6743 Office Learn more at http://www.axley.com/attorney/charles-sweeney (608) 257-5444 Fax Axley Brynelson, LLP is a member of the Associated General Contractors of America (AGC). (608) 695-8215 Cell (608) 873-8215 Home [email protected] www.axley.com Construction Industry Group Membership • Member and legal advisor, former associate board mem- • Member – Wisconsin Transportation Builders ber – Aggregate Producers of Wisconsin Environment and Safety Legislative Committees • Member, former associate board member – Wisconsin • Member – Associated General Contractors Transportation Builders Association • Former chair, current board member emeritus – State Bar • Member – Madison Area Builders Association Construction and Public Contract Law Section • Member – Wisconsin Builders Association • Former co-chair – Environmental Auditing Roundtable

Representative Seminars • Seminar Speaker – “Industry Legal Update,” Wisconsin Transportation Builders Association 2015 Contractor–Engineer Conference, January 2015 • Seminar Speaker – “Chapter Trans 401 – Construction Site Erosion Control and Storm Water Management Procedures,” Wisconsin Earth Movers Association Annual Meeting, December 2014 • Seminar Speaker – “Moderator,” WDNR Frac Sand Seminar 2014, March 2014 • Seminar Speaker – “Senate Bill 349: Regulatory Certainty Act – How Will it Affect the Industry?” Aggregate Producers of Wisconsin Annual Convention, December 2013

Representative Articles • Article – “Receiving Just Compensation in Eminent Domain Matters,” Axley.com, July 18, 2014 • Article – “Public Perception Not a Rational Basis for Revoking Conditional Use Permit,” Axley.com, April 4, 2014 • Article – “Landowners and the Recreational Immunity Law in Wisconsin,” Axley.com, March 19, 2014 • Article – “Do You Have the Right to Get Onto a State Highway?” Axley.com, December 3, 2014 • Article – “Shoreland Zoning Trumps Town’s Authority,” Axley.com, October 24, 2013 • Article – “Don’t Build a Road Through the Wetland,” Axley.com, October 8, 2013 • Article – “What Is the Difference Between Engineering and Drafting?” Axley.com, September 3, 2013 • Article – “Wisconsin Supreme Court Issues Key Navigable Water Rights Opinion,” Axley.com, July 16, 2013 • Article – “Mining Legislation in Wisconsin,” Axley.com, February 4, 2013

Education • 1985, J.D., University of Wisconsin Law School • 1975, B.S., Civil Engineering, University of Notre Dame

® 97 Williams, Porter, Day and Neville PC WYOMING

Biography and Experience Ryan Schwartz is a partner with Williams, Porter, Day & Neville PC, and the Chair of the firm’s construction practice group. Ryan has enjoyed a robust construction practice for the past 10 years representing architects, engineers, general contractors, and numerous different types of subcontractors in construction defect litigation. He has also represented insurance carriers in coverage matters arising out of design and construction activities. In recent years, he has represented a construction management firm related to asbestos issues encountered during construction, an architectural firm with respect to alleged defects in the design of a roofing system for a Civic Center, and been involved in litigation involving two large hotel complexes. Ryan is a member of the Wyoming State Bar, and a former president of the Natrona County Bar Association. Ryan is admitted to practice in all Wyoming State District Courts, the U.S. District Court for the District of Wyoming, and the 10th Circuit Court of Appeals. Mr. Schwartz has received a “BV” rating from Martindale-Hubbell. Ryan, and Williams, Porter, Day & Neville PC are also a mem- Ryan J. Schwartz ber of the Wyoming Contractor’s Association. Williams, Porter, Day & Neville PC 159 North Wolcott Suite 400 Construction Industry Group Membership (307) 265-0700 Office (307) 266-2306 Fax • USLAW Construction Litigation Group • Counsel for Litigation Management, Construction (307) 251-1784 Cell • American Bar Association, Section on Construction Litigation Section [email protected] Litigation www.wpdn.net

Representative Articles • “State of Wyoming Section,” USLAW Construction Law Compendium, 2009, 2010, 2012

Education • 2002, J.D., University of Wyoming School of Law • 1998, B.S., Economics, University of Wyoming

® 98 Parlee McLaws LLP CANADA – ALBERTA

Biography and Experience Bob McBean has practiced civil litigation for 29 years and for the past 13 years has focussed on the mediation of commercial and insurance disputes. Bob has been awarded the designation of Chartered Mediator by the ADR Institute of Canada and has completed the Alberta Arbitration and Mediation Society’s Certificate Program in Conflict Management. He has coached and trained other legal professionals in alternative dispute resolution. His coaching and training experience includes seminars for the Legal Education Society of Alberta and the Canadian Bar Association, as well as courses offered to Alberta Crown Prosecutors, Justice Canada lawyers, and U of A law students. Bob has extensive practical experience as a mediator, having mediated in excess of 300 matters in the past 15 years. Bob’s mediation experience has focussed on the resolution of civil litigation claims, including commercial disputes, employment dis- Robert G. putes, professional liability disputes, and personal injury claims. Bob has conducted several arbitrations as sole arbitrator in McBean, Q.C. such matters as commercial, construction, and workers’ benefits disputes. In addition, he has mediated – as a volunteer – nu- Parlee McLaws LLP merous disputes between victims of crime and the accused person. Bob is active in the mediation community, being a member of the Alberta Arbitration & Mediation Society, Past Director of 1500 Manulife Place the Mediation and Restorative Justice Centre, and a member and Past Chair of the Alternative Dispute Resolution Section 10180-101 Street (Northern Alberta) of the Canadian Bar Association. Bob has been a roster mediator for the Court of Queen’s Bench Civil Edmonton, Alberta, Mediation Project since its inception in 2005 and a member of the Roster of Mediators of the Energy and Utilities Board (EUB). Canada T5J 4K1 Born in Swift Current, Saskatchewan, Bob articled with Parlee Irving Henning Mustard & Rodney (now Parlee McLaws) in (780) 423-8580 Office 1977. Bob became an associate with the firm in 1978 and a partner in 1982. Bob was appointed Queen's Counsel (Q.C.) on (780) 423-2870 Fax December 31, 2007. [email protected] www.parlee.com

Education • 1976, LL.B., University of Saskatchewan • 1976, B.A., University of Saskatchewan

® 99 Parlee McLaws LLP CANADA – ALBERTA

Biography and Experience Jim articled at Parlee McLaws and became a partner in the firm in 1982. During his 24 years with Parlee McLaws, Jim has practised exclusively in the area of civil land commercial itigation, initially doing insurance defence work, and thereafter expanding his practice to include matters pertaining to commercial, corporate and banking litigation, copyright infringement claims, construction law, real estate litigation, and royalty claims arising out of the production of oil and gas on aboriginal lands. He has conducted numerous trials, including acting as defence counsel in a claim for lost oil production arising out of a major fire at the Syncrude oil sands plant in 1984, and acted for a developer in an action against a municipality to recover oversizing costs. Most recently, Jim has been involved in a construction-related lawsuit related to defective roofing materials. Jim has also acted as counsel before the Alberta Court of Appeal. Jim has also successfully litigated contaminated land claims and advised clients on matters dealing with various environmental regulatory agencies. Jim was appointed Queen's Counsel (Q.C.) on December 31, 2007. James K. McFadyen, Q.C. Parlee McLaws LLP 1500 Manulife Place 10180-101 Street Education Edmonton, Alberta, • 1976, LL.B., University of Alberta Canada T5J 4K1 • 1973, B.Sc., University of Alberta (780) 423-8550 Office (780) 423-2870 Fax [email protected] www.parlee.com

® 100 Parlee McLaws LLP CANADA – ALBERTA

Biography and Experience A Partner in Parlee McLaws’ Calgary office, Greg’s practice is focused on civil litigation. His clients include a number of nationally prominent companies, for whom he provides counsel with an emphasis on Corporate Commercial disputes including construction and employment matters. He has appeared on numerous occasions in the Court of Queen’s Bench and the Alberta Court of Appeal. Since 1984 a substantial part of Greg’s practice has been in the areas of construction law, builders’ liens and design negligence. Representative cases include: • As co-counsel for a general contractor in a claim of approximately $30,000,000.00 related to engineering negligence and a shoring wall failure. The claim was settled favourably on the eve of trial. The claim involved dozens of experts and issues related to delay and business interruption. Gregory D.M. • A claim involving faulty design and product defects related to the design and manufacture of gas compressors for use in a Stirling, Q.C. large diameter pipeline. The claim is in excess of $10,000,000.00. Parlee McLaws LLP • A claim involving allegations of professional negligence and breach of contract in relation to a design build contract for the construction of substations and a hydroelectric transmission line in the Yukon. The claim involves claims for delay 3300 TD Canada Trust and economic loss. The claim is approximately $15,000,000.00. Tower • A claim on behalf of an owner related to the performance of heavy industrial work in the oil sands. The dispute includes a 421 – 7 Avenue SW claim for economic loss and delay. The claim is just under $40,000,000.00. Calgary, Alberta, Canada • A claim related to the failure of a storm and sanitary line and other design issues related to the construction of a condo- T2P 4K9 minium project. There are numerous claims of negligence against a variety of engineering disciplines. The claim is for (403) 294-7033 Office $9,000,000.00. (403) 767-8874 Fax • Acting on behalf of a general contractor in relation to a dispute concerning the faulty design and installation of tiling and flooring at the Calgary Airport. The claim is in excess of $4,000,000.00. [email protected] • Representing a general contractor in respect of a claim involving an individual who was rendered a quadriplegic allegedly www.parlee.com as a result of construction and design deficiencies in the construction of a skateboard park. It is multi-party litigation, with extensive expert evidence required. • On a multi-jurisdictional claim involving claims of breach of trade secrets, copyright and patent issues involving internal automatic welders. The claim involved lengthy proceedings in Alberta and an Arbitration under the International Commercial Court of Arbitration. • Over the course of Greg’s practice, he has worked with numerous engineers, architects, delay experts and economists related to claims of professional negligence, delay and business interruption loss.

Representative Seminars • Greg has participated in seminars and delivered papers involving corporate/commercial litigation, construction and employment matters. He is a former instructor of the Bar Admission Course and an instructor in the Alberta Trial Advocacy Course.

Education • 1984, LL.B., Dalhousie University • 1981, B.A., University of Guelph

® 101 Clark Wilson LLP CANADA – BRITISH COLUMBIA

Biography and Experience Samantha Ip is a partner of the firm and a member of the Construction & Procurement Group. With 17 years of experience handling construction matters, Samantha has been nationally recognized for her legal work. She has appeared as counsel in the Supreme Court, the Court of Appeal and Federal Court, as well as before administrative tribunals. Samantha resolves claims through alternative dispute resolution for effective risk management. In the construction industry she represents her clients in all facets of a project, including contract drafting and negotiations, lien and deficiency claims, surety bond negotiations and claims, and tender disputes. Samantha assists parties in understanding their rights under the RFQ and RFP process, disputes arising in public private partnership projects, professional negligence claims, and insurance coverage and defence. Samantha is a regular speaker at seminars; she has presented on construction topics for industry associations, including Samantha Ip Buildex Vancouver, Canadian Construction Women, Vancouver Regional Construction Association, and the BC Insurance Clark Wilson LLP Institute. Samantha has also spoken at the BCBEC Annual Conference and AGM on consultants’ legal responsibilities. She was 900-885 West Georgia Street the editor for the Continuing Legal Education Annual Law Review for Construction from 2007 to 2011. Samantha has also been Suite 900 published in Construction Business, Legal Edge, Adjusters Quarterly and Canadian Insurance Top Broker. In addition to English, Vancouver, BC V6C 3H1 Samantha speaks French, Cantonese and Mandarin. (604) 643-3172 Office (604) 687-6314 Fax [email protected] www.cwilson.com Construction Industry Group Membership • Construction, Insurance, and Civil Litigation Sub Sections • Canadian Construction Women of the Canadian Bar Association (CBA) • Vancouver Regional Construction Association

Representative Seminars • “Consultants’ Legal Responsibilities,” BCBEC Annual Conference and AGM, September 26, 2012 • “Mandatory Warranties For Residential Housing – Taking the Mystery out of ‘2-5-10’,” Buildex Vancouver, February, 2012 • “CCDC2 – A Focus on 3 Topics Using Case Studies,” Buildex Vancouver, February 24, 2011

Representative Articles • “The Role of the Consultant in Construction,” Clark Wilson LLP, April, 2009 • “Homeowner Warranties: Taking the Mystery out of ‘2-5-10’,” BCRELinks, August 3, 2007

Education • 1994, LL.B, University of British Columbia • 1991, B.A., University of British Columbia

® 102 Kelly Santini LLP CANADA – ONTARIO

Biography and Experience Shawn O’Connor has over 25 years experience advising commercial builders, materials suppliers and subcontractors as well as homebuilders on construction lien claims and building deficiency claims brought before the Courts and at arbitration hearings. Shawn also represents many insurers on their subrogated property loss claims.

Construction Industry Group Membership • Ottawa Construction Association Shawn O’Connor Kelly Santini LLP 160 Elgin Street, Suite 2401 Ottawa, Ontario K2P 2P7 (613) 238-6321 Office Representative Seminars (613) 233-4553 Fax • Shawn is a regular panelist and presenter on construction law and employment law for the Ottawa Construction [email protected] Association seminars and conferences including: “Construction 101 – Contracts & Tenders,” “Construction Lien Act” and www.kellysantini.com “Employment Law in the Construction Industry.”

Representative Articles • Amendments to WSIB Act for Contractors

Education • 1984, LL.B., University of Ottawa Law School

® 103 Therrien Couture Lawyers L.L.P. CANADA – QUEBEC

Biography and Experience Yannick Crack, director of the Sherbrooke office, has been a partner with the firm since joining in 2011. His practice spans trade and construction litigation as well as drafting a wide range of shareholder agreements and business contracts. He also acts as a legal advisor in the field of labour relations for various businesses and industries. Yannick has taught the law of security interests, law of evidence and civil procedure at the l’École du Barreau du Québec. Highly responsive, Yannick attends to the complexities of each case with great efficiency while seeking the best practical or legal alternative for his clients’ needs. He also puts his keen business acumen to work for the benefit of the wide range of companies for whom he serves as a business advisor. Yannick has practiced in the area of construction law for 10 years and devotes 50% of his practice to this industry. Yannick Crack Therrien Couture Lawyers L.L.P. 1910, King West Road #320 Sherbrooke, Quebec J1J 2E2 (819) 791-3326 Office Representative Seminars (819) 791-3328 Fax • “Contrats de constructions: Clause de mots… et maux de clause,” Association de la construction du Québec, Estrie, 1er (450) 210-1340 Cell mars 2013 yannick.crack@ • “L’Hypothèque légale de la construction,” Banque de développement du Canada, 10 juillet 2013 therriencouture.com www.therriencouture.com

Education • 1997, Member of the Barreau du Québec • 1996, LL.B., Université de Sherbrooke

® 104 Therrien Couture Lawyers L.L.P. CANADA – QUEBEC

Biography and Experience Since 2005, Martine Lord has represented numerous contractors, sub-contractors and other individuals in claims dealing with poor workmanship, loss of undertakings, hidden defects, construction liens and related claims.

Representative Seminars Martine Lord • “Les hypothèques légales et les cautionnements dans le domaine de la construction,” Therrien Couture Lawyers L.L.P. Client Conference Series, Brossard, Québec, May 9, 2012 Therrien Couture • “Les vices cachés et la responsabilité de l’inspecteur,” Therrien Couture Lawyers L.L.P. Client Conference Series, Brossard, Lawyers L.L.P. Québec 4605-B Lapinière Blvd., #350 Brossard, Québec J4Z 3T5 (450) 462-8555 Office (450) 462-5955 Fax Education (450) 210-1340 Cell • 2005, Member of Barreau du Québec martine.lord@ • 2004, LL.B., Law graduate from Université de Montréal therriencouture.com www.therriencouture.com

® 105 ® USLAW SourceBook

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® USLAW member attorneys and the management of legal issues. The USLAW clients they serve meet throughout the year not only at USLAW hosted events but SourceBook provides information re- CLIENT also at many legal industry conferences. CLE accreditation is provided for most USLAW FRISCO garding each resource that is available. educational offerings. For a We encourage you to review these and complete listing of programs, please FUSION check our Events and Activities take advantage of those that could Calendar on the home page of USLAW SEP. 18-20 FEATURED PRACTICE GROUPS: Connect. WESTIN 14 benefit you and your company. For EMPLOYMENT & LABOR LAW•• • PRODUCTST. FRANCIS LIABILITY • PROFESSIONAL LIABILITY BUSINESS & ADVISORY SERVICESSAN • BUSINESSFRANCISCO LITIGATION additional information, simply contact KEYNOTE ADDRESS MEET FRANK ABAGNALE...THE MAN BEHIND THE MOVIE, BOOK & PLAY, “CATCH ME IF YOU CAN.” Roger M. Yaffe, USLAW CEO, at A TEAM OF EXPERTS [email protected] or (800) 231-9110, ext. 1. USLAW is continually seeking to ensure

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USLAW MAGAZINE FALL | WINTER | 2014

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110 111 ★★★★ ★★★★ S-E-A ★ USLAW U.S. Legal Support, Inc ★ USLAW PREMIER PREMIER PARTNER PARTNER ADDRESS PH (614) 888-4160 ADDRESS PH (800) 567-8757 7349 Worthington-Galena Road FAX (614) 885-8014 363 N. Sam Houston Pkwy. E. FAX (713) 653-7172 Columbus, OH 43085 WEB www.SEAlimited.com Suite 1200 WEB www.uslegalsupport.com Houston, TX 77060

A powerful resource in litigation for more than 40 years, S-E-A is a multi- U.S. Legal Support, Inc. founded in 1996 is a privately held company disciplined forensic engineering and fire investigation company with over 45 offices located across the United States. As one of the lead- specializing in failure analysis. S-E-A offers a complete investigative ing providers of litigation services, they are the only litigation service including: mechanical, biomechanical, electrical, civil, and support company that provides, court reporting, record retrieval and materials engineering, as well as fire investigation, industrial hygiene litigation, eDiscovery and trial services to major corporations and law services, and a fully equipped chemical laboratory. These disciplines firms nationwide. interact to provide thorough and independent analysis that will support any subsequent litigation. Their management team is truly unique with division presidents who are experts in the litigation services industry. All are involved in the day- S-E-A's full-time staff of investigators, engineers and chemists are to-day processes and have the autonomy to make immediate decisions licensed/ registered professionals who are court-qualified experts in regarding client questions and concerns. This, along with their proven their respective fields. ability to organize resources, results in long-term client relationships. S-E-A is proud to be the new sponsor of visualization services for U.S. Legal Support is the proud official Court Reporter Partner of USLAW NETWORK. USLAW NETWORK, providing access to over 2000 superior court Since 1980, S-E-A has provided visualization services for litigation reporters equipped with state-of-the-art technology. Client services support to attorneys, corporations and insurance companies. We use include a complete online office with 24/7 access, offering the ability to the most current technology to prepare accurate and court-qualified easily schedule or reschedule court reporting jobs online, view and demonstrative pieces for litigation support. Our on-staff engineers and download transcripts and exhibits, and review invoices. graphics professionals coordinate their expertise to prepare exhibits that will assist a judge, mediator, or juror in understanding complex With their specialists and offices positioned across the country U.S. principles and nuances of your case. S-E-A can provide technical draw- Legal Support has the ability to provide you with national resources and ings, camera-matching technology, motion capture for biomechanical local expertise. They look forward to showing you their Power of analysis and accident simulation, 3D laser scanning and fly-through Commitment. technology for scene documentation, presentation, and computer sim- ulations. In addition, S-E-A can prepare scale models of products, buildings or scenes made by professional model builders or using 3D printing technology, depending on the application. Please visit www.SEAlimited.com for examples of these capabilities. For more information, please contact Chris Torrens at 800-635-9507 or Ken Corwin at 800-782-6851.

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OFFICIAL TECHNICAL OFFICIAL COURT FORENSIC ENGINEERING AND REPORTING PARTNER LEGAL VISUALIZATION OF USLAW NETWORK SERVICES PARTNER Charles F. Schugart OF USLAW NETWORK President & CEO 363 N. Sam Houston Pkwy. E., Suite 1200 Houston, TX 77060 J. Kenneth Corwin PH (832) 201-3834 National Account Executive FAX (713) 653-7172 EMAIL [email protected] 7349 Worthington-Galena Road Columbus, OH 43085 Jim Cunningham PH (800) 782-6851 Director of Record Retrieval EMAIL [email protected] Division President, Midwest 200 West Jackson Boulevard, Suite 600 Chicago, IL 60606 PH (312) 236-8352 Chris Torrens FAX (312) 236-3344 Vice President EMAIL [email protected] 1110 Benfield Boulevard, Suite B Pete Giammanco Millersville, MD 21108 Director of Court Reporting PH (800) 635-9507 Division President, Western EMAIL [email protected] 15250 Ventura Boulevard, Suite 410 Sherman Oaks, CA 91403 PH (818) 995-0600 FAX (818) 880-4248 EMAIL [email protected] Jared Henthorn Manager Lee Ann Watson 7349 Worthington-Galena Road Senior VP Sales & Marketing Columbus, OH 43085 363 N. Sam Houston Pkwy. E., Suite 1200 PH (800) 782-6851 Houston, TX 77060 EMAIL [email protected] PH (832) 201-3872 FAX (713) 653-7172 EMAIL [email protected] 112 Galaher Settlements Granite Legal Systems

ADDRESS PH (630) 718-1213 ADDRESS PH (713) 652-0881 39674 North 104th Street FAX (630) 339-4413 1201 Louisiana Street WEB www.granitelegal.com Scottsdale, Az 85262 WEB www.galaher Suite 350 settlements.com Houston, TX 77002

As one of the largest providers of structured settlements, Galaher Granite Legal Systems proudly supports USLAW NETWORK firms and Settlements offers clients integrated claims solutions from a team of in- their clients throughout the discovery process from legal hold planning dustry experts supported by leading-edge technology. We have a staff of through trial support, ensuring that they have the information required more than 50 seasoned professionals located coast-to-coast with more for timely and cost effective client representation. Granite professionals than 600 years of combined experience. Our team has successfully work with law firms and corporations to define discovery obligations closed more than 50,000 structured settlements over the past 30 years. and plan defensible responses. To these engagements, Granite offers seasoned industry veterans with versatile skill sets who understand and We offer a full range of settlement solutions, including: implement technology resource requirements, address team structure • Convenient, cost-effective single-source integrated claims solutions & responsibilities, and assure effective quality control processes for all • A full suite of powerful claim settlement tools phases of the project. Our consultants and project managers are attor- • Unique expertise in consultative approaches to resolving claims neys, legal assistants, and experienced technologists with extensive lit- • Local jurisdictional insights and knowledge through our national igation and technical expertise. presence • Multiple settlement options Our ability to provide comprehensive discovery support services to our • Structured Medicare set-aside allocations clients, including investigation, documentation, as well as solution de- • Integrated claims strategies to lower costs and enhance administra- sign and implementation capabilities distinguishes Granite Legal tive efficiencies Systems from other eDiscovery companies. Granite’s broad technical Additionally, our team is available to attend mediations and pre-trial set- skills enable our team to identify and implement cost-effective, repeat- tlement conferences and to assist in post-settlement services. We review all able and supportable solutions to recurring discovery issues. We are settlement agreements and work with counsel to ensure the appropriate uniquely qualified to handle discovery assessment, collection, and pro- structured settlement language is included to guarantee tax-free status. duction projects involving complex data sources, outdated or legacy There’s more than just one product, service or area that sets us apart, systems, and other challenging discovery issues. including our depth of knowledge, experienced team and overall strategic approach. Our technology – notably the Settlement Processing Granite Legal Systems was founded by industry veteran Jeffrey Hewett Information Network (SPIN) structured settlement diary-based file in 2004 to develop an innovative eDiscovery solution (eCollector) and management system – offers integrated modules to facilitate document has since grown to provide complete eDiscovery services, specializing in creation, review and storage, reports, accounting functions, quoting, solving complex, technically challenging discovery problems. license administration and more for comprehensive management and tracking of our clients’ cases. Online at www.granitelegal.com On LinkedIn at www.linkedIn.com/company/granitelegal Learn more. Contact Galaher Settlements today. 800-288-7005 | www.galahersettlements.com

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OFFICIAL STRUCTURED OFFICIAL E-DISCOVERY SETTLEMENT PARTNER PARTNER OF USLAW NETWORK OF USLAW NETWORK

Jim Ebel, CPCU, ARM Jeffrey R. Hewett, JD President Chief Executive Officer PH (630) 327-7213 PH (713) 652-0881 EMAIL [email protected] EMAIL [email protected]

Dave Latz Steve Mack 413 Reserve Court, Joliet, Il 60431 Consultant PH (815) 744-7077 PH (713) 240-0634 EMAIL [email protected] EMAIL [email protected]

Daniel Weberg Dennis Kiker, JD P.O. Box 660, Alton, NH 03809 Consultant PH (603) 875-7930 PH (804) 350-8444 EMAIL [email protected] EMAIL [email protected] 113 Litigation Insights Marshall Investigative Group

ADDRESS PH (913) 339-9885 ADDRESS PH (855) 350-6474 (MIPI) 9393 W. 110th Street, Suite #400 WEB www.litigationinsights.com 416 W Talcott Road FAX (847) 993-2039 Overland Park, KS 66210 TWITTER @LI_Insights Park Ridge, IL 60068 WEB www.mi-pi.com

Since 1994 Litigation Insights has been a nationally recognized leader in • Investigating claims for over 30 years the trial consulting field. • A nationwide firm specializing in insurance fraud investigations • Providing coverage throughout the United States Litigation Insights is proud to be the new sponsor of jury research services for USLAW NETWORK. We have worked with several member law That is what Doug Marshall, the founder of Marshall Investigative Group firms over the years and are excited about the opportunity of working is proud to offer, including a complete array of services for Cargo, with more of the USLAW membership. In a business often character- Disability, Liability and Workman’s Compensation claims. Some of those ized by transitory relationships, we have made it a point to build long- services are activity/background checks, employment, health history, lasting partnerships both with clients and our own team members. internet research, public records, skip tracing, statements, subrogation and surveillance. And now with a special focus on social media moni- Our clients hire us when their cases are complex, difficult and unclear. toring, M.I.G. can provide real time investigation and analysis as part of They bring us in when issues are volatile, emotions are high and its total investigative package. Our private investigators provide the millions of dollars are at risk. We’re asked to consult on tough litigation knowledge and skills necessary to extract the information you need to because we’ve seen so many tough cases and, more importantly, we’ve successfully evaluate your claim. We use investigators from diverse provided valuable insights. backgrounds like criminal justice, information technology and business, who share their knowledge with others in the firm. Our goal is At Litigation Insights, we have the experience to help you quickly to exceed your expectations by providing prompt, thorough and interpret your case details. We ask the right questions, listen to the accurate information whether that is to establish proper reserves or to answers and help you develop compelling stories and visuals that speak document claimant activities. With M.I.G. Doug Marshall insists on con- genuinely to your audience. Whether you’re working toward an expedi- ducting our investigative business with the highest degree of integrity, ent settlement, or battling through weeks in the courtroom, we help you confidentiality and productivity. After 30 years in the business of deliv- determine the most convincing details of your case so you can incor- ering what you need, the Marshall Investigative Group, knows how to porate them and tell your story more effectively. value each and every customer and produce the results you require. We are confident that our extraordinary investigative work, provided on a Litigation Insights has been certified as a Women’s Business Enterprise timely basis, will make a difference in your bottom line. We will be happy by the Women’s Business Enterprise National Council (WBENC). to discuss your case and respond to any questions you may have. Please contact Doug Marshall to discuss your case at (855) 350-6474 or email For more information on how can help with jury research, trial graph- him at [email protected]. ics or trial presentation please contact any of our executive staff below.

PARTNER CONTACTS PARTNER CONTACTS

OFFICIAL JURY CONSULTANT OFFICIAL INVESTIGATIVE PARTNER PARTNER OF USLAW NETWORK OF USLAW NETWORK

Merrie Jo Pitera, Ph.D. Doug Marshall Chief Executive Officer President PH (913) 486-4159 EMAIL [email protected] EMAIL [email protected] TWITTER @MerrieJoPitera

Adam Bloomberg Adam M. Kabarec Vice President – Managing Director of Visual Vice President Communications EMAIL [email protected] PH (214) 658-9845 EMAIL [email protected] TWITTER @adambloomberg

Jill Leibold, Ph.D. Director of Jury Research PH (310) 809-8651 EMAIL [email protected] TWITTER @DrJillLeibold 114 MDD Forensic Accountants

ADDRESS PH (404) 252-0085 750 Hammond Drive NE FAX (404) 255-0673 Building 14 WEB www.mdd.com Atlanta, GA 30328

Matson, Driscoll & Damico is a leading forensic accounting firm that specializes in providing economic damage quantification assessments for our clients. Our professionals regularly deliver expert, consulting and fact witness testimony in courts, arbitrations and mediations around the world.

We have been honored to provide our expertise on cases of every size and scope, and we would be pleased to discuss our involvement on these files while still maintaining our commitment to client confidentiality. Briefly, some of these engagements have involved: lost profit cal- culations; business disputes or valuations; commercial lending; fraud; product liability and construction damages. However, we have also worked across many other practice areas and, as a result, in virtually every industry.

Founded in Chicago in 1933, MDD is now a global entity with 22 U.S. and 21 international locations.

In the United States, MDD’s partners and senior staff are Certified Public Accountants; many are also Certified Valuation Analysts and Certified Fraud Examiners. Our international partners and professionals possess the appropriate designations and are similarly qualified for their respective countries. In addition to these designations, our forensic accountants speak more than 30 languages.

Regardless of where our work may take us around the world, our exceptional dedication, singularly qualified experts and demonstrated results will always be the hallmark of our firm. To learn more about MDD and the services we provide, we invite you to visit us at www.mdd.com. You are also welcome to contact John A. Damico, one of MDD’s founding partners, at [email protected] or 404.252.0085.

PARTNER CONTACTS

OFFICIAL FORENSIC ACCOUNTANT PARTNER OF USLAW NETWORK

Jack Damico 750 Hammond Drive, Building 14 Atlanta, GA 30328 PH (404) 252-0085 FAX (404) 255-0673 EMAIL [email protected]

Shannon Rusnak The Mellie Esperson Building 815 Walker Street, Suite 1800 Houston, TX 77002 PH (713) 621-3010 FAX (713) 621-5635 EMAIL [email protected] ®