American Journal of Construction Arbitration & ADR (AJCA)
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The American Journal of Construction Arbitration & ADR features articles focused on construction-specific alternative dispute resolution and arbitration in both the domestic and international contexts, viewed from an American perspective. Edited by recognized construction attorneys with broad experience in the construction industry and dispute resolution, its issues offer well-rounded discussion of key construction issues through the articles of practitioners and participants selected from all sides of the construction industry--owners, designers, insurers, testifying experts, neutrals, and, of course, construction lawyers.
Tables of Contents and articles from each AJCA issue are linked below:
VOLUME 2, NO. 1 2018
CONTENTS
PDF of Title Page and Table of Contents
Editors' Foreword
ARTICLES
ConsensusDocs Standard Construction Contracts: Contracts Aimed to Build Projects, Not Claims
Brian Perlberg
Issues and Solutions in International Construction Contracting
Angus N. McFadden, Gregory K. Smith, and Darren G. Rowles
The Arbitration of International Construction Disputes
Joseph F. Moore, Lauren C. Pon, and Marc C. Coats
Third Party Discovery Subpoenas in Arbitration Proceedings Under State Law: A Fifty State Survey
Peter Jacobu, Katie King, and Jarrad Smith
VOLUME 1, NO. 2 2017
CONTENTS
PDF of Title Page and Table of Contents
Editors' Foreword
ARTICLES
How to Effectively Arbitrate the 300 Claim Dispute
Adrian L. Bastianelli, III
ADR in Construction – United States of America, A Brief Survey
Donald Gavin and Troy Harris
The Collaborative Settlement of Construction Disputes
Duncan W. Glaholt and R. Bruce Reynolds
Dispute Review Boards: Lessons Learned, Current Trends and Looming Challenges
Robert J. Smith
Abuse of Due Process in International Arbitration: Is Due Process Paranoia Irrational?
Albert Bates, Jr. and R. Zachary Torres-Fowler
VOLUME 1, NO. 1 2017
CONTENTS
PDF of Title Page and Table of Contents
Editors’ Foreword
ARTICLES
The Effective Use of Dispute Boards on Major Construction Projects
Roger J. Peters
The Guided Choice Process for Early Dispute Resolution
Dean B. Thomson and Paul M. Lurie
Neil Gaudion, Jonathan Haag and Chris Sullivan
Kurt Dettman and Sid Scott
Through Western Eyes: Judging the State of Arbitration Law in the Middle East
George Anthony Smith, Matthew A. Marrone and Mercedes Ordoñez
The Dos and Don’ts of Arbitrator Interviews and Dilemmas Not Often Considered
Patricia D. Galloway
Editors
Randall F. Hafer is a Partner at Kilpatrick, Townsend & Stockton, LLP, and the leader of its Construction & Infrastructure Projects Team. The team was named 2015 and 2016 national Construction Team of the Year by Chambers, 2012 Team of the Year by U.S. News – Best Lawyers, and is ranked Tier 1 by Chambers, Best Lawyers and Legal 500 as well. Throughout his career Mr. Hafer has focused his practice exclusively on issues related to the construction industry. He has been involved in matters all over the United States and internationally on a wide variety of construction projects, including tunnels, wastewater treatment plants, airports, power plants, mass transit systems, mining facilities, bridges and highways, hospitals, office buildings, sports arenas, resort condominiums, universities and schools, manufacturing and processing facilities, and military facilities. Much of his practice focuses on the prevention of construction-related disputes through effective risk allocation and management, and contract drafting. He worksdirectly with construction project participants, to avoid disputes and effectively and efficiently resolve, on a “real-time” basis, those disputes that cannot be avoided. He is well-versed and experienced in negotiation, mediation, arbitration, dispute review boards and other forms of construction ADR. He is a panel member on the AAA's roster of arbitrators and mediators, co-chair of the American College of Construction Lawyers (ACCL) Alternative Disputes Resolution Committee, a member of the International Institute for Conflict Prevention and Resolution (CPR) Construction Advisory Committee, and the primary author of Dispute Review Boards and Other Standing Neutrals, Achieving "Real-Time” Resolution and Prevention of Disputes for CPR. Mr. Hafer has also helped create and has successfully implemented customized dispute resolution processes to fit the particular needs of a project when other more traditional ADR procedures are not working.
Lawrence M. Prosen is a government contracts attorney specializing in construction litigation. He is a Partner at Kilpatrick, Townsend & Stockton, LLP. He represents and advises contractors (both construction and non-construction) on a broad range of matters related to government contracts, and represents clients in public and private/commercial construction litigation. Mr. Prosen has appeared frequently in proceedings before many U.S. District Courts as well as the U.S. Government Accountability Office (GAO), U.S. Court of Federal Claims, various Boards of Contract Appeals, and many state and local courts and agencies. His experience includes providing advice and representation in connection with construction and infrastructure projects for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission, and real estate sectors, worldwide. He has represented clients across most of the United States in federal, local and commercial construction, and government contracts matters. He has represented clients before virtually all federal agencies including the Department of Defense, Department of Homeland Security, Department of State, Department of the Interior, Department of Veteran Affairs, U.S. Navy, U.S. Army Corps of Engineers, Naval Facilities Engineering Command, General Services Administration, U.S. Agency for International Development, Architect of the Capitol, and Smithsonian Institution. He assists contractors, subcontractors, owners, and architects on a wide variety of commercial/private construction projects in negotiating prime and subcontracts, tenant fit-out agreements, and project workouts with financial institutions and sureties, and also represents clients in all aspects of litigation and claims resolution in connection with nonpublic contracts/projects.
Editorial Advisory Board
Adrian L. Bastianelli - Pekar & Abramson, LLP, Washington, D.C.
Kurt L. Dettman - Construction Dispute Resolution Services, Santa Fe, New Mexico
Neil Gaudion - FTI Consulting, Atlanta, Georgia
Donald Gavin - Gavin ADR, LLC, McLean, Virginia
Don Harvey - Secretariat International, Atlanta, Georgia
Paul M. Lurie - Schiff Hardin, Chicago, Illinois
Maureen Mcdonough -Suffolk Construction, Boston, Massachusetts
Roger J. Peters - Belleair, Florida
G. Anthony Smith - Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, Georgia
David Weekly - Fenix Financial Forensics F3, Scottsdale, Arizona
Editors
Randall F. Hafer is a Partner at Kilpatrick, Townsend & Stockton, LLP, and the leader of its Construction & Infrastructure Projects Team. The team was named 2015 and 2016 national Construction Team of the Year by Chambers, 2012 Team of the Year by U.S. News – Best Lawyers, and is ranked Tier 1 by Chambers, Best Lawyers and Legal 500 as well. Throughout his career Mr. Hafer has focused his practice exclusively on issues related to the construction industry. He has been involved in matters all over the United States and internationally on a wide variety of construction projects, including tunnels, wastewater treatment plants, airports, power plants, mass transit systems, mining facilities, bridges and highways, hospitals, office buildings, sports arenas, resort condominiums, universities and schools, manufacturing and processing facilities, and military facilities. Much of his practice focuses on the prevention of construction-related disputes through effective risk allocation and management, and contract drafting. He worksdirectly with construction project participants, to avoid disputes and effectively and efficiently resolve, on a “real-time” basis, those disputes that cannot be avoided. He is well-versed and experienced in negotiation, mediation, arbitration, dispute review boards and other forms of construction ADR. He is a panel member on the AAA's roster of arbitrators and mediators, co-chair of the American College of Construction Lawyers (ACCL) Alternative Disputes Resolution Committee, a member of the International Institute for Conflict Prevention and Resolution (CPR) Construction Advisory Committee, and the primary author of Dispute Review Boards and Other Standing Neutrals, Achieving "Real-Time” Resolution and Prevention of Disputes for CPR. Mr. Hafer has also helped create and has successfully implemented customized dispute resolution processes to fit the particular needs of a project when other more traditional ADR procedures are not working.
Lawrence M. Prosen is a government contracts attorney specializing in construction litigation. He is a Partner at Kilpatrick, Townsend & Stockton, LLP. He represents and advises contractors (both construction and non-construction) on a broad range of matters related to government contracts, and represents clients in public and private/commercial construction litigation. Mr. Prosen has appeared frequently in proceedings before many U.S. District Courts as well as the U.S. Government Accountability Office (GAO), U.S. Court of Federal Claims, various Boards of Contract Appeals, and many state and local courts and agencies. His experience includes providing advice and representation in connection with construction and infrastructure projects for clients in the infrastructure, environmental, office, commercial, process and manufacturing, energy production/transmission, and real estate sectors, worldwide. He has represented clients across most of the United States in federal, local and commercial construction, and government contracts matters. He has represented clients before virtually all federal agencies including the Department of Defense, Department of Homeland Security, Department of State, Department of the Interior, Department of Veteran Affairs, U.S. Navy, U.S. Army Corps of Engineers, Naval Facilities Engineering Command, General Services Administration, U.S. Agency for International Development, Architect of the Capitol, and Smithsonian Institution. He assists contractors, subcontractors, owners, and architects on a wide variety of commercial/private construction projects in negotiating prime and subcontracts, tenant fit-out agreements, and project workouts with financial institutions and sureties, and also represents clients in all aspects of litigation and claims resolution in connection with nonpublic contracts/projects.
Editorial Advisory Board
Adrian L. Bastianelli - Pekar & Abramson, LLP, Washington, D.C.
Kurt L. Dettman - Construction Dispute Resolution Services, Santa Fe, New Mexico
Neil Gaudion - FTI Consulting, Atlanta, Georgia
Donald Gavin - Gavin ADR, LLC, McLean, Virginia
Don Harvey - Secretariat International, Atlanta, Georgia
Paul M. Lurie - Schiff Hardin, Chicago, Illinois
Maureen Mcdonough -Suffolk Construction, Boston, Massachusetts
Roger J. Peters - Belleair, Florida
G. Anthony Smith - Weinberg Wheeler Hudgins Gunn & Dial, Atlanta, Georgia
David Weekly - Fenix Financial Forensics F3, Scottsdale, Arizona
Tables of Contents and articles from each AJCA issue are linked below:
VOLUME 2, NO. 1 2018
CONTENTS
PDF of Title Page and Table of Contents
Editors' Foreword
ARTICLES
ConsensusDocs Standard Construction Contracts: Contracts Aimed to Build Projects, Not Claims
Brian Perlberg
Issues and Solutions in International Construction Contracting
Angus N. McFadden, Gregory K. Smith, and Darren G. Rowles
The Arbitration of International Construction Disputes
Joseph F. Moore, Lauren C. Pon, and Marc C. Coats
Third Party Discovery Subpoenas in Arbitration Proceedings Under State Law: A Fifty State Survey
Peter Jacobu, Katie King, and Jarrad Smith
VOLUME 1, NO. 2 2017
CONTENTS
PDF of Title Page and Table of Contents
Editors' Foreword
ARTICLES
How to Effectively Arbitrate the 300 Claim Dispute
Adrian L. Bastianelli, III
ADR in Construction – United States of America, A Brief Survey
Donald Gavin and Troy Harris
The Collaborative Settlement of Construction Disputes
Duncan W. Glaholt and R. Bruce Reynolds
Dispute Review Boards: Lessons Learned, Current Trends and Looming Challenges
Robert J. Smith
Abuse of Due Process in International Arbitration: Is Due Process Paranoia Irrational?
Albert Bates, Jr. and R. Zachary Torres-Fowler
VOLUME 1, NO. 1 2017
CONTENTS
PDF of Title Page and Table of Contents
Editors’ Foreword
ARTICLES
The Effective Use of Dispute Boards on Major Construction Projects
Roger J. Peters
The Guided Choice Process for Early Dispute Resolution
Dean B. Thomson and Paul M. Lurie
Neil Gaudion, Jonathan Haag and Chris Sullivan
Kurt Dettman and Sid Scott
Through Western Eyes: Judging the State of Arbitration Law in the Middle East
George Anthony Smith, Matthew A. Marrone and Mercedes Ordoñez
The Dos and Don’ts of Arbitrator Interviews and Dilemmas Not Often Considered
Patricia D. Galloway