Bridging the Gap

Arbitrator and Mediator

Construction/Commerical Disputes and Insurance Claims

EXPERIENCE

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Construction Arbitrator

Clifford recently served as the Panel Chair in a large, complex, multi-party AAA arbitration involving construction and design claims arising out of the construction of a landmark glass clad building erected on a college campus. The matter included pre-hearing discovery disputes and eight days of live hearings with some witnesses appearing remote. Clifford and the panel issued a 30 page reasoned final award.

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Construction Mediator

Clifford recently traveled and served as a mediator in several large, complex, multi-party construction disputes that arose out of projects located in Colorado, West Virginia, Ohio, Georgia and Minnesota. The claims in these cases ranged from $15 million to more than $40 million, and one of the matters successfully resolved involved 14 different parties.

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Insurance Disputes

Clifford recently served as a panel arbitrator in two different complex commercial disputes involving insurance coverage under first-party insurance policies. In each case the claim exceeded $10 million. Clifford also recently served as a mediator in a first-party property coverage dispute between a policyholder and its insurance carrier where the claim exceeded $20 million.

More Experience:

  • Arbitrator - Panel arbitrator in a large, complex AAA case that involved multiple parties and more than 40 different claims arising out of the construction of luxury apartment buildings in Missouri. The claims exceeding $35 million were presented during two weeks of live hearings in St. Louis and three weeks of virtual hearings via Zoom. The panel issued a 46 page reasoned award.

  • Arbitrator – Member of arbitration panel for complex multi-million dollar first party insurance coverage claims arising out of the construction of a new landmark bridge between New York and New Jersey.

  • Mediator – $40 million 14-party dispute arising out of the construction and design of a luxury apartment development near Cleveland, Ohio. The case involved complex construction claims and numerous related insurance coverage disputes. Successful global resolution of all claims was obtained at mediation. Critical to successful resolution was the use of in-depth pre-mediation exchanges of information and pre-mediation Zoom conferences between the parties and the mediator.

  • Mediator – $35 million dispute arising out of the construction and design of a luxury apartment development in Minnesota. The claims involved in this pending matter include construction and related liability insurance disputes, as well as separate first-party builder’s risk insurance claims and disputes.

  • Mediator - $37 million construction claim and surety dispute arising out of the engineering, procurement and construction of a natural gas liquefaction facility and related terminal upgrades at a project located in Georgia. This pending matter involves 8 parties.

  • Mediator – $30 million eight-party construction dispute arising out of the construction of a high-rise mixed-use condominium located in Chicago. Successful global resolution of all claims was obtained using a two phase mediation process that included (a) an in-person mediation at which the parties presented their experts, and (b) a Zoom mediation that was attended by the condominium association and the insurer that issued a wrap insurance policy for the project.

  • Mediator – $20 million first party insurance dispute between Chicago hotel owner and insurer arising out of alleged business interruption and extended period of indemnity loss caused by civil unrest and property damage that closed the hotel during the pandemic. All claims successfully resolved through an in-person mediation.

  • Mediator – Multi-million dollar construction dispute between general contractor and prime mechanical subcontractor arising out of alleged delay and disruption that occurred when water damaged numerous units during the construction of a mixed-use high rise condominium in Denver. All claims successfully resolved following an in-person mediation held in Colorado.

  • Mediator – Complex construction claims exceeding $40 million between owner and general contractor arising out of construction of chemical plant in West Virginia, including termination, delay, disruption, liquidated damages and excessive billing under T&M contract. In-person mediation held in West Virginia.

  • Mediator for complex, multi-party construction dispute arising out of a luxury, 25-floor condominium building in Chicago with claims exceeding $10 million.

  • Mediator – Multi-party construction and design claims exceeding $36 million arising out of construction of a luxury high rise apartment tower in Chicago. Successful resolution of Phase I claims obtained at mediation conducted via Zoom. Successful resolution of the primary Phase II claims related to the building façade was obtained following an additional mediation held via Zoom.

  • Mediator – Multi-party construction and design claims arising out of the construction of a warehouse and office project in Illinois. Successful resolution of all claims obtained at mediation held via Zoom.

  • Mediator – Complex commercial dispute between owner and property manager involving multiple property management contracts for apartment buildings located in Illinois. Successful resolution of claims obtained at mediation held via Zoom.