Bridging the Gap
Arbitrator and Mediator
Construction/Commercial Disputes and Insurance Claims
Speaking and Writing
Clifford has published numerous articles regarding arbitration, mediation and construction claims, and he speaks often about how best to resolve disputes short of trial. Clifford's articles about insurance coverage for construction claims have been cited and quoted by courts throughout the United States, including several state supreme courts. Some of these cases are listed below:
K&L Homes, Inc. v. American Family Mutual Ins. Co., 829 N.W.2d 724 (N. Dakota Sup. Ct. 2013) (majority decision; prior law overruled)
Westfield Ins. Co. v. Custom Agri. Sys., Inc., 979 N.E.2d 269 (Ohio Sup. Ct. 2012) (dissenting opinion)
Greystone Construction, Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272 (10th Cir. 2011) (applying Colorado law)
Sheehan Construction Company, Inc. v. Continental Insurance Company, 935 N.E.2d 160 (Ind. Sup. Ct. 2010) (majority decision; prior law overruled)
United States Fire Ins. Co. v. J.S.U.B., 979 So. 2d 871, 886 n.9 (Fla. 2007)
Lee Builders, Inc. v. Farm Bureau Mutual Ins. Co., 137 P.2d 486, 491-494 (Kan. Sup. Ct. 2006)
Lennar Corp. v. Great American Ins. Co., 200 S.W.3d 651, 672-673 (Tex. App. 2006)
General Security Indemnity Co. of Arizona v. Mountain States Mutual Cas. Co., 205 P.3d 529 (Colo. App. 2009)
More Speaking and Writing
February 2, 2023
Chicago Bar Association presentation about how to start up and thrive with a mediation practice.
December 8, 2022
Will Work For Food Presentation: "How To Mediate Construction Defect Claims That Involve Insurance Coverage Issues.” Clifford made the presentation at no cost and encouraged all attendees to join him in making a donation to the The Greater Chicago Food Depository.
March 23, 2021
Guest Lecture at University of Miami. Clifford Shapiro presented a guest lecture to a graduate school class at the University of Miami School of Law titled “An Introduction To Liability Insurance for Construction Defect Claims.”
December 11, 2020
Panel Presentation About Construction Arbitration and Mediation: Clifford Shapiro was a member of a national panel of mediators and arbitrators that presented a program titled Living In A Virtual World: Best Practices For Construction Mediations and Arbitrations. The virtual seminar was presented via Zoom, and it was very well received.
November 11, 2020
Presentation at Kentucky Construction Law Institute. Clifford Shapiro was a featured speaker at the annual University of Kentucky Construction Law Institute, which was held virtually due to the pandemic. Clif spoke about insurance coverage and how best to resolve complex construction disputes.
October 22, 2020
Presentation to the American College of Construction Lawyers about virtual arbitration hearings. The topics Clifford discussed included the arbitrator’s role in protecting the integrity of a virtual hearing (including using an expanded oath for witnesses and expanded rules of conduct for counsel), tips and tricks for handling exhibits, and managing virtual hearings.
May 20, 2020
Clifford Shapiro was a featured speaker for an American Arbitration Association (AAA) virtual seminar titled: “Virtual Hearings Q&A.” Clif spoke about and answered questions from the audience regarding logistics, potential issues, user experience, and best practices for virtual hearings.
May 13, 2019
Clifford Shapiro was a featured speaker at the Aon, Crowe, Barnes & Thornburg Construction Risk Management Series held at the University Club in Grand Rapids, Michigan. Clif spoke about insurance coverage for construction defect claims (including the threshold “occurrence” issue), and how best to resolve complex construction claims.
October 2018
Clifford Shapiro publishes article: Despite Modern Trend, Ohio Supreme Court Does Not Reconsider Prior Precedent, which discusses the Ohio Supreme Court’s decision in Ohio Northern University v. Charles Construction Services Inc. (2018) (holding that a construction defect claim is not an “occurrence” under the CGL insurance policy).
December 2015
Clifford Shapiro publishes article: Condominium Developers Beware! New Illinois Supreme Court Decision Confirms Chicago Municipal Code Creates A Broad Private Cause Of Action For Misrepresentation.
December 8, 2020
Chicago Bar Association Presentation. Clifford Shapiro was a featured speaker at the Chicago Bar Association’s Construction Law and Mechanics Lien Subcommittee. The meeting was held virtually due to the pandemic. Clif spoke about insurance coverage issues for construction defect claims and how best to resolve complex construction disputes.
August 27, 2020
In-House Counsel Presentation. Clifford Shapiro and members of the Barnes & Thornburg Construction Law Practice Group presented a virtual continuing legal education seminar to in-house counsel at Michael Baker International regarding legal and ethical issues that arise in connection with construction and design claims.
April 3, 2020
COVID-19 Construction Law Presentation. Clifford Shapiro was a presenter for the ALI-CLE webinar, “COVID-19 and the Construction Project: Key Contract and Insurance Issues.” Clif discussed the most important contractual issues facing contractors during the pandemic.
May 8, 2019
Clifford Shapiro was a featured speaker before more than 200 attorneys from around the United States at the annual meeting of the American College of Coverage Counsel held in Chicago on May 8-10. Clif’s plenary session was titled “The Art of Negotiation and Mediation: Are There Ethics In Poker?” A hot topic of discussion was whether mediation is a dispute resolution process that includes ethically acceptable and mutually agreed-to elements of deception.
July 2018
Clifford Shapiro Quoted In Law360 Article About Construction Arbitration. Click here to read.
April 28, 2017
Clifford Shapiro spoke at the ABA Tort Trial and Insurance Practice Section (TIPS) annual conference in Chicago on April 28. Clif was part of a 90-minute panel presentation titled "The Art of Mediation," which was attended by about 100 attorneys and in-house counsel. Clif's comments included an analysis of various styles of mediation and whether there really is a dichotomy between the use of "facilitative" mediation and "evaluative" mediation.
February 2015
Clifford Shapiro published an article in the Illinois State Bar Association's Section on Construction Law newsletter titled, Henderson Square Condominium Association v. LAB Townhomes, LLC Raises Statute of Limitations Issues.
November 2020
Publication of Clifford Shapiro’s 2020 Update to the 50 State Survey for the Threshold “Occurrence” Issue For Construction Defect Insurance Coverage.
August 11, 2020
Clifford Shapiro interviewed by Professor Amy Schmitz for her video program The Arbitration Conversation. Clifford spoke about serving as an arbitrator for complex construction claims and multi-party claim issues. The interview can be seen at: https://www.mediate.com/articles/arbitrationconversation.cfm and https://youtu.be/3wki0Ic8RUU.
March 31, 2020
COVID-19 Construction Law Presentation. Clifford Shapiro and members of the Barnes & Thornburg Construction Law Practice Group presented a virtual seminar titled: COVID-19 and Construction: A Discussion about Disruption. The seminar included topics related to the pandemic and construction law, including the most important construction contract provisions impacted by the pandemic.
December 2018
Publication of Clifford’s article: The Illinois Supreme Court Reverses 35 Years Of Precedent Regarding Homeowners’ Implied Warranty Of Habitability. The article discusses the decision in Sienna Court Condominium Association v. Champion Aluminum Corporation (2810 IL 122022) which expressly overrules 35 years of precedent from the 1983 Illinois Appellate Court decision in Minton v. The Richard Group of Chicago (116 Ill. App. 3d 852).
April 28, 2016
Featured speaker before 600 attendees at the 40th anniversary of the ABA Forum on the Construction Industry during its annual meeting held in Nashville, Tennessee. A prior presentation by Clifford in 2009 was selected by the forum's governing committee as one of the all-time "best hits," and Clif was therefore honored by an invitation to present an updated version of that program at the 40th annual meeting. Clifford’s presentation addressed insurance coverage for construction defect claims and included an update of his widely used 50-state survey of the "occurrence" issue.
Arbitration Conversation
In this interview, Clifford discusses the use of arbitration in multi-party construction claims and some of the challenges that can exist for practitioners handling these kinds of claims.
