Bridging the Gap

National Arbitrator and Mediator

Construction Disputes and Insurance Claims

EXPERIENCE

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Construction Arbitrator

Clifford has served as the chair or panel arbitrator in several recent large, complex construction arbitrations administered by the American Arbitration Association (AAA). One matter involved a multi-million dollar claims arising out of a landmark glass clad building erected on a college campus that required resolving 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. Other recent arbitration matters are described below.

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Construction Mediator

Clifford recently served as a mediator in Colorado, West Virginia, Ohio, Georgia, Minnesota and Illinois for claims that ranged in value from $5 million to more than $100 million. One of the matters successfully resolved involved 14 different parties. Please see below for details regarding Clifford’s other recent mediations.

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Insurance Disputes

Clifford recently served as both an arbitrator and a mediator in connection with several complex insurance coverage disputes. In a current arbitration involving first party claims arising out of a flood at a hospital, the claim exceeds $300 million. As a mediator, Clifford recently resolved several first-party property coverage disputes involving millions of dollars. More detail is provided below.

More Experience:

  • Arbitrator - AAA Panel Chair in four party arbitration involving more than $50 million in claims and counterclaims arising out of the construction of a polypropylene resin purification production facility in Ohio.

  • Arbitrator - AAA panel member in two party arbitration involving more than $20 million in claims and counterclaims for delay and disruption and construction defects arising out of the construction of a 460 unit condominium in Colorado.

  • Arbitrator - Private arbitration (sole arbitrator) for various construction/repair disputes arising out of the construction of a large $100 million solar facility located in Ohio.

  • Arbitrator - Panel arbitrator in case involving six parties and more than 40 different claims exceeding $35 million arising out of the construction of luxury apartment buildings in Missouri. The trial involved 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 - Five party mediation for both first party insurance coverage and construction defect/property damage claims arising out of the collapse of a building during the construction of a $120 million sports and entertainment complex.

  • Mediator - Four party mediation involving $60 million construction claims asserted by a university based on alleged defects in the large exterior glass IGU’s that were installed for a new 12 story, 500,000 square foot hospital located in Iowa.

  • Mediator - $300 million first party policy insurance dispute arising out of devastating rain/flood event at hospital. Primary disputed issues included business interruption coverage (and whether the hospital building could have been repaired instead of being demolished and rebuilt), as well as the valuation of damaged equipment.

  • Mediator - Five party mediation involving more than $15 million in claims asserted by the developer/owner of a new hotel in Colorado against the design team and contractors. The mediation also included efforts to resolve professional liability and commercial liability insurance claims.

  • Mediator - Five party mediation involving more than $10 million in claims asserted by a Chicago condominium association against the builder and others for alleged construction defects and deceptive practices.

  • 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 involving both first party insurance coverage claims and construction defect/property damage claims (and related coverage issues under CGL insurance policies) arising out of the construction and design of a luxury apartment development in Minnesota. The parties engaged in three mediation sessions over about 18 months, and at the conclusion all insurance and construction claims were resolved.

  • Mediator - $37 million construction claim and surety dispute involving 8 parties arising out of the engineering, procurement and construction of a natural gas liquefaction facility and related terminal upgrades at a project located in Georgia. The parties engaged in three mediation sessions over about two years, and at the conclusion all claims were resolved.

  • 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 – 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.