Q:
Describe your background and the path you took to becoming in-house counsel.
A: My background is unique; one that spans many aspects of construction management and construction law. At a recent conference someone referred to me as an anomaly, which I took as a compliment, although I would prefer to refer to myself as a Renaissance Man of Construction Law! My background in construction began with my degree in Construction Management from the University of Florida’s ME Rinker School of Building Construction. Thereafter, I was hired by Centex’s commercial construction division to manage large-scale commercial and educational projects in central Florida. After six years with Centex, I obtained my Juris Doctor from the University of Maryland’s School of Law. In the year prior to law school, I worked as an expert witness with Hill International in Washington D.C. While I also spent some time working for the law firm of Ober Kaler in Baltimore during law school, I decided that what I enjoyed the most was the expert work where I could put the pieces of the puzzles together using forensic analysis. After law school and passing the bar in Maryland, I was able to put both aspects of my education to work by working as an expert and filling the role of in-house counsel for Warner Construction Consultants, Inc. where I worked for 11 years. That experience, along with four more years working at Navigant/Ankura, helped round out the experience that I now employ as a consultant.
Q: Where do you focus your work? Do you have a specific geographic area?
A: I now work anywhere in the world. For example, within just the last year or so I worked on cases from Australia, Europe, the middle-east, and across the US. In fact, I have had projects in 6 of the 7 continents over the years (you can probably guess where I haven’t yet had a project). I often explain that I have worked on everything from the Burj Khalifa (the tallest building in the world) to a ‘Naked Pizza’! (It was a local make-your own pizza place, don’t get too excited). But, the in-house type of work I perform is all domestic.
Q: What kind of work do you do?
A: The work I do now is in several different capacities. At the most basic level, I can help projects that are struggling with difficult scheduling issues that need a hand navigating large delay impacts while the project is underway. If the dispute needs a third-party expert for forensic schedule analysis or damages assessments, I can also help in that capacity. But I also help companies who need supplemental in-house counsel services when their workload has become too great (for any variety of reasons). Working in these various capacities provides me a way to utilize all of my unique experiences and background. This is why I love working as an independent expert, as I have been doing for the past five years now.
Q: How and when do you interact with outside counsel? In what kinds of matters?
A: In addition to the roles I just described, I can be of assistance with outside counsel when there are discovery management issues, helping them navigate the best way to find, organize and manage key documents, some of which can only be viewed with specialty software. I can also help interpret, communicate and navigate the construction landscape in a way that helps accelerate their understanding of the case. I have been on both sides: defending depositions and being deposed, preparing discovery and reviewing discovery, and writing contracts and reviewing disputed contracts. This unique experience can provide valuable perspective.
Q:
How can outside counsel best serve a construction company?
A: I think the best outside counsel are those who can listen and understand the issues in the case and get their hands around the facts so that they can put forth the best arguments. I always say, “the party most in command of the facts most often wins.” When I am working as a third-party expert witness, if outside counsel can hire me early, I can help them get in command of those facts. But if they wait until a month before the expert report is due, it can be a real struggle for us both. Having said that, I would say a proactive lawyer with a clear plan of attack and foresight to know what she will need is optimal. For example, if I am hired before discovery starts, it doesn’t mean she will have me working full-time right away. Rather, I will likely spend a few hours on the matter to provide input on the discovery process (or anything else she needs input on) in order to help with her game-plan moving forward, which is often well worth it in the end.
Q: What qualities/characteristics do you think are helpful to have in a mediator or arbitrator?
A: Whomever it is, the person must be properly prepared. I have encountered, more than once, hearings in which I am explaining facts in the case on direct testimony, and I can just tell that the arbitrator(s) has not read and does not understand the pleadings and pre-trial briefs in the case. After all the efforts the parties spend in distilling the case in their complaint and pre-trial or mediation briefs, to then see that it was not carefully read and re-read, is such an inexcusable waste. I also always recommend picking an arbitrator or mediator with a construction background, such as a former or seasoned construction litigator. This facilitates their understanding when describing the scenarios of what happened as there is generally no time to bring them up to speed on construction terms and practices.
Q: What are some characteristics of the best outside counsel you have encountered?
A: The best attorneys I have worked with are those who at their core are concerned about helping their client reach the best outcome. Sometimes that means reaching an early settlement, while other times it means taking the case all the way to trial. But a firm conviction to making sure the outcome is in the client’s best interest is key. I don't think outside counsel that argue points just for the sake of arguing is an effective or palatable strategy to most in-house counsel. And, I would also say, be creative in getting to yes!
Q: What are some of your interests or hobbies?
A: I have many interests, or I wouldn’t be able to call myself that Renaissance Man, would I? I would say on top of my list are coaching soccer and other sports for my boys and jamming with them as a jazz trio (still working on that one; I play saxophone, my oldest plays trumpet and my youngest is a drummer…it’s a start). I also enjoy skiing and other recreational sports to stay fit, and someday when my nest is empty, I’ll return to volunteer somewhere again like Habitat for Humanity.
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