What’s Up With Division 1 (No. 19) — See You in Vancouver Next Month!

Wasn’t the Puerto Rico meeting AMAZING!!!  It started off shaky (haha) at the Division 1 social event at Casa Bacardi.  

Marissa Downs and Construction Discovery Experts did a fantastic job planning and hosting this event. Thanks a ton!  Here are a few extra photos from that event:

In addition to the social event, we held a practicum in Puerto Rico on Opening Statements and Direct Examination.  We are typically wary of scheduling a practicum during midwinter meetings because attendees may prefer to be at the beach/pool rather than a conference room, but we proceeded forward. The attendance was fabulous and the presentation was excellent.  Joe Imperiale moderated and planned this practicum on behalf of Division 1.  I even played a witness on direct examination for Kelsey Funes, one of the presenters.  Great work team on this practicum!!!

Division 1 New Leadership

The Governing Committee of the ABA Forum on Construction Law approved new Division 1 leaders at the Puerto Rico meeting.  The new leaders are:

• Kelsey Kornick Funes -- New Division 1 Chair (2023-2025). Kelsey has been a steering committee member of Division 1 for the past decade.  She has led a number of programs and initiatives for Division 1 and the Forum and we cannot wait to see what Kelsey will do as Division 1 Chair!!! 
  
  
  
• Jade Davis - New Steering Committee Member. Jade helped kickoff Divsion 1's Toolbox Talk Series.  She took a concept and developed the entire series during its first year.  Jade has also particiapted in other Forum programs including a webinar. 

• Jessica Knox - New Steering Committee Member.  Jessica revamped and added a ton of content to The Dispute Resolver.  She is our liasion to the Tech Committee of the Forum.  

We are so excited to continue to work with Jade and Jessica as steering committte members.  Kelsey is going to take over as a Division 1 Chair at the Annual Meeting in Vancouver.  I will stick around as the immediate past chair of Division 1!  

Next Toolbox Talk Series -- March 23rd at 12PM ET.  The next TTS will be on in-house counsel's perspective on improving arbitration.  The panelists will be Leslie King O'Neal, Patricia Thompson, and Laura Abrahamson from JAMS.  REGISTER HERE.

The full slate of TTS programs for 2023 is set.  Visit this page to see the full lineup and register for the programs! 

Next Division 1 Monthly Meeting is this Thursday, March 9, 2023.  Register to attend this meeting and future monthly meetings by clicking HERE.  

New The Dispute Resolver Team

Marissa Downs is the new Editor-in-Chief of The Dispute Resolver.  She has put together a fantastic team and schedule of publications for 2023.  The blog has a new look as well.  Thanks TDR Team for giving new life and energy into the blog.  

Law Student Building Results Event on March 29th.  

For a third year in a row, Division 1 is working with the Forum's law student liasion and the Membership Committee to put on a program for law students about the practice of construction law.  This year, the program is scheduled for March 29th.  We are looking for Division 1 Members to attend the networking portion of the event.  If you are interested, please contact me at rtdunn@pierceatwood.com or you can register for the event HERE.  

Vancouver -- Annual Meeting on April 12-14.

Register for the Annual Meeting HERE.  

Use this link to book your hotel room.

The program is on the Future of Construction Law.  Division 1 steering committee member, and my law partner, Katie Kohm, is one of the Co-Chairs.  She is working really hard on this program and I hope you will try to attend as the meeting will be fantastic!  Division 1 is partnering up with Division 8 for our lunch meeting and social event.  We are doing a sit down dinner on Thursday after the welcome reception (thanks Janie Winning for planning this).  

Ashley Sherwood is leading the practicum on Cross-Examination and Closing Arguments.  My law partner, Chris Whitney, is presenting at the practicum. We also have a former judge with a lot of construction experience on the panel.  

***Don’t forget to make sure that your passport is valid. Also, please note that there are differences between Canadian and U.S. laws that may require your attention before you arrive at the border. More information can be found at the Canadian government’s website https://lnkd.in/gmSGTNmt . If resolving issues may be necessary for you, addressing them may take a little extra time, so if you have any questions, please review this Canadian information as soon as possible.***

After the Annual Meeting, the next meeting will be in Washington, DC on government construction on September 27-29, 2023.  Division 1 Steering Committee Member, Catherine Delorey, is one of the co-chairs for that program.  

On a personal note, I have heard that some people have asked for an update about my family's pets as I previously wrote about our pandemic pet snakes and cats.  Pumpkin is now all grown up and he has a baby kitten sister that has joined us - Daisey.  That brings us up to 4 cats, 2 snakes, a gecko, and some fish!  Daisey is fitting in nicely.  With all of the free ranging cats in Puerto Rico, I was concerned that we would end up taking  few home :) Here are some photos of our trip to Puerto Rico, including from pigeon park, and Daisey/Pumpkin:

Pumpkin (L) and Daisey (R)

My daughter at Pigeon Park

My son at Pigeon Park

My family at the historic forts in Old San Juan

Welcome reception (cut off early by a rainstorm)

This peacock was a highlight during breaks in the Midwinter Meeting.

Looking forward to seeing many of you in Vancouver!!!   

Tom Dunn, Chair of Division 1 (Litigation & Dispute Resolution) 

rtdunn@pierceatwood.com

401-490-3418 (D)

What's Up With Division 1 (No. 18) -- Happy Holidays and Happy New Year!

Quite a bit has occurred since my last message from the Division 1 Chair, which was just before the Fall 2022 Meeting in Memphis, TN.  I will do my best to summarize the highlights but I wanted to start by saying HAPPY HOLIDAYS to all of Division 1's leaders and members.  I hope you are able to take some time off and enjoy the holidays with your family and friends.  I am very proud of what we have accomplished in 2022 and look forward to further collaboration with you all about construction litigation and dispute resolution into 2023 and beyond! 

Fall Meeting -- Memphis, TN (Sept. 28-30)

The Peabody Hotel was awesome!  The lobby was huge and very comfortable.  Full of southern charm.  The Forum Chair, Cary Wright, served as honorary duck warden (forget the real name).  A video of that is below:

We had a great dinner at Itta Benna, a hidden away restaurant located at the top floor of BB Kings.  Thanks to Mike Lane for scheduling this fabulous dinner and Breakwater Forensics LLC for sponsoring it.  Here are some photos:

We held the first of the 3-part trial advocacy practicums in Memphis.  They focused on jury selection.  Jason Rodgers-da Cruz led the planning effort for this program.  He was joined by Stu Sobel (last minute substitute due to Lu Prats having to deal with the Hurricane), Galina Davidoff, and Terry Brookie. 

Our lunch program, planned by Brett Henson and Jade Davis, on early dispute resolution was postponed because they are both based out of Florida and were dealing with Hurricane Ian.  We split up into different division lunches.  

We held Division 1’s annual planning retreat in Memphis.  We came up with a ton of excellent ideas for the concepts book and discussed some new ventures to try out.  Thanks to everyone who attended!  

Here are some other photos from the meeting.

Division 1 — Extreme Winds Program

Speaking of natural disasters involving wind, shortly after my last message, we held a fantastic virtual program on wind events.  This was a technical program.  It was very interesting and is full of videos.  I recommend you watch it if you have not already done so.  Thanks to Mike Lane for coordinating this program!

Division 1’s Toolbox Talk Series Programs - Sept, Oct, Dec

Just before the Fall Meeting, on September 22, 2022, we held a Toolbox Talk Series program on Ethical Conduct for Advocates and Neutrals (Rules and Remedies for Mediation Misconduct).  Thanks to Patricia Thompson and Deborah Ballati for leading this discussion.  Check out the video here:

We held Toolbox Talks in October and December as well.  October’s was on the Design-Build Standard of Care and led by Thanh Do and Joel Heard (partnership with Division 4).  I tagged along with Catherine Delorey and Mark Johnson for the December TTS on Strategies to Defeat or Mitigate Attorney’s Fee Prevailing Party Provisions.  

Both were great programs.  Kanita Williams, our most recent steering committee member, is going to lead the 2023 Toolbox Talk Series of programs.  Thanks to all the volunteers who made these programs a success.  

Division 1’s Arbitration Program with Division 8 - Nov. 10th

Division 1 and Division 8 agreed to collaborate on some programs.  The first of the programs was a virtual program on arbitration comparing domestic vs. international practices.  Pasha Ameli has been the D8 leader/liaison working hard to make these programs a success.  He moderated the panel of speakers (R. Zachary Torres-Fowler, Marcus Salvatore Quintanilla, Merra Kurubalan, and Patricia H. Thompson).  Thanks to Pasha, the speakers, and Division 8 for this program! 

The Dispute Resolver Posts

I am assuming you know about the TDR posts if you are reading this message, but I would be remiss if I didn’t mention that the following has been posted on TDR since the Fall Meeting:

• D1 Neutral Feature - Robbie MacPherson
• View from the Field Part 5 - Field Labor Disruption
• Jurisdiction - Employee Training, Alone, May Subject You to a Foreign State’s Jurisdiction 
• Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under Prompt Pay Act
• Contractual Claims Protection: A Checklist for Owners
• D1 Neutral Feature - John Bulman
• Twists and Turbines - A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

I want to thank all of the authors, editors and contributors of TDR.  After serving as the editor in chief of TDR for the past years, Catherine Delorey is going to hand-off the lead editor role to Marissa Downs.  Thanks very much Catherine for your work for TDR.  We launched some fun and different series since you have served as editor.  Congrats Marissa and I look forward to working with you on TDR as well as the new editors we are bringing on board.  

If anyone has an interest in being published in The Dispute Resolver, please reach out to Marissa Downs (mdowns@lauriebrennan.com) or Tom Dunn (rtdunn@pierceatwood.com).  

Forum’s Midwinter Meeting — Feb 1-3, 2023 (Caribe Hilton Puerto Rico)

Join us at the midwinter meeting (just about 1 month away!).  REGISTER HERE.

Joe Imperiale is leading the second practicum in the trial advocacy series on openings and direct examination.  Arrive early so you can attend the practicum on Wednesday.  

Marissa Downs is planning our social event which will be at the Casa Bacardi on Wednesday afternoon.  Be on the lookout for the registration info for that program, but it will include a mixology class, a tour, and reception sponsored by our friends at Construction Discovery Experts.  

Have a great end of 2022!   

Tom Dunn, Division 1 Chair

rtdunn@pierceatwood.com

401-490-3418

 

What's Up at Division 1 (No. 17) -- SEE YOU IN MEMPHIS!

The Forum is going to Memphis, TN (for the first time I think) from September 28-30th.  Register here for the meeting and practicum.  If you cannot make it in person, you can sign-up for the virtual program to receive the great CLE.  

Division 1 is holding its annual planning retreat on September 28th at 9am.  Please email me (Tom Dunn, rtdunn@PierceAtwood.com) to learn of the room name/location and/or receive the Teams invite to participate remotely.   Come and bring your ideas to plan out the 2022/2023 Bar Year which started at the beginning of September.  We will have some new Division 1 braded gifts at this meeting for D1 leadership so please try your best to travel early to attend.  

We will be hosting a construction trial skills practicum in the afternoon on September 28th.  Jason Rodgers-da Cruz lead our team to plan this practicum on openings and jury selection.  The space is limited to 25 people and it is almost sold out so register as soon as possible.  

We are doing our social event also on Wednesday night at 6:30PM in Memphis.  We are going to Itta Bena just down the road from The Peabody.  It is part of BB King's Blue's Club and is fine southern dining.  This dinner will cost $75/person thanks to the generous sponsorship of Breakwater Forensics LLC.  Register for the dinner here.  

Our lunch program will be on Thursday, September 29th.  Brett Henson and Jade Davis coordinated this lunch program on early dispute resolution with their colleague, Peter Silverman, from Shumaker

You can join this meeting via zoom by clicking on this link on 9/29 at 12:30pm CT. 

Extreme Wind Virtual Program -- 9/8/2022

Our speakers and moderator (Mike Lane) did a great job on the extreme wind / building code program on September 8th.  The video will be ready soon and I will post it.  Here is the flyer and some screenshots for now:

 

Next Toolbox Talk - 9/22 at 12PM ET

Such a great program is scheduled for Thursday, September 22nd.  Register Here.  It is on ethical conduct in mediation.  

Pretty soon we will be planning our our TTS programs for 2023.  If you want to join the committee putting these 30 minute programs together, contact me.  

Concepts Book Team

We formed a concepts book team led by Marissa Downs and Brett Henson.  If you want to join that team to propose programs / publications for next Bar Year, please email me and we will add you to this committee.  This is a great way to get in the pipeline for speaking opportunities.  

End of Summer / Start of the Fall

Summer went by TOO QUICKLY for me this year.  I went to the Forum's Summer Conference in Lake Tahoe, NV and attended the Forum's Leadership Planning Retreat there as well.  In addition to the CLE, we had a fantastic time with other Forum members and their families including parasailing, white water rafting, and other fun stuff.  I hope you all had a relaxing summer and I look forward to kicking off a productive ABA Bar Year with you in Memphis.  Here are some photos from Tahoe:

What's Up With Division 1 (No. 16)

New York . . . New York . . . Here We Come!  The ABA Forum on Construction Law's Annual Meeting is scheduled for May 4-7 in New York City. This meeting will be special for a lot of reasons including:

• The first program focused on the practice of law as in-house counsel.  While other aspects will be covered during the program, this is a great opportunity for outside counsel to learn more about their clients and to build new relationships with new in-house counsel who will be in attendance. 
• This is the first time back to New York since the Forum used to team up with TIPS for its midwinter meetings.  There are a lot of events and receptions planned for the Annual Meeting because it is so exciting to be back in the big apple.  
• Very important awards and recognitions will be given out at this meeting.  It is also when there is a transfer of Forum leadership.  Rob Ruesch from our Steering Committee is nominated for the Governing Committee -- come and support Rob! 
• Arlan Lewis, our Forum Chair, is having a gala to celebrate the Forum's 45 year history.  This is going to be black-tie and more extended and involved than the typical welcome reception.  I don't know if this is a Forum first, but it is new to me so it will be unique to be there. 
• Building for Good, a non-profit formed by Forum leaders, is holding its Racing For Good in Central Park on Friday afternoon. Walk, run, and compete for a good cause. 

Other excellent reasons to attend for Division 1 include our social event and practicum.  Both are on Wednesday, May 4, 2022.  

Like the program at large, the practicum is a mini-boot camp for "new" in-house attorneys.  But, all are welcome to attend provided there is capacity in the room.  This is a unique opportunity for outside counsel to look behind the "in-house" curtain about how they are trained, what issues they face, and how they aspire to select and work with outside legal counsel. Register for the practicum here.  

Division 1 and Division 13 are doing our social event together on at 7-9PM on May 4th.  It is hosted by George Fink of BRG -- thanks George & BRG! -- and will overlook Times Square (just 3 blocks from our Sheraton Hotel). We will have appetizers, drinks, and good networking just early enough so you can explore around town before the first plenary session on May 5th.  Register Here. 

On Thursday, April 28, 2022, Division 1 hosted a Toolbox Talk Series about neuroscience and mediation featuring Nancy Greenwald and moderated by David Ponte.  

Nancy did a great job walking us through the power of priming in negotiations and mediations.  She approached the presentation from a scientific viewpoint and provided dozens of resources for further research on the topic.  View the robust materials on Division 1's ABA Communities page. Thanks Nancy and Dan for a great TTS program!  If you missed this TTS, we will post the video of it once it is available.  

Marissa Downs and I discussed the Division 1 Neutrals Directory.  We are going to update the directory to contain more of the information we have gathered from our neutrals, send out an inquiry for updates and additions to the directory, and continue the feature series.  Great job Marissa for seeing this initiative through.  These posts and the Neutral Page is one of the most visited parts of The Dispute Resolver!  

We had our Division 1 monthly meeting on April 11th. We are in a good position for most of the programs/events in 2022 and are actively working to close out the balance.  If you missed the meeting, visit (and join if not a member) Division 1's ABA  Communities page here where you can see the minutes posted in the Discussion Forum.  

In you don't get enough of New York at the Annual Meeting (or you cannot attend for some reason), consider going to the American Bar Association's 2022 Construction Conference also in New York on June 9, 2022.  I have been to this before and it is great for all to attend -- in-house counsel, outside counsel, arbitrators, mediators, etc. 

The AAA is a good friend to Division 1, including Jen Millender (who serves on our TTS committee) so please consider attending. Register here. 

On a personal note, I had a great vacation last month in Europe visiting good friends and tour southern Germany and the Austrian Alps.  Of course, I was sporting the Forum gear (Building For Good Shirt) as you can see below having lunch (and a good German beer) at a ski resort midway point. 

See you in New York and, as always, if you want to learn more about Division 1 or the Forum, please contact me.  Also, if you want some D1 swag (lanyard, waterproof phone case, or umbrella), seek me out and I may have some to give you if you join D1! 

Tom Dunn

rtdunn@pierceatwood.com

401-490-3418

What's Up with Division 1 (No. 15)

It has been a few months since I wrote a message on The Dispute Resolver so I have a lot to report.  First, thanks to Catherine Delorey, Marissa Downs, and the whole TDR team for keeping up with the blog and the D1 Neutral Features.  Some of the features from this year have had amazing readership (well over 1,500 views for some of them).  

Midwinter Meeting 2022 - San Diego.  While it was unseasonably cold and windy for San Diego, Division 1 programs were great.  Marissa Downs planned an excellent lunch program on the Indiana State Fair Stage Collapse and she had the magic touch to resolve the technical issues that arose during the program.  Janie Winning knocked it out of the park with the social program in the Gas Lamp District.  The food and atmosphere was awesome!  Here are some photos from the meeting:

January Toolbox Talk Program - Sakib Khan and Joelle Jefcoat (D3) on Delegated Design.  Sakib and Joelle did a great job tackling this thorny topic.  It was great to partner with Division 3 as well on this program.  We recorded it so please check it out:

Building Results: A Panel for Law Students - Division 1 teamed up with the Membership Committee to conduct a program for law students.  We assembled a great panel of construction lawyers and I moderated this with Lexie Pereira (our own law student and YLD liaison).  Please share this video with your network as well.  

Jury Selection Program - In March, Jason Rodgers-da Cruz and Joe Imperiale moderated a program on jury selection.  The panel included experienced trial attorneys and a jury consultant.  This was a good preview into the trial advocacy practicum series that Jason, Joe, and Ashley Sherwood are putting together for the Fall 2022, Midwinter 2023, and Annual 2023 Meetings.  

UPCOMING PROGRAMS

April Toolbox Talk Program - Neuroscience in Mediation (April 28 at 12PM ET).  Nancy Greenwald will be discussing research and findings concerning neuroscience in mediation.  David Ponte will be moderating the discussion with Nancy.  Join the conversation and register for this free toolbox talk program.

The Annual Meeting in NYC is less than one month away!  Here is the program brochure and registration link.  The program will focus on in-house counsel for construction companies.  You can attend in-person and virtual.  Division 1 planned a practicum, lunch program, and social event.  Division 1 steering committee member, Kelsey Funes, is one of the co-chairs of this program so lets support her by registering and attending this program.  It has been many years since the Forum has been in NYC so it will be one to remember.  Here are some of the events at the Annual Meeting:

• In-House Counsel Practicum - Wednesday, May 4th.  Cassidy Rosenthal put together a great panel of in-house counsel for the practicum.  It is a bootcamp for in-house counsel covering a broad range of topics.  Outside counsel are welcome at attend this program virtually.  
• Social Event - Wednesday, May 4th at 7PM.  There is going to be an awards gala on Thursday night and another social event on Friday night so we are planning our Division 1 event on Wednesday night.  George Fink planned this event which will be at a rooftop bar overlooking times square.  Register for the event here or click on the image below to sign up.  We will be partnering with Division 13 for this event.  Thanks George and BRG for making this event complimentary to attend.  

• Blockchain in Construction Lunch Program.  Rob Ruesch planned our lunch program for the Annual Meeting.  We are teaming up with Divisions 2/4/6 for this lunch.  Speakers are Jake Rohrer and Matt Gelb from Wipfli LLP and Nancy Greenwald.  

We are actively planning for upcoming meetings.  We are having our monthly business planning meeting on April 11th at 3PM ET.  Here is the zoom link to attend https://americanbar.zoom.us/j/8035484597?pwd=bld1YysxL25ibWxYZTQ5L29OTmYrdz09.  

See you all in NYC next month! 

Tom Dunn

Division 1 Chair

rtdunn@PierceAtwood.com

 

What’s Up With Division 1 (No. 14)

This year my family chose somewhat of an atypical holiday photo.  We proudly feature the Division 1 branded umbrella!  You can see the #1 logo just over my daughter's shoulder.  

I hope you and your family/friends are having a wonderful holiday season.  I know how busy 2021 felt for many of our D1 members and we all deserve some down time before we ramp back up in 2022! 

Even with the heavy workloads and crazy, evolving work life balance decisions we had to make in 2021, I am so proud of the efforts Division 1 members made this year to engage, educate, and network with each other.  Here is a listing of some of the programs and events we conducted:

• Virtual Escape Room (Feb. 2021) with Divisions 7/9
• Napa Valley Wine School Online Class (March 2021)
• Return on Investment of Construction Claims (March 2021) 

• Privilege Walk (April 2021) with the Forum's D+I Committee and NAWIC
• Charting Your Path to an ADR Practice (June 2021) with the Section of Litigation's Construction Litigation Committee, NAWIC, and the AAA

In addition, we scheduled eight Division 1 Toolbox Talk Series programs this year.  Our TTS Planning Team has demonstrated incredible creativity and effort to get this series off the ground.  Big thanks to Jade Davis, Patricia Thompson, David Ponte, Daya Naef, and the other TTS team members / discussion leaders that put on these programs!  We are going to continue strong in 2022. Contact me (rtdunn@PierceAtwood.com) if you want to get involved. 

Finally, Catherine Delorey and The Dispute Resolver editorial staff published nearly 40 posts in 2021.  Great job TDR Team!

Looking forward, our next TTS program is scheduled for Thursday, January 27, 2022 at 12:00PM ET.  Sakib Kahn will be co-leading a discussion about thorny topic of litigating design delegation issues.  Registration page and promotion of that will be sent out next week.  

We also are conducting a second Building Results program for the Forum/D1's law student membership on February 2, 2022 at 5PM ET. The Forum's law student liaison and D1's YLD liaison, Lexie Pereira and I will co-moderate this program with excellent panelists: Jeff Cruz, Leslie O'Neil, Carmela Mastrianni, and Richard Wittbrodt.  

The Forum's midwinter meeting is in San Diego on February 23-25, 2022.  Division 1 events will include:

• Division Lunch - A Perfect Storm: The Engineering and Legal Lessons Learned in the 10th Year Anniversary of the Indiana State Fair Stage Collapse."  Our speakers will be Kurt Hoigard, an engineer with Raths, Raths, Johnson (RRJ) and John Van Winkle, Van Winkle Baten Dispute Resolution.  Thanks to Marissa Downs for taking the lead on this lunch.   

• Practicum - Advanced Advocacy Skills in Mediation Practicum | Wednesday, February 23, 2022, 1:00PM – 4:00PM, San Diego, CA.  Construction cases are complex and often involve not only complex technical issues, but also numerous parties, voluminous documents, and a myriad of claims and counter-claims.  Many construction cases are resolved through mediation – and nearly all of them will at least attempt mediation voluntarily, or be required to by contract.  However, a successful mediation of complex construction cases requires a skilled neutral and experienced advocates. This Mediation Practicum will provide advanced mediation and negotiation insights and skills for construction lawyers, construction companies, and neutrals alike to maximize the potential to effectively mediate and resolve complex construction cases.  This practicum will be an interactive event with the attendees including participating in and observing role plays and learning from some of the top construction lawyers and mediators.

REGISTER HERE FOR THE PRACTICUM

After the midwinter meeting, the ABA Forum on Construction Law is conducting 3 additional meetings in 2022:

• New York City - May 4-7, 2022
• Lake Tahoe - July 26-28, 2022
• Memphis - October 2022

Happy Holidays and looking forward to working with you all next year!!  

Tom Dunn, Division 1 Chair

Pierce Atwood LLP

rtdunn@pierceatwood.com