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Elk Grove, California

Primary Area of Expertise Construction Schedules Construction Claims Public / Private Construction Multi-Stakeholder Mediations Commercial Construction

https://www.adr.org/videoresume?paramName=819125490<br/>

Experience - 35 years total<br/>Serving both Owner and General Contractor over 23 years.<br/>Serving as a Consultant to United States Air Force 12 years.<br/><br/>Roles: Construction Subject Matter Expert, Dispute Resolution Facilitator and Coach, Project Neutral, Mediator / Arbitrator / DARB AAA Panelist, Construction Scheduling Analyst for progress and time impacts.<br/><br/>Construction Experience:<br/>Construction Defect, Claims _ Dispute Resolution _ all Construction Disciplines · Completion Planning · Commissioning Plans · Baseline Schedule Development, Monthly Reporting/Review · Claims Avoidance Techniques · Develop of Front-End Documents (Division 00 - 01) · Fragnets · Integration of Dispute Resolution Techniques · KPIs/OKRs · Manage of Unforeseen Conditions

Winning CM Strategies, LLC – Construction SME / Independent Project Neutral

AAA DARB, Construction Subject Matter Expert, MC3 Certified Mediator, Project Neutral, Advisor, Program Management Consultant

CEO, Winning CM Strategies LLC, 2019-Present; Project Controls/Scheduling Manager, Vanir Construction Management, 2017-2019; Lead Regional Scheduler, Turner Construction, 2006-2017; Senior Corporate Scheduler, Kitchell CEM, 2004-2006; Corporate Scheduler, Lewis C Nelson & Sons, 2002-2004; Senior Scheduler/Programmer, Robbins-Gioia, 1994-2002; Cost Accountant, Grumman Data Systems, 1990-1994.

23 years Construction<br/>12 years Scheduling / Process Improvement Consultant to United States Air Force<br/><br/>Construction Subject Matter Expert for Construction Claims and Defects. Provides Executive Advisement and Coaching for Risk Management, Project Management, and Program Controls. Served as a project neutral, mediator and arbitrator for over 100 disputes. A central support figure for the successfully delivery of complex Northern California projects such as the Sacramento Airport, Large IT campuses, Levis Stadium, Golden 1 Arena. Partners with Construction Executives to effectuate savings to an organization’s bottom line by providing advisement in construction strategies and risk management, disputes and claims, assisting in the development of organizational infrastructure. This strengthens the executive management team’s ability to evaluate alternatives, set priorities, collaborate on approaches with the goal of achieving strategic objectives and continuously resolving disputes throughout the project lifecycle. <br/><br/>Provides delivery support services through the integration of dispute resolution techniques into the construction workflow, processes, and contracting agreements. This includes facilitating workshops in plurilateral settings focusing on process, procedures, and program dynamics, always guiding project teams toward resolutions and an aligned path forward. Is an expert at harnessing collective intelligence in plurilateral settings, steering toward resolutions and solutions.<br/><br/>Expertise is held in both multiple contract types and deliveries, construction trade and discipline expertise, project and master program scheduling, disputes and claims, time impact and cost analysis, risk management and process improvement on program volumes totaling over $10B. Involved in the mitigation of complex construction issues, and facilitation of multi-stakeholder mediations, negotiations, and settlement conferences. Proficient in the development and writing of contract documents for the construction industry.<br/><br/>Counsel master program and project teams in the integration of dispute resolution techniques into construction workflows, processes, and contract agreements. Support teams in the effective management and adaptation of contract changes.<br/><br/>A respected construction subject matter expert in project life cycles and construction phasing, with an extraordinary knowledge of the construction building sequences, understanding of building systems, and workflows of each trade and discipline. Understands the integration of design and construction requirements influencing the operations of the program/project. Majority of practice is devoted to the establishment of cause and merit for issues impacting workflow, time, cost, constructability, and completion of the projects. The mediations occur during the project lifecycle with an average volume in excess of $750K.<br/><br/>Recognized expert in facilitating collaborative approaches in reaching resolutions, settlements, and a path forward, while maintaining an adherence to the contracts.<br/><br/>Dispute types: <br/><br/>Construction Claims · Construction Defects · Cardinal Change · Contract Disputes · Cost / Schedule Impacts · COVID-19 · Escalation / Incurred Costs (Material and Labor) · Inefficiencies · Liquidated Damage Assessment · Unforeseen Conditions · Force Majeure · Material Supply · Meeting Facilitation · Negotiations · Notice to Cure / Default · Settlement Conferences. <br/><br/>Contract Types: CM At-Risk, Design Bid Build, Design Build, Progressive Design Build, IPD (Integrated Project Delivery), P3<br/><br/>Building Types: Education, Aviation, Stadiums, Arenas, High Tech Campuses, High-Rise, Mid-Rise, Central Utility Plants

Established as an independent project neutral for over 100 mediated disputes, serving as a mediator on complex, multi-stakeholder construction. Mediate complex construction issues entangled by a complex set of specifications.<br/><br/>These mediations consist of multi-stakeholders (average of 10-15 individuals) and cover the resolution of project disputes, discovery of causation and merit, negotiation of damages, and settlement conferences. The majority of the mediation practice is devoted to the establishment of causation and merit for disputes impacting workflow, time, cost, constructability, and completion of the projects. <br/><br/>Contracted as an independent consultant to mediate complex disputes on both public and private construction projects. These disputes have been both during and after construction completion. <br/><br/>Dispute Types: Contract, Schedule and Time Impact, Errors and Omissions, Design Defect, Construction Defect, General Construction Claims, Mechanic Liens, California State Fire Marshal Deficiency Notices, OSHPD Inspection Disputes, Unforeseen Conditions, COVID-19, Force Majuer <br/><br/>Contract Types: CM At-Risk, Design Bid Build, Design Build, Progressive Design Build, IPD (Integrated Project Delivery), P3<br/><br/>Building Types: Education, Aviation, Stadiums, Arenas, High Tech Campuses, High-Rise, Mid-Rise, Central Utility Plants

Facilitation of collaborative approaches in reaching resolutions, settlements, while maintaining an adherence to public contracts; causation and merit of time and cost impacts; maximum disputed volume up to $32M; cost benefit analysis for risk mitigation vs termination; exposure analysis for all stakeholders; notice to cure; notice for default; construction default, risk mitigation implementation; resolution of impacts related to directives made by authorities having jurisdiction; COVID-19 (time impacts, supply chain, resource availability, and cost escalations).

Mediation is positioned on the alternative dispute resolution continuum whereby parties still retain power over their destinies. Extensive experience in facilitating difficult conversations in a productive way, maintaining neutrality, yet striving to be instrumental in changing the face of conflict by revealing common ground, and fostering a path forward. This requires subject matter knowledge, emotional intelligence, empathy, listening skills and the ability to respond to intense emotions in a productive way. <br/><br/>Includes a pre-mediation approach sets the goals, tone, and expectations of the mediation. Facilitation of pre-meetings, exchange of information, briefs, establishment of collaborative agendas and timelines. Mediations are then conducted via joint sessions with breakout rooms. The average number of individuals in a session is 10-15; however, there have been sessions with as many as 40 persons in the room. <br/><br/>A conflict in construction is usually multi-stakeholder, characterized by layers of issues, interests and emotions which have been developed and triggered throughout the impact. A process is established for the preparation and sharing of information necessary for a productive outcome. Each party makes commitment to have a representative present who holds the authority to settle. <br/><br/>Evaluation is given, upon request, and approached with caution.

Technically Proficient in:<br/><br/>Zoom · Teams and Microsoft 365 Platform and Product Suite · Google Workspace · AI Large Language Models · Acrobat Product Suite · Bluebeam · Construction Management Software Platforms · Phoenix Scheduling Software · Primavera Scheduling Software (P6) · SharePoint Platforms · Visio

Pepperdine School of Law Straus Institute (Masters in Dispute Resolution (MDR)-2021); Cedarville University (BS, Business Administration, Finance and Marketing-1990).

MC-3 Certified Mediator (2024) · Dispute Resolution Board Foundation (2024 · Caltrans Dispute Resolution Board (2024) · Early Dispute Resolution (2024) · WBENC (2024) · WOSB (2024) · SB (Micro) and SB-PW (2024). (All certifications are up to date)<br/><br/>

Firm Owner Memberships:<br/> The Mediation Society -- Executive Board Member<br/> Sacramento Bar Association (SBCA): Executive Committee ADR Section<br/> Sacramento Bar Association (SBCA): Construction Forum<br/> Early Dispute Resolution Institute<br/> MC3 Certified Mediator (Executive Board)<br/> Mediate.com – Premium Mediator<br/> Mediators Beyond Borders International (MBBI)<br/> American Bar Association (ABA): Construction / Dispute Resolution Forums<br/> Construction Management Association of America (Northern California)<br/> National Association of Women in Construction (NAWIC)<br/> Project Management Institute – Silicon Valley Chapter<br/> Women in Construction (WIC)<br/> <br/>Memberships: The Mediation Society - Executive Board, Sacramento County Bar Association - Executive Committee for ADR Section, American Bar Association - Construction Law and ADR Forums, Mediators Beyond Boarders International, Mediate.com - Premium Mediator, MC3 - Executive Board

Virginia Mediation Network, Early Dispute Resolution CLEs, 2024, Department of General Services, Focus Friday, Beyond the Contract, Virginia Mediation Network, Growing your Practice with CLEs, 2023 · Women in Construction, Crushing Stereotypes Panel (Washington D.C. Conference), 2022 · American Bar Association Construction Law Forum Luncheon Panel on Project Neutrals, 2022 · Advancing Construction Planning & Scheduling, 2019 · Western Council of Construction Consumers Third Annual Project Controls Summit, 2017.

Sacramento, CA and immediate region<br/><br/>Note: Meetings held 1:00 PM - 5:00 PM PST within 40 miles of the Sacramento Region may be considered for voidance of travel expenses.

$450 Per Hour

English

United States of America

Elk Grove, CA

The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
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