When: Tuesday, September 16, 2014
Where: Pines Manor, Edison, NJ
Accreditation: 6 CLE Credits plus 1 Ethics Credit pending
Special Guest!  Former NY Giants Super Bowl XXV MVP Ottis ‘OJ’ Anderson!
Chaired by: Michael G. Serafino, Vice President & Assistant General Counsel,  Lend Lease Americas and Dennis A. Estis, Partner,  Greenbaum Rowe Smith & Davis LLP. 
Executive Producer: Marc Goldberg, Veritext Legal Solutions
Prices: $295 per attorney in private practice; $650 for service providers; and complimentary for in-house counsel

Bruce_Meller  NEW!  Luncheon Keynote Speaker

Bruce D. Meller, Senior Partner, Peckar & Abramson

Bruce Meller has been a partner at Peckar & Abramson since 1979. He has been described by The Legal 500 : United States as “exceptional, with strong trial and arbitration experience” and “the epitome of the construction litigator, who understands a company’s needs and goes out to get results.”


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You can access the PowerPoints by clicking on the session titles below. 

Registration & Breakfast  7:30 a.m.

Welcome & Opening Remarks  8:45 a.m.

Project Delay Damages 9:00 a.m.
Michael Serafino, Lend Lease Americas, conference chair & moderator
Gary Werner, Schenck Price
Mark Fleder, Connell Foley
Kelly Heuer, Navigant Consulting

  • What are the Project Delay Damages and how are they proven?
  • What is the proper role of Damage Experts and what kinds of documents will they need to prepare and testify?
  • What are the difficult “items” of delay damages claims and how should they be approached for documentation and proof purposes?
  • What other sources of information are useful to proving damages claims besides what your own client’s records contain?
  • What is “Unabsorbed Overhead” and is it recoverable as part of Delay Damages Claims?
  • Can “Profit” be recovered as part of Delay Damages?
  • Against whom are Contractor’s Delay Damages Recoverable?
  • What is the “Economic Loss Rule” and what does it have to do with Delay Damages?

Insurance Coverage Claims & Disputes 10:00 a.m.
Carlton Spiller, Greenbaum Rowe, moderator
Adam Smith, Coughlin Duffy
Chris Carroll, Carroll McNulty
Deborah Masucci, Arbitrator

  • Breach of contract claims and defenses.
  • Contractual indemnity.
  • Coverage for additional insureds.
  • Trends in insurance coverage case law.

Coffee Break 11:00 a.m.

Construction Defect Litigation 11:30 a.m.
Daniella Gordon, Gordon Law Firm, moderator
Lee Tesser, Tesser Cohen
Dennis Drasco, Lum, Drasco & Positan
Jonathan Dixon, Dixon Associates

Lunch 12:30 (90-minutes! An awesome menu and a keynote speaker!)

Construction Contracts 2:00 p.m.
Dennis Estis, Greenbaum Rowe Smith & Davis, conference chair & moderator
Steve Charney, Peckar Abramson
Adrienne Isacoff, Lowenstein Sandler
Joseph R. Haftek, Jr., Schenck, Price, Smith & King, LLP

  • Consensus documents vs AIA documents vs ASCE contract documents.
  • What are the problems with them and what are the benefits.
  • AIA documents past and future changes.

In-House Counsel Perspectives 3:00 p.m.
Howard Uniman, Wolff Samson, moderator
Larry Leykam, General Counsel, The Epic Group
Janesa Urbano, General Counsel, Ernest Bock & Sons
Robbie Vargo, General Counsel, Turner Construction

  • How do they select outside counsel?
  • How much are they doing in house in terms of construction claims?
  • What are they looking for?
  • What kind of communication is there between in-house and outside counsel?
  • What kind of billing arrangements are they doing these days?
  • In-House Counsel’s approach to discovery and our coordination with outside counsel.
  • The increasing role of E-Discovery and the toll it takes on  cases.

Break 4:00 p.m.

Mediation/Arbitration 4:15 p.m.
Robert J. MacPherson, Gibbons P.C., moderator
Hon. John Harper (ret.), Laufer, Dalena, Cadicinia, Jensen & Boyd
John Bickerman, Bickerman Dispute Resolution
Neil Eiseman, Goetz Fitzpatrick

Adjourn 5:15 p.m.

Additional Materials

  1. AIA Standard Form of Agreement Between Owner and Engineer for Professional Services
  2. AIA Standard Form of Agreement Between Owner and Contractor
  3. AIA General Conditions for the Contract for Construction
  4. ConsensusDocs(tm) Standard Agreement and General Conditions Between Owner and Construction Manager
  5. ConsensusDocs(tm) Standard Agreement and General Conditions Between Owner and Constructor (Lump Sum Price)
  6. ConsensusDocs(tm) Standard Agreement and General Conditions Between Owner and Construction Manager
  7. Standard Form of Agreement Between Owner and Architect
  8. ABA Comparison of ConsensusDocs and AIA Form Construction Contract Agreements
  9. Additional Insured Issues in the Construction Industry by Coughlin Duffy LLP