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Published by rgraphics2000, 2018-11-15 11:23:39

18113161 Emerald Proof

WELCOME!
On behalf of Emerald Expositions, our presenting sponsors, Peckar & Abramson, PC and Cozen O’Connor, the CSC advisory board, our partner associations, AGC of America, the American Bar Association and the American Arbitration Association, our Platinum sponsors, Ankura, Reed Smith and LitCon Group, our Gold sponsors Duane Morris, and Kilpatrick Townsend, our Silver sponsor, Hogan Lovells, our Bronze sponsor Cokinos and all of the sponsors, welcome to the 2018 Construction SuperConference (CSC).
Construction SuperConference is the leading event for construction rms and the industry’s top construction lawyers. The entire CSC staff and I are happy you are with us this week and will do all we can to make sure you have a productive and enjoyable experience.
Our advisory board has once again developed an outstanding conference lineup. This year’s conference, led by the nation’s top experts and thought leaders, begins at 2:30 pm on Monday and offers more than 40 educational opportunities over 3 days and will cover a wide range of important topics.
We once again kick off the conference with the Women’s Leadership Workshop featuring Sally Helgensen and Michael Sera no and sponsored by Ankura, Lendlease and Eversheds Sutherland. We are also pleased to once again offer an Executive Series session, BIM Project Execution Planning, presented by the Association of General Contractors of America.
In addition to a top notch educational conference, I invite you to join your colleagues and spend some time in our Knowledge Exchange and visit with more than two dozen companies. The Knowledge Exchange kicks off on Monday evening with a reception, sponsored by the Rhodes Group and Jones Walker LLP, scheduled for 5:15 pm - 6:45 pm
Begin Tuesday with coffee and breakfast sponsored by Secretariat and then join us for our opening keynote session featuring Rich Karlgaard an Entrepreneur-turned-publisher, columnist, author, television commentator, private investor and board director. Karlgaard has a unique vantage point on the trends driving the business and investment climates. His insights help audiences see the global marketplace with new eyes. A publisher of Forbes magazine, where he writes a biweekly column known for its witty and honest assessment of current business issues, a regular panelist on cable news’ most popular business show, Forbes on FOX, and was a frequent guest analyst on CNBC’s The Kudlow Report. He’s also a successful entrepreneur and past winner of Ernst & Young’s “Entrepreneur of the Year Award.” Presented by Cozen O’Connor, this is not a session you want to miss.
Education and networking come together on Tuesday at 12:45 pm for our luncheon and plenary session which focuses on the future of project delivery. Presented by Peckar & Abramson, and sponsored by David Pattillo and Associates,
this plenary panel discussion is moderated by Steve Charney, Chairman at Peckar & Abramson and features
Geoffrey W. Neumayr, Chief Development Of cer at San Francisco International Airport Planning, Design &
Construction Division; Michael Cherry, Vice President of Engineering and Estimating at Skanska USA Civil West and Robert Barbera, Vice President and General Manager at Turner Engineering Group.
We conclude Tuesday with a Cocktail Reception beginning at 5:30 pm at Jardin sponsored by Peckar & Abramson. For your convenience, a complimentary bag check will be available.
Wednesday gets started with coffee and breakfast on the Knowledge Exchange oor which will be followed by more outstanding conference sessions. Another fantastic luncheon sponsored by Secretariat
and plenary session presented by AGC of America and sponsored by Dorsey features Kenneth Simonson, Chief Economist at Association of General Contractors of America and gets underway at 11:45 am Before wrapping up our 2018 conference, choose from four stellar educational sessions in our nal block.
A special thanks to KLDiscovery for sponsoring the conference pens, Duane Morris for sponsoring our badge lanyards and Eversheds Sutherland for sponsoring the conference materials on the USB drives.
Whether this is your 33rd time at CSC or just your rst, we trust you walk away with invaluable connections, information and resources to assist you in meeting today’s challenges. Please reach out to me or any of our staff if there is anything we can do to help make your time with us more productive and enjoyable.
Enjoy your time at this year’s Construction SuperConference. Best regards,
Kevin Gaffney, CEM
Director
Construction SuperConference [email protected]
2018
TABLE OF
CONTENTS
Hotel Floor Plan ...........C3-C4
Conference Advisory
Board .....................................4
Attendee Information ...........6 Agenda At-A-Glance.............8 Networking Events .............10 Conference Sponsors.........11 KeynotePresentations 12-13 EducationalSessions ..14-35 Knowledge Exchange
Floor Plan ............................36
Knowledge Exchange Sponsors ....................... 37-39
Sponsor Product
Categories ...........................40
2 www.constructionsuperconference.com




LETTER FROM THE BOARD Welcome to the 2018
Construction SuperConference!
We have had the honor and pleasure to serve as co-chairs of the Conference for many years and we are delighted to share with you two observations.
2018
First, the Conference is improving each year in its delivery of quality programs, serving attendees at all levels of experience. This improvement is the result of a change made several years ago to a competitive call for topics and presentations which are carefully reviewed and considered by the Conference Advisory Board. That effort requires the review of almost one hundred submissions. We thank and offer our highest compliments to the Board for another year of service to the Conference.
Second, the Conference has retained its important function as the gathering of leading construction lawyers and consultants. However, thanks to the expertise of the Conference owners, Emerald Expositions, everything from the ow of the sessions, to the design of time and spaces for interactions among participants, sponsors and exhibitors has been enhanced year after year. The result is that the CSC has retained its long-standing reputation as the place for networking among colleagues.
This year as always, we encourage you to participate in the more than 40 professional sessions, panels and discussions – and to engage in the networking sessions and cocktail receptions with fellow attendees, presenters and sponsors – each created with our Conference participants in mind. Our exhibitors also look forward to meeting you, we hope you will spend time exploring some of the cutting-edge products and services demonstrated this year.
BRIAN M. PERLBERG
AGC Senior Counsel for Construction Law and Contracts
THOMAS GIORDANO
SVP and General Counsel, Project Management and Construction,
Lend Lease Americas
I hope you enjoy this year’s conference. Yours,
Bob Peckar,
Conference Co-Chairman, Peckar & Abramson, P.C.
Bruce Ficken, Conference Co-Chairman Cozen O’Connor
JOSEPH PORTELA
General Counsel and Senior Vice President, Dragados USA
KELLY HEUER
Senior Managing Director, Global Construction Practice, Ankura
Special Thanks to
STEVEN CHARNEY
Peckar & Abramson, P.C.
BRUCE W. FICKEN
Partner, Cozen O’Connor, Construction Practice Group Chair
ROBERT PECKAR
Founding Partner, Peckar & Abramson P.C.
4 www.constructionsuperconference.com




2018
GENERAL INFORMATION For a full schedule of events, please refer to the next page
Housing Services
OnPeak, the of cial housing provider for Construction SuperConference, is available during the conference to assist with any hotel matters while you are in Las Vegas. Please call (855) 992-3353
Lost & Found
Badges
The of cial registration badge should be prominently displayed at all times for admission into conference sessions, the Knowledge Exchange Expo and other of cial events. If you misplace your badge, please inquire at
the Registration desk. Badges are not transferrable and must not be loaned to anyone for any purpose during the
conference.
Mobile App
Download the mobile app and stay organized with up-to-the-minute Sponsor, Speaker, and Event Information.
Business Center
For everyday of ce needs, Encores’ sister hotel, the Wynn, offers basic of ce supplies and copies. Encore also offers a smaller business center, located across from the Chopin rooms, for shipping and printing needs.
First Aid
Limited rst aid is available from the concierge or security.
Future Dates
Construction SuperConference 2019 Terranea Resort
Rancho Palos Verdes, CA December 2-4, 2019
Giveaways
Special prize giveaway will be presented Wednesday at the closing Plenary Luncheon. Bring your business cards to enter to win. You don’t want to miss this!
Drawings are open to all registered attendees. No entry is required, however the winner must be present when name is called.
Turn in or pick up lost items at the Construction SuperConference registration desk, located at Registration Desk 6 next to Encore Ballroom.
MCLE Filing
MCLE ling will take place within 6 weeks of the conference’s conclusion. Certi cates of attendance will be emailed to attendees at that time. To view State Approvals, please visit www.constructionsuperconference. com/conference/cle. If you have questions please contact CSC Conference management at maya.wright@ emeraldexpo.com.
Security
Show Management provides adequate perimeter security on-site. However, it is the sponsor and attendee’s responsibility to ensure the security of their property.
Show Of ce
For inquiries to CSC conference management, please visit room Chopin 1.
Social Media
Follow us! @ConSuperCon on Twitter
Like us! Construction SuperConference on Facebook Connect with us! Join the Construction SuperConference group on LinkedIn
Speaker Lounge
The Speakers lounge offers a private area for speakers to meet, prepare and relax prior to their sessions. The speakers lounge is located in Puccini, located across from Encore Ballroom.
6 www.constructionsuperconference.com


DUANE MORRIS’ CONSTRUCTION GROUP is nationally ranked by Chambers USA among the leaders in the industry and is a ve-time nalist for the Chambers USA Award for Excellence.
U.S. News-Best Lawyers also consistently recognizes Duane Morris with top-tier national awards in Construction Law and Litigation–Construction, including naming Duane Morris
“Law Firm of the Year” for three consecutive years.
With construction attorneys across the United States and projects worldwide, the group’s lawyers provide a full range of legal services to clients in all aspects of construction and government contracting.
Duane Morris LLP, a law rm with more than 800 attorneys in of ces across the United States and internationally, is asked by a broad array of clients to provide innovative solutions to today’s legal and business challenges.
For more information, please contact:
MARK A. CANIZIO
Chair, Construction Group
Duane Morris LLP 1540 Broadway
New York, NY 10036 212.692.1083 [email protected]
www.duanemorris.com
Duane Morris – Firm and Af liate Of ces | New York | London | Singapore | Philadelphia | Chicago | Washington, D.C. | San Francisco | Silicon Valley | San Diego Los Angeles | Taiwan | Boston | Houston | Austin | Hanoi | Ho Chi Minh City | Shanghai | Atlanta | Baltimore | Wilmington | Miami | Boca Raton | Pittsburgh Newark | Las Vegas | Cherry Hill | Lake Tahoe | Myanmar | Oman | Duane Morris LLP – A Delaware limited liability partnership


AGENDA AT-A-GLANCE
11:00 am - 6:30 pm 8:00 am - 5:00 pm 1:00 pm - 2:30 pm
2:30 pm - 3:45 pm
2018
Registration Open
PC1 Unit 3: BIM Project Execution Planning (3rd edition) Presented by: AGC of America, Sponsored by: Holland & Knight and Smith Currie PC2 How Women Rise: Helping Women Break the Habits that Hold Them Back Presented by: Ankura, Lendlease, Eversheds Sutherland
S01 Game Change! Why Prefabrication and Modular Construction Doesn’t Fit Your Traditional Legal Approaches and How to Tailor These Advancements! S02 Risk Mitigation Through Proper Deal Structuring: A Proactive View of Owner/Contractor Relations
S03 ABA - SCOTUS Swings the Pendulum Back in Favor of Arbitration: Ensure That Your Next Arbitration Clause Is Effective and Enforceable
S04 Dispute Resolution: P3
MONDAY, DECEMBER 10
4:00 pm - 5:15 pm 5:15 pm - 6:45 pm
7:00 am - 6:00 pm 7:45 am - 8:15 am 8:15 am - 9:30 am
9:45 am - 11:00 am 11:00 am - 11:30 am 11:30 am - 12:45 pm 12:45 pm - 2:15 pm 2:30 pm - 3:45 pm 3:45 pm - 4:15 pm
4:15 pm - 5:30 pm
5:30 pm - 7:00 pm
7:30 am - 2:00 pm 7:30 am - 8:30 am
8:30 am - 9:45 am
9:45 am - 10:15 am 10:15 am - 11:30 am 11:45 pm - 1:30 pm 1:45 pm - 3:00 pm
S05 Construction Labor Relations Issues for the Construction Litigator & Non-Labor Attorney
S06 Talking Your Way to Project Success: Active Involvement of Dispute Boards to Manage Risk and Minimize Costs and Conflicts S07 AAA - How Arbitrators Evaluate the Testimony of Schedule and Damage Experts
R01 Welcome Reception in the Knowledge Exchange Sponsored by: The Rhodes Group and Jones Walker
Registration Open
KE1 Pre-Keynote Breakfast Sponsored by: Secretariat
K01 Welcome and Opening Keynote: Rich Karlgaard Presented by: Cozen O’Connor
S08 The Use of Emerging Technology in Building Innovative Construction Dispute Resolution Strategies
S09 Hot Topics for 2019 Construction Contracts: Design Scope, Schedule, Insurance, Indemnity, Dispute Resolution and Beyond
S10 The Rapidly Shifting Sands of Project Risk Allocation - Are We Losing our Footing as Project Delivery Methods Evolve?
S11 Where There is Smoke There is Fire: How to Prevent Your Mega-Construction Project From Flaming Out
KE2 Knowledge Exchange Networking & Break Service Sponsored by: Secretariat
S12 Crisis Management: Protecting the Company from Bet the Company Problem
S13 Advocacy in Construction Litigation: Cross Examination
S14 Effectively Preventing and Resolving Disputes Using Partnering and Dispute Boards
S15 Spotting Landmines: Taking Care of Pre-Construction Errors Before Your Project Blows Up
K02 Luncheon and Plenary: The Future of Project Delivery Presented by: Peckar & Abramson, Sponsored by: David Pattillo & Associates
S16 Construction in Latin America: The Do's and Don'ts for U.S. Firms
S17 ABA/CLC - Litigating the Ongoing Project: Risks and Strategies
S18 Liquidated Damages: The Evolving Landscape
S19 Collaboration as a Risk Management Tool: Build a Bridge, not a Wall
KE3 Knowledge Exchange Networking & Break Service Sponsored by: Secretariat
S20 Chasing the Infrastructure Initiative
S21 Coming to America: International Arbitration Procedures in Domestic US Arbitrations - A Better Mouse Trap or the Emperor's New Clothes? A Lively Debate S22 Building Resilience: Legal Issues Relating to Resilient Design and Construction with a Focus on Innovative Projects
S23 ABA - Managing Dispute Resolution Through Pass-Through Agreements: Panacea or Pitfalls?
S24 What a General Contractor Should do when Hit with a Massive Claim Alleging Defective Construction
R02 Cocktail Reception at Jardin Sponsored by: Peckar & Abramson
Registration Open
KE4 Knowledge Exchange Breakfast Sponsored by: Secretariat
S25 Advancing Women In Construction Law and Consulting: Experts Say "It's All About Culture", but What Exactly Does that Mean?
S26 Experts in International Arbitration: We're Not in Kansas Anymore
S27 AAA - Project Data and E-Discovery in the Arbitration Process: How to Pro-Actively Collect and Manage the Presentation of Evidence
S28 The Many Ways to Skin a Cat: In-House Counsel's Preferences to Dispute Resolution
S29 Managing Subcontractors on Federal Contract Delay Claims
KE5 Knowledge Exchange Networking & Break Service Sponsored by: Secretariat
S30 A Review of the Updated AIA A201 General Conditions and its Critical Dispute Resolution Provisions
S31 New Technologies in Construction and its Forensic Application
S32 Construction Corruption and Compliance: What the Regulators are Looking At and What You Can Do to Avoid Liability
S33 Constructing a Solid Foundation: Ethical Implications of Mitigating Global Corruption Risks
K03 Luncheon & Plenary: Construction Outlook 2019 - Trade Wars & Price Shocks and Worker Shortages Presented by: AGC of America, Sponsored by: Dorsey S34 Be in the Know: The New Era of Contractor-Owner Claim Disputes
S35 ABA - Mind the Coverage Gap: Insurance Specifications and Policy Terms That Can Trip You Up
S36 ABA - Getting Your Bells and Whistles Admitted: Making the Most of Demonstrative Evidence in a Construction Trial
S37 The Deadly Sins of Contracting
TUESDAY, DECEMBER 11
WEDNESDAY, DECEMBER 12
8 www.constructionsuperconference.com




NETWORKING EVENTS
MONDAY, DECEMBER 10 5:15 pm - 6:45 pm
Welcome Reception in the Knowledge Exchange
SPONSORED BY:
Come network with friends and colleagues and meet all of the CSC sponsors in the Knowledge Exchange. Refreshments and appetizers will
be served.
2018
TUESDAY, DECEMBER 11 5:30 pm – 7:00 pm
Cocktail Reception at Jardin
SPONSORED BY:
Construction SuperConference invites exhibitors and attendees to an exclusive networking and entertaining experience on Tuesday evening at Jardin in the Encore hotel. Mingle with industry leaders and peers at this festive celebration. No agenda, no presentations—just a casual evening of conversations, cocktails and hors d’oeuvres.
PRESENTING SPONSORS
www.pecklaw.com
www.cozen.com


THANK YOU TO ALL OUR SPONSORS
KNOWLEDGE EXCHANGE SPONSORS
• FTI Consulting
• Rimkus Consulting Group • Delta Consulting Group
• IST Management Services • GlassRatner
• Legal Realtime Reporting
• Capital Project Management • Berkeley Research Group
• BDO USA, LLP
• PlanGrid, Inc.


KEYNOTE SESSIONS
2018
TUESDAY, DECEMBER 11 8:15 am - 9:30 am
K01 Welcome and Opening Keynote: Rich Karlgaard
Encore Ballroom 5
Rich Karlgaard,
Columnist and Publisher, Forbes; Author, The Soft Edge; Team Genius: The New Science of High-Performing Organizations
Entrepreneur-turned-publisher, columnist, author, television commentator, private investor and board director, Rich Karlgaard has a unique vantage point on the trends driving the business and investment climates. Karlgaard is the
publisher of Forbes magazine, where he writes a biweekly column, a regular panelist on, Forbes on FOX, and was a frequent guest analyst on CNBC’s The Kudlow Report. Rich is the author of The Soft Edge: Where Great Companies Find Lasting Success (April 2014), and co-author of Team Genius: The New Science of High- Performing Organizations (July 2015).
PRESENTED BY
LUNCHEONS AND PLENARIES
12:45 pm - 2:15 pm
K02 Luncheon and Plenary: The Future of Project Delivery Encore Ballroom 5
The Age of Contracting as a simple Lump Sum, Design-Bid-Build sequence began eroding decades ago, and the evolution to new delivery methods has accelerated signi cantly in recent years – CM, Pure CM, D/B, DBF, DBFOM, P3, IPD – the acronyms go on. This begs the question – What will the future hold for project delivery?
A panel of leading representatives from building and civil contracting, as well
as leading public bodies and private developers, provide their thoughts on the answer to that question.
Robert
Barbera,
Turner Engineering Skanska
Geoffrey W. Neumayr,
San Francisco International Airport Planning, Design & Construction Division
MODERATOR:
Steven M. Charney, Peckar & Abramson, PC
PRESENTED BY:
Michael Cherry,
Group
SPONSORED BY:
USA Civil West
12 www.constructionsuperconference.com


WEDNEDSAY, DECEMBER 12 11:45 am - 1:30 pm
K03 Luncheon & Plenary: Construction Outlook 2019 - Trade Wars & Price Shocks and Worker Shortages
Encore Ballroom 5
Kenneth Simonson,
AGC of America
With seemingly solid backlogs, the construction economy forecast looks strong. But three clouds could rain on
the sunny outlook: escalating trade tensions, rapidly rising materials costs and ever-tightening labor supply. Will contractors be left under water or can they ride out the storm? Learn which sectors and regions are most vulnerable and which appear poised for further growth.
PRESENTED BY: SPONSORED BY:


2018
MONDAY, DECEMBER 10 8:00 am - 5:00 pm
PC1 Unit 3: BIM Project Execution Planning (3rd edition)
*Please note this requires a separate
registration of $500 onsite.
Chopin 4
Benjamin Crosby, The Yates Compnay Mike Lapicola, Faefre Baker Daniels
BIM Project Execution Planning is a full-day, facilitator- led course designed as a mix of lecture, facilitated discussion and activities. Use cases provide examples to help you understand session concepts. Course books will be given to all students.
The course is divided into four sessions:
Session 1 introduces participants to teaming dynamics that are most desired, if not required, for a successful project. During this session, you will learn what qualities are necessary for a successful project team, the importance of establishing an environment of shared vision and accountability for each team member, to each other. We will also look at the impact of different size groups and how to adapt without compromising the project goals.
Session 2 examines some of the more basic BIM- related legal concepts. We will focus on providing a fairly high-level perspective on a range of legal topics that attendees should know. These are general concepts that are evolving, along with BIM. We’ll look at risk, intellectual property and standard of care. All of these are good examples of real world concerns for everyone on the project. We will also examine the different delivery methods for construction projects, with time to discuss trends and bene ts of particular models.
PRE-CONFERENCE
SESSIONS
Session 3 is all about gaining a strong understanding of the BIM Project Execution Plan (BIM PXP). We will look at the basic questions of what it is and why it is necessary, as well as how you can use the plan for any size project(s). We will spend quite a bit of time gaining a strong understanding of why this is such an important ingredient for a successful project. We will also look at some of the plans that are currently in use today.
Session 4 is your time to participate in a BIM project team activity. You will be part of a team, with a de ned role, and you will apply what you have learned in the course. The day will end with this activity with the goal that it will reinforce the information that was shared with you during the previous three sessions.
Course Learning Objectives
• Following this course, participants will be able to: • Identify the key attributes of a successful team.
• Explain contract liability and model usage.
• Identify BIM delivery methods.
• Understand the meaning and usage of Level of Development (LOD).
• Explain the key components of a BIM Project Execution Plan.
• Understand and explain the bene ts of a synchronized project work ow
About AGC’s BIM Education Program (www.agc.org/ bim): The highly interactive program provides 32-hours of instruction and training to get construction industry professionals at all levels ready to take advantage of the bene ts of BIM. There are four classes that comprise the BIM EP. Once all four courses are completed, attendees may take an exam to earn their Certi cate of Management- Building Information Modeling (CM-BIM).
PRESENTED BY: SPONSORED BY:
14 www.constructionsuperconference.com


1:00 pm - 2:30 pm
PC2 How Women Rise: Helping Women Break the Habits that Hold Them Back
Encore Ballroom 8
Sally Helgesen,
Author, Speaker and Leadership Consultant
In this program, Sally will draw from her recent bestseller, How Women Rise, which she co-authored with No. 1 ranked executive coach Marshall Goldsmith. The book identi es the 12 habits or behaviors most likely to get in the way of successful women as they seek to rise in their organizations, rms or sectors.
Each of these behaviors is rooted in a speci c strength, and many of them serve women well in the early stages of their careers. Yet the same behaviors that women come to rely on and believe are required for success may
undermine them as they move to higher levels.
Knowing how to spot these habits can be helpful to women at every stage, either in their own careers or as mentors for other women. But this information also has great value for men. Men seeking to become more savvy and effective peers, colleagues, leaders, teammates, mentors, coaches and supporters of talented women will bene t from what they learn.
Both female and male participants will come away from this program with powerful and actionable ways to serve as a resource for spurring greater female engagement and unleashing the full potential of aspiring women leaders.
INTRODUCTION BY
Michael G. Sera no, Esq., Lendlease. SPONSORED BY :
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WHO UNDERSTANDS CONSTRUCTION.
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is composed of highly-qualified, diverse, and experienced construction attorneys and industry professionals. Our Construction Mega Project Panel
of top construction arbitrators–rated by counsel for mega projects–based on their credentials and experience provides for disputes arising out of significant construction and infrastructure projects. When resolving your dispute requires construction industry expertise, trust the American Arbitration Association® and the International Centre for Dispute Resolution®.
adr.org | +1.800.778.7879
EXPERTISE Matters.
©2018 American Arbitration Association, Inc. All rights reserved.


2018
MONDAY, DECEMBER 10 2:30 pm - 3:45 pm
S01 Game Change! Why Prefabrication
and Modular Construction Doesn’t Fit Your
Traditional Legal Approaches and How to
Tailor These Advancements!
Encore Ballroom 6
Ronald Ciotti, Hinckley Allen
Scott Gurney, Frost Brown Todd LLC
Ron W. Peppe, II, Canam Steel Corporation
Prefabricated and modular construction are growing rapidly in use and offer serious advances. They also create serious potential legal gaps. You will need to revise your traditional construction contracts and structure your agreements differently to address these issues. How your contract is interpreted, and potential claims handled, may totally change in the context of off-site prefabricated construction including: application of the prime contact to the modular builder; labor rules for factory labor vs
a construction site; union/licensed trade concerns; termination for default and defective work; insolvency; risk of loss; noti cation of claims; and inspection rights. You will learn about troubling contract clauses currently in use relating to prefabrication and modular construction, and recommendations to protect you and your clients. This panel will explain the rami cations of whether the modular builder is a manufacturer or a subcontractor, and the merits of expressly creating a bailment.
Upon completion of this session, participants will be able to:
• Understand how prefabrication and modular construction
can completely change the laws traditionally applied to
the construction of a project.
• Understand how to spot problematic clauses that mis t
prefabicated construction and potential negotiation
solutions that make more sense.
• Understand how the terms of traditional construction
contracts should be altered for prefabrication and modular construction.
SESSION DETAILS *Session Details subject to change. As of 11/10.
S02 Risk Mitigation Through Proper Deal
Structuring: A Proactive View of Owner/
Contractor Relations
Encore Ballroom 4
Ted Fire, The Kraft Group
Lisa Glahn, Foley & Lardner LLP
Lisa Mingoia, Skanska USA Building Inc.
Risk mitigation on construction projects should never be an afterthought. Properly planned and proactively addressed risk can be diminished to a point where going in the parties not only understand their roles and the overall project objectives, but also feel comfortable enough that they
bear appropriate risk and are protected by agreed upon protocols for dealing with problems before they hinder progress.
This session will bring together construction experts from both sides of the aisle to address the legal and practical approaches to deal structuring, construction contracting, crisis management, communication procedures and insurance, and bonding coverages. The 2017 changes to the AIA A201 General Conditions will also be addressed so that conference participants can better understand the upcoming impacts that changes to insurance, technology and proof of nancing will have on risk sharing.
Upon completion of this session, participants will be able to:
• Understand the pre-construction, construction and
post-construction checklists of best practices for risk
mitigation with practical examples.
• Understand the ve most heavily negotiated contract
provisions and how to manage risk through proper
drafting.
• Understand what the new changes to the General
Conditions will mean for projects going forward by hearing from both owner and contractor experts.
16 www.constructionsuperconference.com




2018
S03 ABA - SCOTUS Swings the Pendulum Back in Favor of Arbitration: Ensure That Your Next Arbitration Clause Is Effective and Enforceable
Encore Ballroom 7
MODERATOR: Jeanne Schubert Barnum,
SESSION DETAILS *Session Details subject to change. As of 11/10.
4:00 pm - 5:15 pm
S04 Dispute Resolution: P3
Encore Ballroom 8
MODERATOR: Steven J. Comen, Goodwin Procter LLC Seth Firmender, The Lane Construction Group
Schnader Harrison Segal & Lewis
Richard P. Flake, Arbitrator and Professor Karen P. Layng, M.A.I.T. Co.
Marc A. Young, Cokinos Young
Recent decisions, statutes and regulations have prohibited the use of mandatory arbitration provisions in contracts beyond those for consumers and employees. However, SCOTUS’ recent decision in Kindred Nursing Centers v. Clark, holds that any rule singling out arbitration clauses for special treatment is hostile to the Federal Arbitration Act and invalid. Join the discussion on what guidelines should be followed to draft an enforceable arbitration clause and to guarantee an effective arbitration.
Upon completion of this session, participants will be able to:
• Demonstrate how the U.S. Supreme Court’s decision in
Kindred Nursing Centers v. Clark provides guidance for
drafting enforceable arbitration clauses.
• Provide a check list for recommended content of
arbitration provisions.
• Reinforce essential provisions to be included for an
effective arbitration.
PRESENTED BY:
Eric Green, Resolutions, LLC
David Hatem, Donovan Hatam LLP
Carlos M. Hernandez, Fluor Corporation Brendan O’Rourke, Tetra Tech
Robert Rogers, Lexington Insurance Company
P3s involve a host of project participants and relationships, some in traditional roles, others in non-traditional roles, some “related” to each other, and some in contractual privity with some but not all such participants. The interests of those participants may signi cantly vary in focus, and
in temporal perspectives and objectives. Awareness of the role of counsel for the professional liability insurer is particularly important, as the strategist from the outset
of the underwriting through the earliest appearance of a potential design aw to the various dispute avoidance and management challenges.
The contractual and legal standards that de ne the roles, responsibilities and risks (“3Rs”) of the project participants and, in particular how certain risks are allocated, will have a critical impact on how disputes are resolved among them.
On top of all that complexity, liability insurers and insurance play a critically important role in the underwriting and transfer of certain risks of the project participants. How that insurance aligns – or not – with how risks are allocated and with the types of disputes adds yet another layer of complexity and intrigue in the P3 dispute arena.
The panel in this session will address these 3Rs of project participants and the role of professional liability insurance in the context of a hypothetical dispute.
Upon completion of this session, participants will be able to:
• Understand less than ideal subsurface conditions
contractual risk allocation.
• Understand the overlaps and gaps in insurance
coverages; e.g. builder’s risk, recti cation coverage,
professional liability insurance, surety, etc.
• Understand the non-aligned dispute resolution
mechanisms among project participants and with involved insurers.
18 www.constructionsuperconference.com




2018
CONFERENCE SCHEDULE
S05 Construction Labor Relations Issues
for the Construction Litigator & Non-Labor
Attorney
Encore Ballroom 6
MODERATOR: Lawrence Prosen, Kilpatrick Townsend & Stockton LLP
mediation, arbitration, and litigation, Dispute Boards
offer the project team members a safe forum to evaluate options for modifying future activities. In this session, panel members share their experience with dispute board practices that successfully enabled project teams to address unplanned changes in project conditions, as well as discussing practices that were not so effective.
John Alden, Kilpatrick Townsend & Stockton LLP
Rod Eisenhauer, Performance Contracting Group, Inc. David Tapparo, CBG Building Company
Many construction litigators and clients have had to deal with labor-relations and other issues on a project or case, yet many have little understanding of the issues associated therewith. This panel discussion will identify and discuss some of the more courrent issues that a project or client can experience in layperson’s terms from both the union and non-union or merit shop perspectives. Participants will be polled to focus and direct the discussion as well as be offered the chance to ask questions of the panel.
Upon completion of this session, participants will be able to:
• Understand some of the major issues associated
with collective bargaining, picketing and letter writing
campaigns.
• Address labor-related issues if and when they arise.
• Address fundamental labor related issues for their
construction clientele directly in lieu of outsourcing that work to a labor attorney.
S06 Talking Your Way to Project Success: Active Involvement of Dispute Boards to Manage Risk and Minimize Costs and Con icts
Encore Ballroom 4
MODERATOR: Lida Rodriguez-Taseff,
DLA Piper LLC (US)
William Franczek, Vandeventer Black LLP Deborah Mastin, Law Of ce of Deborah Mastin
Clear communications are key to successful project completion. Learn how Dispute Boards can enhance and support your project team by facilitating discussions among project participants to reduce con ict and to minimize adverse impacts on complex projects. Unlike
Upon completion of this session, participants will be able to:
• Understand regular professional communications
between the project team members in a con dential setting, during the progress of the work encourages early and real-time resolution of disputes arising from unforeseen events.
• Share examples from presenters’ personal experiences of effective and ineffective dispute board procedures.
• Understand best practices for crafting Dispute Board
structures and operations; how to write effective dispute board speci cations and operating procedures, including periodic meetings and formal hearing proceedings.
S07 AAA - How Arbitrators Evaluate the Testimony of Schedule and Damage Experts
Encore Ballroom 7
MODERATOR: Michael Powell, American Arbitration Association
Albert Bates, Jr., Pepper Hamilton LLP
John Bulman, Esq., Pierce Atwood LLP
Dr. Patricia D. Galloway, Galloway Arbitration, Inc. Matthew R. Krafft, FTI Consulting
This session provides counsel with practical insights
from seasoned arbitrators and experts on the ways arbitrators consider and evaluate expert testimony.
Issues to be explored include: the in uence of expert testimony on arbitrator decision-making; how arbitrators resolve competing schedule analyses or methodologies; the ways in which experts in uence the evaluation of complex damages issues, such as loss of productivity or constructive acceleration; and presenting expert testimony in a way that is helpful to the decision-maker.
Upon completion of this session,
participants will be able to:
• Understand how expert testimony in uences the
evaluation of delay and disruption related costs.
20 www.constructionsuperconference.com


• Understand how experts can better assist the arbitrator in understanding complex, technical information that leads to a demonstrable conclusion.
• Understand how arbitrators evaluate and resolve competing expert testimony.
PRESENTED BY:
5:15 pm – 6:45 pm
Welcome Reception in the Knowledge Exchange
Encore Ballroom 1-3
SPONSORED BY:
A traditional event at the Construction SuperConference, the welcome reception is sure to be an entertaining evening with delicious food and drinks, exciting networking opportunities, and lively discussions.
TUESDAY, DECEMBER 11 7:45 am – 8:15 am
Knowledge Exchage Expo Hall – Pre-Keynote Breakfast
Encore Ballroom 1-3
SPONSORED BY:
Prior to our Welcome and Opening Keynote, we will host a breakfast in the Knowledge Exchange. Be sure to stop by during the designated hours to see everything the Knowledge Exchange has to offer!
8:15 am - 9:30 am
K01 Welcome and Opening Keynote: Rich Karlgaard
Encore Ballroom 5
PRESENTED BY
9:45 am - 11:00 am
S08 The Use of Emerging Technology in
Building Innovative Construction Dispute
Resolution Strategies
Encore Ballroom 8
MODERATOR: Alvin F. Lindsay, Hogan Lovells US LLP Mark R. Cheskin, Hogan Lovells US LLP
Edwin de los Santos, AES Dominicana Group and AES Dominicana Foundation
Daniel E. Gonzalez, Hogan Lovells US LLP Carlos M. Hernandez, Fluor Corporation Michele Laine, Mas Tec
Profound changes are already taking place in many aspects of the construction industry, which traditionally has been slow to adopt new technologies. Construction projects are increasingly incorporating systems of digital sensors, intelligent machines, mobile devices, drones, and new software applications that are integrated with a central platform of Building Information Modeling (BIM).
Wherever new technologies have permeated this industry, the result is an almost 20% reduction in total life-cycle costs of a project, as well as substantial improvements
in completion time, quality, and safety. These new technologies also have increasing use in the resolution of construction disputes.
This session will address the following: the innovative
use of this emerging technology as part of an integrated strategy to successfully resolve construction disputes;
how new technology, in particular the use of 3D printing, drone footage, and enhanced video modules, may be used during a construction litigation or arbitration; the need for attorneys to appreciate the bene ts and challenges
www.constructionsuperconference.com
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CONFERENCE SCHEDULE
2018
that come along with these new technologies; and, nally, how the precise and detailed data gathered through the emerging technology will likely give an upper hand to those attorneys who utilize the new technology, and how it will assist judges, juries, and arbitrators in developing a better understanding of the issues before them.
Upon completion of this session, participants will be able to:
• Understand new technologies in the construction
industry such as apps and mobile devices, Building Information Modeling (BIM) platforms, laser scanning, drones, and 3-D printers.
• Identify the opportunities to incorporate the new technologies in the resolution of construction disputes, and the evidentiary issues associated with the technologies’ use.
• Understand the persuasive advantages of implementing these new technologies in successfully resolving construction disputes.
S09 Hot Topics for 2019 Construction Contracts: Design Scope, Schedule, Insurance, Indemnity, Dispute Resolution, and Beyond
Encore Ballroom 7
MODERATOR: Brian Rice, RailWorks Corporation Henry Bangert, Beltzer Bangert & Gunnell LLP Robert D’Onofrio, Capital Project Management, Inc. Jonathan Hausner, Robinson & Cole LLP
Michael Pepe, Saxe Doernberger & Vita, P.C.
This session provides insight from a panel with construction professionals across the industry discussing a variety of risks construction stakeholders are facing in the industry and providing concrete suggestions for addressing those risk through the contract process.
Upon completion of this session, participants will be able to:
• Develop a better understanding of how outside
counsel approaches risk identi cation, mitigation and management for clients in complex construction project and some of the pros and cons of using “standard” construction contract versus custom forms.
• Understand the trends in modern litigation and insurance that are impacting successful risk transfer via contractual indemnity and additional insured coverage, how to identify problematic areas earlier in the contracting and
insurance compliance process, and how to design solutions that will most accurately re ect the parties’ expectations.
• Contract approaches for limiting schedule disputes, expedited dispute resolution, and manage design scope creep and managing design risk.
S10 The Rapidly Shifting Sands of Project
Risk Allocation - Are We Losing our Footing
as Project Delivery Methods Evolve?
Encore Ballroom 4
MODERATOR: Ronald Helmuth, Peckar & Abramson Nate Cohen, Peckar & Abramson
Stephanie Solomos, Ferrovial Agroman US Corp
The construction industry is in the midst of a rapidly changing environment for the allocation of risk, while at the same time delivery methods are evolving. Risk allocation in one context may make little sense in another, but it is increasingly clear that contract terms from one method are creeping into others that may not be right t.
Are we headed for a prudent and new alignment of risk, or heading towards a collapse under the weight of unsustainable and unmanageable risk shifting?
This panel will discuss the resulting realities to Contractors and Owners as they consider contract terms and price projects, including current trends across the U.S. and how both sides may be ultimately managing or mismanaging risk across the spectrum.
Upon completion of this session, participants will be able to:
• Develop an understanding of Owner-Builder risk
allocation in the current environment.
• Understand how new and changing risk allocation
among parties impact project delivery methods.
• Understand the ways in which competition, contract
terms and pricing come into play in today’s environment.
22 www.constructionsuperconference.com


S11 Where There is Smoke There is Fire:
How to Prevent Your Mega-Construction
Project From Flaming Out
Encore Ballroom 6
MODERATOR: Doreen Zankowski, Duane Morris LLP Joshua Balance, Clark Construction Group, LLC Roger Johnson, Jacobs Engineering Group Inc. Peter Tunnicliffe, CDM Constructors, Inc.
This program will delve deep into several, project-speci c mega-projects, including airport, vertical construction, and heavy/highway projects that were on the path of smoldering problems and then with careful negotiations, and teamwork, avoided the disaster and potential to turn to ashes. The panel will discuss speci c lessons learned on domestic and international projects that they are intimately familiar with.
Upon completion of this session, participants will be able to:
• Understand the critical risk sharing negotiations that took
place when the project/contract was entered into, how the parties share in the risks and rewards, and how did these early negotiations impact the project outcomes.
• Understand 5-8 key contract and risk sharing issues
that the panel believes altered the path of their projects. The audience will be given every opportunity to ask the panel questions, both from and owners and constructors perspective, what where the most critical issues.
• Take-away negotiating and implementing ideas to your next mega-project, lessons learned from design/build, P3 and build/own/operate projects. This objective will bestow upon the audience some actual project details with the potential of readying the industry of what is hopefully a new massive infrastructure undertaking in the U.S.
11:00 am – 11:30 am
Knowledge Exchage Expo Hall – Networking & Refreshment Break
Encore Ballroom 1-3
SPONSORED BY:
11:30 am - 12:45 pm
S12 Crisis Management: Protecting the Company from Bet the Company Problem
Encore Ballroom 8
MODERATOR: Stephen Shapiro, Holland & Knight LLP Michael Di Paolo, Skanska USA Civil, Inc.
George Papaionaou, Mitsubishi Hitachi Power Systems America, Inc.
Joseph Portela, Dragados USA, Inc.
David Schwab, Zachry Group
Jennifer Shafer, Black & Veatch Companies Ben Subin, Holland & Knight LLP
This panel of in-house legal counsel will discuss the big problems that threaten the continuing existence of even the largest contractors. In today’s environment where billion dollar projects are increasingly common and owners are asking contractors to take on greater risks, what can lawyers do to identify and mitigate “bet the company” risks, address issues that place company survival in jeopardy, plan for the unexpected, oversee mega-disputes, and implement crisis management protocols? Starting with contract negotiations, the panel will identify speci c risk allocation provisions that are crucial to the contractor’s long term future. The panel will also discuss how to address big problems when they arise, including complicated decisions such as stopping work to limit out-of-pocket losses, terminating key subcontractors or suppliers or initiating disputes during construction. Managing large disputes
in challenging circumstances will also be addressed.
The practical issues of preparing for the unexpected, developing best practices and crisis management will also be explored.
Upon completion of this session, participants will be able to:
• Identify risks that should be addressed in contract
negotiations to avoid big problems that can jeopardize a
contractor’s ability to continue as a going concern.
• Understand real world examples of “bet the company”
issues and developing tools that attorneys can use to
manage and contain potential losses.
• Understand best practices for dispute and crisis
management when company threatening issues arise.
www.constructionsuperconference.com
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2018
CONFERENCE SCHEDULE
S13 Advocacy in Construction Litigation: Cross Examination
Encore Ballroom 6
MODERATOR: Ray DeLuca, Cozen O’Connor Adrian Bastianelli, Peckar & Abramson
Bruce Ficken, Cozen O’Connor
James Wulfsberg, Burke Williams & Sorenson, LLP
This is the fourth and nal program of Advocacy in Construction Litigation. The panel, representing, perhaps, one hundred years of active trial experience, will discuss the biggest challenge facing every trial attorney: How do
I get my adversary’s witness to admit the contentions of my client? The panel will examine the nature of cross- examination, preparation and approaches to cross- examine and go through speci c and common cross- examination challenges and how to solve them. Through actual examples, the panel will demonstrate how to use the vehicle of cross-examination to advocate your position. This is an advanced techniques program that will be of interest to lawyers and clients at every level of experience.
Upon completion of this session, participants will be able to:
• Understand the nature and purpose of cross-examination
leads to more effective advocacy and how to advocate
the merits of your position through cross-examination.
• Deal with surprises, both good and not so good.
• Take special approaches and considerations in dealing
with experts.
S14 Effectively Preventing and Resolving
Disputes Using Partnering and Dispute
Boards
Encore Ballroom 4
MODERATOR: Elizabeth A. Tippin, Elizabeth A. Tippin Law + Dispute Resolution
Bob Burleson, Florida Transportation Builders Association Roger J. Peters, Construction Neutral
Partnering and Dispute Resolution Boards (DRBs) are recognized worldwide for their effectiveness in the
“real time” avoidance and resolution of disputes on
major construction projects. Embraced by government agencies, private owners, and multi-lateral banks, Partnering and DRBs ensure project success through signi cant decreases in costs and time overruns. Hear about examples of projects where potential disputes were
resolved during the construction of the project, instead of waiting till the project is completed. See how Partnering and DRBs facilitate building trust and communication between the owner, contractor, project manager and design professionals. This panel discussion will show how to develop a strategy of using Partnering and DRBs on projects of all sizes and project delivery methods, with
the ultimate goal of bringing the project in on time and on budget.
Upon completion of this session, participants will be able to:
• Understand how using Partnering and Dispute Boards
result in avoiding and resolving disputes during
construction.
• Find solutions to build trust between the various
stakeholders and be presented with examples of projects
utilizing these processes.
• Understand the basics of how Partnering and Dispute
Boards function and speci cation of clauses for contract preparation.
S15 Spotting Landmines: Taking Care of
Pre-Construction Errors Before Your Project
Blows Up
Encore Ballroom 7
MODERATOR: Alan Sides, David Pattillo & Associates Andy Howard, Alston & Bird
Tuba Malinowski, Stockbridge
Phil Roy, David Pattillo & Associates
John Wanalista, Caithness Energy
Errors and missteps in the early stages of a job can have long lasting impacts on progress and completion. Learn
to identify common problems, analyze root causes and implement proven solutions to ensure project success and ultimately avoid costly project implosions.
Upon completion of this session, participants will be able to:
• Identify six common pre-construction errors in the
early phases of a project with the potential to disrupt
construction execution.
• Conduct root cause analyses of these common
problems, where they originate, how they propagate, and
the effects they have on all parties.
• Develop smart solutions during the pre-construction
phase , based on real-world experience and past success.
24 www.constructionsuperconference.com


12:45 pm - 2:15 pm
K02 Luncheon and Plenary:
The Future of Project Delivery
Encore Ballroom 5
• Understand the intricacies of the Latin America market and the opportunities and challenges of doing business in that region.
• Understand what potential clients seek in order to select U.S. based representation for projects in Latin America.
S17 ABA/CLC - Litigating the Ongoing Project: Risks and Strategies
Encore Ballroom 6
MODERATOR: Scott Fitzsimmons, Watt, Tieder, Hoffar & Fitzgerald, LLP
Toshi Dezaki, Ankura Consulting Group LLC Matthew Gerrish, Keller Foundations, LLC Michael Hourihan, Structure Tone Organization Mark Keating, Kiewit Corporation
Litigating or resolving disputes on an ongoing project comes with its own unique challenges. Managing relationships, delays resulting from litigation, and discovery that is being created in real time are realities that may in uence strategies on a project in litigation. In this session, attendees will learn the risks and challenges of litigating an existing project and will be introduced to best practices on how to complete a project while in litigation.
Upon completion of this session, participants will be able to:
• Obtain an understanding of how to manage the
operational and legal aspects of a project in litigation.
• Understand practical recommendations for managing
litigation or dispute resolution on an existing project. These will include best practices for discovery and witnesses, communications during the project between parties in a dispute or litigation, and handling claims between multiple parties.
• Understand practical guidance on how to address discovery when litigating an existing project. It will also identify how parties can balance responding to the litigation process while timely completing a project.
PRESENTED BY:
PRESENTED BY:
SPONSORED BY:
2:30 pm - 3:45 pm
S16 Construction in Latin America: The Do’s and Don’ts for U.S. Firms
Encore Ballroom 8
MODERATOR: Todd Metz, Varela, Lee, Metz & Guarino Israel Almodovar, Ankura
Chad Chron, MasTec
Salvador Fonseca, Holland & Knight
In recent years, Latin America has become a hot-spot
for the construction industry. With this boom, the construction law market in that region has become
more sophisticated from both the legal and technical standpoints. With that in mind, this session will explore recent trends in the construction industry in Latin America, from the perspective of U.S. rms seeking to generate new business in that region. This diverse panel includes clients, attorneys, and technical experts with extensive experience in Latin American countries, who will explore issues such as the intricacies of the market, and the current construction arbitration environment in that region. Based on their experiences, the panelists will also discuss the needs and wants of potential clients at the time of obtaining U.S. legal representation for their projects
in Latin America and throughout the lifecycle of that representation, as well as the opportunities and challenges of doing business in this region.
Upon completion of this session,
participants will be able to:
• Understand current trends in the construction industry in
Latin America, as well as trends in dispute resolution in this region.
www.constructionsuperconference.com
25


2018
CONFERENCE SCHEDULE
S18 Liquidated Damages: The Evolving Landscape
Encore Ballroom 4
MODERATOR: Joshua Strub, PNR Railworks Inc Patrick Gaas, Kilpatrick Townsend & Stockton LLP John Margie, Glaholt LLP
S19 Collaboration as a Risk Management Tool: Build a Bridge, not a Wall
Encore Ballroom 7
MODERATOR: Brian Perlberg, ConsensusDocs and AGC
Ricardo Aparicio, General Electric Global
The common law world is currently in the midst of
an evolution in the treatment of liquidated damages. After 100 years, the United Kingdom Supreme Court has reformulated the test for determining when liquidated damages provisions will be determined to be unenforceable. Similarly, the Australian courts in 2012 reformulated their approach, which formulation the UK Supreme Court rejected. Both the UK approach and the Australian approach differ from the current regimes in the United States and Canada.
This session will discuss the current treatment of liquidated damages in the United States and Canada and outline strategies for drafting robust liquidated damages provisions and disputes relating to the enforceability of liquidated damages provisions. The panel will also discuss the new approach taken by the UK and Australian courts, their application, and the possible impacts of the UK and Australian reformulations on the treatment of liquidated damages provisions in American and Canadian law.
Upon completion of this session, participants will be able to:
• Outline, with reference to case law, the current test in
use in the United States and Canada for determining when liquidated damages are a penalty and therefore unenforceable and what practitioners in the United States and Canada can expect.
• Outline, through a case study of the leading UK and Australian decisions, the reformulation of the tests for determining when liquidated damages clause will be interpreted as penalty clause and therefore unenforceable in the United Kingdom and Australia and how those new tests may impact the current treatment of liquidated damages in the United States and Canada.
• Discuss strategies for drafting liquidated damages clause so that they are enforceable in all such jurisdictions and to provide strategies for litigating the enforceability or unenforceability of liquidated damages clauses with the use of examples.
Mike Staun, Procter and Gamble
Owners, builders, and design professionals are utilizing collaboration and better communication pathways as
a more ef cient and holistic risk management strategy. Speci c tactics include increased use of design-assist and selecting teams employing lean techniques and tools. Learn why these owners with large and sophisticated construction programs decide to take a new journey. Learn how there are new contractual strategies and new ConsensusDocs standard documents that provide best practice standard options for implement design-assist and lean without necessarily going to a pure IPD model initially.
Upon completion of this session,
participants will be able to:
• Understand how design-assist can assist, and not
diminish, effective design.
• Gain an overview of just released design-assist
and “IPD-lite” or “IPDish” standard ConsensusDocs
contracts.
• Understand why speci c techniques, such as co-location
and constructability analysis, are most often employed and their demonstrated effectiveness on project outcomes.
3:45 pm – 4:15 pm
Knowledge Exchage Expo Hall – Networking & Refreshment Break
Encore Ballroom 1-3
SPONSORED BY:
26 www.constructionsuperconference.com


4:15 pm - 5:30 pm
S20 Chasing the Infrastructure Initiative
Encore Ballroom 5
Bryan DiLucente, LitCon Group LLC Chip Hicks, Orano USA LLC
Ericson Kimbel, Frost Brown Todd LLC James Ray, Secretary for Insfrastructure Bob Regola, Regola Consulting
Lauren Wylie, CB&I Project Services Group
The hype surrounding the administration’s infrastructure program has been ongoing since the presidential campaigns. In preparation for the estimated $1.5 trillion in infrastructure investments, many rms have invested in expansion and are prepared to engage in this historic construction program. But, where are the projects?
The infrastructure program released in February lacks detail to say the least. Its emphasis on triggering state and private dollars is a key component to rebuilding American infrastructure, yet without the details on how to proceed under the initiative, many are left contemplating how they can contribute.
This session will explore, and, to the greatest extent possible, provide information on how rms should develop, bid and execute infrastructure proposals and projects under the initiative, while also examining the regulatory changes and impacts under the initiative.
Upon completion of this session, participants will be able to:
• Understand how the regulatory process has changed
to streamline the bidding and awarding of federal infrastructure, and how to take advantage of these changes under the “One Federal Decision” goal of the program.
• Understand possible models for federal and private funding under the infrastructure initiative, including private bonding.
• Understand state and local alignment objectives and return of decision-making authority to those governments for infrastructure projects.
S21 Coming to America: International
Arbitration Procedures in Domestic US
Arbitrations - A Better Mouse Trap or the
Emperor’s New Clothes? A Lively Debate
Encore Ballroom 8
MODERATOR: Neal Sweeney, Jones Walker LLP Steve Huyghe, CORE International Consulting, LLC Roger J. Peters, Construction Neutral
Chad Theriot, Jones Walker LLP
Although the AAA and JAMS rules that govern the
majority of construction arbitrations in the US have not materially changed over the years, in the last decade or
so the parties and/or the arbitrators appointed under those rules are increasingly adopting procedures from international arbitration. The most prominent are pre- led direct testimony with limited direct testimony and hot- tubbing of experts as well as more limited and streamlined discovery. This session will provide a lively examination of the international procedures that appear to be migrating into the US construction arbitration practice as well as the traditional and ingrained US procedures they replace. This will be a provocative discussion that candidly examines the potential advantages and possible pitfalls of the arguably competing approaches and what approach or blending of procedures best suit the parties and the dispute resolution in the US or on a particular project..
Upon completion of this session, participants will be able to:
• Understand the established procedures in international
arbitration procedures that making their way into US
domestic arbitrations.
• Hear from practitioners and principals about challenges
to the US model, such us extended discovery and long
and costly hearing.
• Understand the key international procedures that have
been imported, how they work and the advantages and disadvantages of those procedures generally and in particular circumstances.
www.constructionsuperconference.com
27


2018
CONFERENCE SCHEDULE
S22 Building Resilience: Legal Issues Relating to Resilient Design and Construction with a Focus on Innovative Projects
Encore Ballroom 6
Carolyn Benton Aiman, Shell Oil Company
S23 ABA - Managing Dispute Resolution
Through Pass-Through Agreements:
Panacea or Pitfalls?
Encore Ballroom 4
MODERATOR: Ray DeLuca, Cozen O’Connor Joshua Leavitt, Much Shelist Construction Law
Larry Dany III, Eversheds Sutherland Jennifer Fletcher, Eversheds Sutherland Janet Oh, B.C.L./LL.B, Power
Extreme weather events, cyber-attacks, political instability and inevitable obsolescence are but a few of the disrupting factors that increasingly impact infrastructure, legacy projects, and development and construction generally across the globe. “’Resilience’ - the capacity to withstand and recover from disruption” is becoming a critical focus
of the governmental, industrial, energy, construction
and manufacturing sectors. Design and construction considerations also contribute to the longevity of structures that add historic value to signature projects. This panel
will address the increasing importance of resilience and longevity in design and construction, what it means and how it works in practice, and the emerging legal issues and liability concerns facing owners, engineers, architects and builders.
Upon completion of this session, participants will be able to:
• Understand the ideas, strategies and objectives
underlying the drive toward “resilience” in design and
construction, with a focus on innovative projects.
• Understand the current legal issues facing owners,
architects, engineers and builders in connection with
resilient and long-lived design and construction.
• Identify future legal risks and opportunities emerging as resilient design and construction becomes increasingly
prevalent in the market.
Ken Levin, WSP USA
Randolph Ruff, Ogletree,Deakins,Nash, Smoak & Stewart, P.C.
The right of a contractor to “pass-through” the claims of a subcontractor to an owner is recognized almost universally both in federal and state courts. In resolving construction claims, these procedures promote judicial economy and help to avoid inconsistent results. However, drafting and then operating pursuant to these pass-through agreements presents unique challenges and often a delicate balance between competing interests.
In this program, an experienced panel of in-house and outside counsel will discuss strategies and considerations in facilitating and managing the process of cooperation within litigation involving owner, contractor, and subcontractor claims.
Upon completion of this session, participants will be able to:
• Understand strategies for drafting and negotiating key
terms in pass-through agreements.
• Understand the challenges and risks faced by parties
attempting to cooperate in the presentation of pass- through claims in arbitration or litigation, and strategies for working through those dif culties and limiting risk.
• Understand when and where liquidation agreements are required in order to enable pass-through claims and generally what bene ts and risks are presented.
PRESENTED BY:
28 www.constructionsuperconference.com


S24 What a General Contractor Should do
when Hit with a Massive Claim Alleging
Defective Construction
Encore Ballroom 7
MODERATOR: Christopher Wright, Carney Badley Spellman
J. Patrick Brown, Barnard Construction Company Inc James Moye, Jr., Coastal Construction Group Robert Smith, PCL Construction
Miles Stanislaw, Law Of ces of R. Miles Stanislaw
The moderator will lead a discussion of in-house counsel and experienced trial counsel in the best practices
for responding to and addressing major defective workmanship claims that arise either before or after completion of large, complex construction projects. Topics covered include: (1) formulating a response to the Owner; (2) identifying and retaining appropriate experts; (3) navigating notice and opportunity to cure requirements; (4) the bene ts and risks of attempting to shift blame; and (5) the use of Builders Risk and CGL policies to resolve claims early.
Upon completion of this session,
participants will be able to:
• Understand the best practices for determining whether
the GC should respond and, if so, how to respond.
• Understand the best practices for dealing with notice and
opportunity to cure requirements including when to shift
blame to others.
• Understand the effective use of and complying with
Builders Risk and/or CGL insurance policies to obtain early and successful resolution.
WEDNESDAY, DECEMBER 12
7:30 am – 8:30 am
Knowledge Exchage Expo Hall – Networking & Breakfast
Encore Ballroom 1-3
SPONSORED BY:
8:30 am - 9:45 am
S25 Advancing Women In Construction Law
and Consulting: Experts Say “It’s All About
Culture”, but What Exactly Does that Mean?
Encore Ballroom 5
CO-MODERATOR: Kelly Heuer, Ankura CO-MODERATOR: Doris Short, Peckar & Abramson Amanda Amadon, Ankura
Sharon Mahn, Mahn Consulting, LLC
Dr. Romila Singh, Lubar School of Business, University of Wisconsin-Milwaukee
Businesses of all types have been searching for the Rosetta Stone that unlocks the secret to advancing women, but only one conclusion is clear – there is no Rosetta Stone. Instead, experts suggest that businesses focus on the culture of their organization, recognizing that each individual must work through a challenging array of variables when deciding what is best for their careers, and must do so with their employer.
5:30 pm – 7:00 pm
Cocktail Reception at Jardin
So, what exactly does “culture” mean? What should
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www.constructionsuperconference.com
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CONFERENCE SCHEDULE
2018
professionals whose careers have taken differing directions will offer their insights on the importance of “Culture”.
Upon completion of this session, attendees will be able to:
• Consider whether there is a “secret” to advancing
women in construction law and consulting, or if cultural
adjustments are the answer.
• Explore the role of individuals in de ning success in
their own terms and determining their own level of advancement, along with what organizations can do to facilitate the professional development of women.
• Evaluate how issues outside of a rm’s control contribute to the success of women and how to partner with clients and other organizations in order to realize change.
S26 Experts in International Arbitration: We’re Not in Kansas Anymore
Encore Ballroom 4
MODERATOR: Tarek Abdalla, Reed Smith Jose Astigarraga, Reed Smith
Dakus Gunn, Delta Consulting Group
International arbitration is used to adjudicate large construction projects all over the world under different legal backgrounds and cultures. The testimony of
experts is typically vital to a determination of the complex construction dispute. However, the development, treatment and presentation of expert evidence can be very different from the practice in U.S. courts and domestic arbitrations. The contrast can be even greater depending upon the legal background of the arbitrators presiding over the case. The process and practices of preparing and presenting expert evidence in international arbitration can be surprisingly different including to whom the
expert owes its duties, the requirement of “joint” reports, meetings with arbitrators, written testimony, tribunal- appointed experts and “hot-tubbing”.
This session will discuss the very real differences and best practices with respect to the use of experts and expert evidence in international disputes and provide suggestions regarding the selection and use of experts to enhance their impact on international arbitration cases.
Upon completion of this session,
participants will be able to:
• Understand how to select an expert for an international
arbitration matter.
• Understand how to present expert testimony in international arbitration.
• Understand the differences between the treatment of experts in international arbitration and domestic litigation/arbitration.
S27 AAA - Project Data and E-Discovery in the Arbitration Process: How to Pro-Actively Collect and Manage the Presentation of Evidence
Encore Ballroom 6
MODERATOR: Michael Marra, American Arbitration Association
Todd Bressler, Suffolk Construction
L. Tyrone “Ty” Holt, The Holt Group
Wendy Venoit, Hinckley Allen Christopher Whitney, Pierce Atwood LLP
Construction projects and disputes are both fact
intensive and document intensive. Effective information management can be critical not only to the success of the project, but also the success of the litigants in construction arbitration and dispute resolution. This panel will discuss strategies for effective information management during
the project and during the dispute resolution process, as well as how to effectively manage, produce and present electronic and documentary evidence in an ef cient and cost effective manner at the arbitration hearing.
Upon completion of this session, participants will be able to:
• Understand how to effectively manage and document
critical information at the project management level.
• Understand how to be proactive in the retrieval and
production of documents in a “smart” way.
• Understand how to present electronic and documentary
evidence in an ef cient and cost effective manner.
PRESENTED BY:
30 www.constructionsuperconference.com


S28 The Many Ways to Skin a Cat:
In-House Counsel’s Preferences
to Dispute Resolution
Encore Ballroom 7
Laura Abrahamson, AECOM
Marion Hack, Pepper Hamilton LLP Tomas Kuehn, BrightView Landscapes LLC Ira Schulman, Pepper Hamilton LLP
Dale Spencer, Sabey Corporation, Inc.
Mediation, Arbitration (AAA, JAMS, ICC) Federal and State Courts — so many venues to resolve disputes, but what are the preferences of in-house counsel to dispute resolution and why? This session will discuss the pros and cons to all forms of dispute resolution, including the strategic, nancial and personnel considerations of each approach. The program will also address, the current preferences of in-house counsel to various forums and problems that are encountered with all forums with the focus on avoidance of various pitfalls to each.
Upon completion of this session, participants will be able to:
• Understand the various methods of dispute resolution
and the current issues and bene ts to each. Each method will be analyzed from a nancial, strategic and personnel perspective.
• Discuss how in-house counsel view and utilize mediation and whether mediation remains the ADR vehicle of choice. The use of the various dispute resolution methods as a predicate for substantive settlement talks will also be discussed
• Learn in house counsel’s perspective of the most and least liked and least liked methods of resolution and their preferred methods of resolving disputes. Learn why,
for example, arbitration for one claim may be the totally wrong approach for another one. What factors lead in- house counsel to choose litigation, with or without a jury?
S29 Managing Subcontractors on Federal Contract Delay Claims
Encore Ballroom 8
Michael Branca, Peckar & Abramson, P.C. Christian (Chris) Jahrling, Turner Federal Services Charles Mitchell, The Kirlin Group
Douglas Patin, Bradley Arant Boult Cummings
Federal contract delay claims present special challenges that prime contractors and subcontractors must address if they hope to succeed. Passing through subcontractor claims involve the federal severin doctrine, and become complicated by waiver issues with each progress payment and common change order release language. The negotiation of liquidation or joint prosecution agreements between contractors and subcontractors are complex and unique for each subcontractor and project. Managing multiple subcontractor pass-through claims from submission of claims, through potential negotiation and into trial with contractor and subcontractor co-counsel requires special skills. Finally, the recent trend of Miller
Act cases require prime contractors to weigh the risk of having clear subcontract pass-through disputes clauses limiting prime contractor liability to amounts recovered from the government declared invalid if contractors and subcontractors do not agree to the pass-through claim process. We will present the viewpoints of federal prime contractors and subcontractors.
Upon completion of this session, participants will be able to:
• Demonstrate good practice and how to manage pass
through subcontractor delay claims from a project
management and legal points of view.
• Identify risks in advance of negotiating subcontractor
cooperation/liquidation agreements.
• Understand the risk general contractors have under the
Miller Act if subcontractors do not cooperate.
9:45 am – 10:15 am
Knowledge Exchage Expo Hall – Networking & Refreshment Break
Encore Ballroom 1 - 3
SPONSORED BY:
www.constructionsuperconference.com
31


CONFERENCE SCHEDULE
2018
10:15 am - 11:30 am
S30 A Review of the Updated AIA A201
General Conditions and its Critical Dispute
Resolution Provisions
Encore Ballroom 8
Upon completion of this session,
participants will be able to:
• Understand the nature of construction claims and
dif culties to manage them.
• Understand the use of new technologies to be applied in
the construction industry.
• Use the technology to support forensic analysis in the
claim management process.
MODERATOR: Ryan Phillips, The Vertex Companies, Inc. Shelly Burke, Sterling Bay
William McConnell, The Vertex Companies, Inc.
Daniel Rosenberg, James McHugh Construction Co. John Sebastian, Watt, Tieder, Hoffar & Fitzgerald, L.L.P.
Liability
Encore Ballroom 7
Bob Ashcroft, Structure Tone Organization Patrick Campbell, Baker & Hostetler LLP John Carney, Baker & Hostetler LLP Brian Fields, Structure Tone Organization Shelly Mady, Ankura
The panel will focus on techniques for identifying and managing a construction company’s corruption risk, and remediation when potential issues are identi ed. Speci c topics will include:
1. Current global, federal, and selected state and local corruption and fraud enforcement trends, with a focus on the FCPA and UK Bribery Act on the global and federal level, and selected state and local corruption and anti-fraud laws and actions.
2. Techniques for identifying and assessing enterprise corruption risk, including through the use of advanced data analytics.
3. Techniques for conducting an internal investigation if any potential issues are identi ed, including how to structure international internal investigations to account for the different privilege laws in different jurisdictions and the local jurisdiction’s data privacy rules.
4. Pros and cons of voluntary disclosure to the government and how to do it.
Upon completion of this session,
participants will be able to:
• Understand the current global, federal, and selected state
and local anti-corruption and anti-fraud enforcement trends and how regulators in different countries
are increasingly working together on cross-border investments.
In 2017, the AIA updated its A201 general conditions form; the previous update was in 2007. This presentation will review the 2017 version of the A201 form and identify important updates from the 2007 version, and identify sections that will effect dispute resolution proceedings. In particular, this session will review critical A201 sections that are often misinterpreted or ignored by parties to dispute resolution.
Upon completion of this session, participants will be able to:
• Understand potential issues when entering into an
agreement that incorporates the A201 terms in order to improve contract administration and mitigate risk exposure to parties to the contract.
• Understand general legal principles and historical trends in dispute resolution proceedings.
• Understand the changes and updates to the A201 form and how it impacts the dispute resolution process.
S31 New Technologies in Construction and its Forensic Application
Encore Ballroom 4
MODERATOR: Andres Alva, Berkeley Research Group Charles Conrad, Pillsbury Winthrop Shaw Pittman, LLP David Kiefer, King & Spalding
Daniel McMillan, Jones Day
Panelists will discuss major recurrent construction problems, such as lack of coordination, control, and loss of productivity; how they affect the construction schedule and risk management; potential hardware, software, and mesh network solutions; and data recollection and the forensic process to be used in disputes or arbitration.
S32 Construction Corruption and
Compliance: What the Regulators are
Looking At and What You Can Do to Avoid
32 www.constructionsuperconference.com


• Identify and manage the company’s corruption risk,
by understanding that early identi cation puts the company in the best position to take effective remedial action. If potential issues are identi ed of an international nature, attendees will learn how to conduct an internal investigation of cross-border corruption allegations, while maintaining the privilege and adhering to applicable data privacy laws.
• Determine whether to voluntarily disclose to the government and how to self-disclose. This decision
is vital in light of the expectations of regulators that companies self-disclose and the bene ts of voluntary and timely self-disclosure. Knowing how to self-disclose is essential to mitigate against risk of additional regulatory exposure or add-on third party litigation.
S33 Constructing a Solid Foundation:
Ethical Implications of Mitigating Global
Corruption Risks
Encore Ballroom 6
Garry Boehlert, Saul Ewing Arnstein & Lehr Justin Danilewitz, Saul Ewing Arnstein & Lehr Vonda Hall, MGM Resorts International Michael Kolloway, Parsons
Sunu Pillai, Saul Ewing Arnstein & Lehr
U.S. prosecutors and their foreign counterparts have made the prosecution of global corruption a signature priority, and many of these high pro le actions have involved construction and engineering companies. This panel will provide in-house, outside counsel, and prosecutorial perspectives on: the robust risk assessments that construction and design rms need to undertake; the essential features of rigorous anticorruption policies and procedures; and (in the worst case scenario) how best
to remediate in light of guidance from DOJ and its recent FCPA Corporate Enforcement Policy. A former Assistant US Attorney will discuss the recently formalized DOJ policy and the costs and bene ts to consider in whether to disclose potential violations to authorities in the hope of gaining cooperation credit.
The global construction industry involves huge and complex projects in far- ung locales. This complexity, coupled with varied cultural and business norms of the project locations, and signi cant public sector involvement in particular jurisdictions, leave this industry highly susceptible to allegations of bribery and corruption. This presentation will discuss recent case studies involving anti-
corruption actions against construction and engineering rms brought by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and their most energetic foreign counterpart, the UK Serious Frauds Of ce, and the lessons to be drawn from these actions. We will also discuss the applicable legal framework, including the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act. Finally, we will consider the ethical implications confronting in-house counsel when evidence of illegal conduct is uncovered, drawing upon notable recent examples, including at Keppel Offshore & Marine Ltd., PetroTiger, and Walmart.
This presentation will offer timely insights to anyone involved in international construction.
Upon completion of this session, participants will be able to:
• Gain familiarity with substantive anti-corruption laws.
• Gain practical guidance on compliance policies,
procedures, and practices to implement.
• Gain heightened sensitivity and awareness to ethical implications of discovering unlawful conduct and the
appropriate remedial measures to take.
11:45 am - 1:30 pm
K03 Luncheon & Plenary: Construction
Outlook 2019 - Trade Wars & Price Shocks
and Worker Shortages
Encore Ballroom 5
PRESENTED BY:
SPONSORED BY:
www.constructionsuperconference.com
33


CONFERENCE SCHEDULE
S35 ABA - Mind the Coverage Gap:
Insurance Speci cations and Policy
Terms That Can Trip You Up
Encore Ballroom 4
MODERATOR: Karen P. Layng, M.A.I.T. Co. Ellen Chapelle, Gould & Ratner LLP
Joel Gregoire, Lockton Companies, LLC Michael Lubben, CCI Industries, Inc.
Rich Reizen, Gould & Ratner LLP
Most insurance contracts require the downstream parties to name the upstream parties as additional insureds. How that requirement and others are stated in the insurance speci cations can make a big difference in who actually ends up paying for common construction losses. This presentation will take some common construction losses and describe how different variations in the insurance speci cations and gaps created by poorly understood policy terms can leave some parties with an unexpected bill to pay. This presentation will include:
1. Variations in Additional Insured Endorsements 2. Properly Naming Additional Insureds
3. Primary and Non-Contributory Requirements 4. Horizontal and Vertical Exhaustion of Limits
5. Waivers of Subrogation
6. Standard and Non-Standard Exclusions 7. Cyber and Social Engineering Risks
8. Pollution Risks
9. Design Liability
This session will expose the gaps in coverage for various construction losses as a result of common variables taken from standard insurance speci cations and discuss how to close those gaps through the speci cations and various insurance products.
Upon completion of this session, participants will be able to:
• Understand how to write insurance speci cations to
maximize coverage.
• Identify gaps in coverage and how to close them.
• Insure emerging construction risks such as Cyber and
Social Engineering.
PRESENTED BY:
2018
1:45 pm - 3:00 pm
S34 Be in the Know: The New Era of Contractor-Owner Claim Disputes
Encore Ballroom 8
John DiBiasi, Lewis, DiBiasi, Zaita & Higgins, LLP Kyle Duke, Willis Towers Watson
James McMahon, China Construction - CCA Civil Luke Nolan, Willis Towers Watson
Nicholas Zaita, Lewis, DiBiasi, Zaita & Higgins, LLP
This session will present a discussion of recent trends in Public Owner’s tactics in defending valid claims made by contractors. More and more frequently, contractors must respond to arti cial efforts by Public Owners to preempt the initiation of dispute resolution procedures and/or litigation by contractors. Recently, contractors have seen an increase in Public Owners asserting default, threatening termination, and asserting bond claims in an attempt
to gain leverage over anticipated and/or forthcoming contractor claims. These efforts are too often transparent attempts by owners to cover up design de ciencies, owner-caused delays, disruption and sequencing issues, which had not been disclosed by the Owner and/or should have been known by the owner.
Upon completion of this session, participants will be able to:
• Recognize, predict and mitigate aggressive tactics taken
by public owners in claims scenarios.
• Understand the best options at contractors’ disposal to
respond to these aggressive owner tactics.
• Understand how these owner tactics may impact
bonding capacity and/or underwriting.
34 www.constructionsuperconference.com


S36 ABA - Getting Your Bells and
Whistles Admitted: Making the Most
of Demonstrative Evidence in a
Construction Trial
Encore Ballroom 7
Shelly Ewald, Watt Tieder
Honorable Elizabeth Gonzalez, Eighth Judicial District Court Regional Justice Center
Patrick Greene, Peckar and Abramson
Daniel Kruger, Engineering Systems Inc. (ESi)
James Landgraf, Dilworth Paxson LLP
Christopher Nutter, Ankura
Words don’t always fully project the magnitude of a
claim or defense. Construction trial attorneys need to be able to grab and keep the jury’s attention. This can be accomplished using effective demonstrative evidence. This program will review the need for and use of complex, but effective, demonstrative evidence, how to create it and most importantl and how to get it in front of the jury. This program will also include an admissibility hearing on the use of proffered evidence.
Upon completion of this session, participants will be able to:
• Demonstrate evidence will be effective in persuading the
jury.
• Distinguish between effective demonstrative evidence
and evidence that creates further confusion.
• Present proposed demonstrative evidence to assure that
it will be admissible.
PRESENTED BY:
S37 The Deadly Sins of Contracting
Encore Ballroom 6
Patrick Blake, Clark Construction Group, LLC Seth Firmender, The Lane Construction Group David Hecker, Kiewit Corporation
Bennett Lee, Varela, Lee, Metz and Guarino, LLP SheriAnn Murphy, Swinerton Builders
Paul Varela, Varela, Lee, Metz & Guarino, LLP
Even the largest and most sophisticated contractors wrestle with recurring commercial problems that arise time and again, endangering the nancial success of the project. This panel of industry heavyweights will discuss (i) how to develop a disruption claim where you can identify no measured mile, (ii) how to avoid funding a project through large, unpaid change orders, (iii) how to deal with unmanageable contractual risk that the Owner seeks
to shift downstream, and (iv) how to mitigate disputes between the contractor and the designer on a Design- Build job.
Upon completion of this session, participants will be able to:
• Understand the GCs of 4 top contractors feel are their
biggest recurring challenges on projects.
• Understand what has not worked in the past to solve
these problems.
• Understand innovative solutions to these problems.
www.constructionsuperconference.com
35


KNOWLEDGE EXCHANGE FLOOR PLAN
FE
402
IST
302
403
303
404
Berkel
304
407
BDO
307
408
308
409
309
Rim
Seminar
R
o
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General
Cokin Hoga Jones
Session Room
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S
Seminar Room
Delt al
300
Kilpatr Glass KLDis
202 204 207
Secret Ankur PlanG
310
Res erve
111
Capi tal
100
Capital Project Management, Inc. Ankura
PlanGrid, Inc.
Secretariat International
American Arbitration Association Kilpatrick Townsend & Stockton LLP GlassRatner
KLDiscovery
Delta Consulting Group, Inc
100 104 107 109 111 202 204 207 300
IST Management Services Berkeley Research Group BDO USA, LLP
Legal Realtime Reporting Cokinos | Young
Hogan Lovells
Jones Walker LLP
David Pattillo & Associates
FTI Consulting 408
36
www.constructionsuperconference.com
102
104 107
209 109
FE
FHC
David FTI Reser
302 304 307 310 402 403 404 407
ConsensusDocs 409
Rimkus Consulting Group, Inc Dorsey & Whitney LLP
Duane Morris, LLP
LitCon Group, LLC Eversheds Sutherland
Reed Smith
The Rhodes Group
410 Sponsor Sponsor Sponsor Sponsor Sponsor Sponsor
kus
410
Lega


SPONSOR DIRECTORY
2018
Delta Consulting Group,Inc............300
www.delta-cgi.com
Delta Consulting Group is an international consulting rm of multi-disciplined professionals in engineering, accounting, construction, program management and litigation support. Services include: delay analysis, quanti cation of damages, loss of productivity, project controls, construction audits, scheduling, budget analysis, and expert witness services, among others,
on multifaceted litigation and arbitration cases around the world. Delta “makes the difference.” www.DELTA-CGI.com
Dorsey&WhitneyLLP....
www.dorsey.com/
Across the U.S. and around the globe, construction industry participants count
on our Construction and Design practice group to build the legal framework that supports their projects. Combining a solid understanding of the “big picture” with in- the-trenches construction and design project management experience, our lawyers provide proactive solutions to a diverse client base.
If disputes arise, our Construction Litigation group steps in to successfully and quickly resolve them.
Duane Morris, LLP. . . . . . . .
www.duanemorris.com
Duane Morris LLP’s Construction Group is nationally ranked by Chambers USA among the leaders in the industry and received top-tier national recognition in Construction Law and Construction Litigation in the
U.S. News Best Lawyers rankings. With construction lawyers throughout its many of ces across the United States, the group’s lawyers provide a full range of legal services to clients in all aspects of construction and government contracting.
Eversheds Sutherland. . . . .
www.eversheds-sutherland.com
Eversheds Sutherland is an international top 40 law practice helping a global client base ranging from small and mid-sized businesses to the largest multinationals solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.
American Arbitration Association ..........111
www.adr.org
When construction expertise matters,
there is the AAA: an outstanding team of professionals to take on parties’ construction needs--from exact administration to resolution by the diverse, experienced attorneys and industry professionals of the Construction Panels. The Construction Mega Project Panel comprises the top construction arbitrators rated for their expertise in giant cases by counsel representing clients
with disputes arising out of signi cant construction and infrastructure projects.
Capital Project Management, Inc. . . . . . 100
www.cpmiteam.com
CPMI is an independent engineering consulting rm that specializes in the analysis, resolution, and prevention of complex construction disputes. Our services include Claims Consulting, Expert Testimony, Scheduling Support Services and Project Management Oversight. We have been providing solutions for clients engaged
in capital projects and related litigation worldwide for more than 20 years.
Cokinos|Young.......402 Ankura ..............104 cokinoslaw.com
www.ankura.com/suite/
industries/construction
Ankura is de ned by HOW we solve challenges. Our business advisory and expert services focus on designing, developing,
and executing solutions for clients, whether they are facing immediate demands, increasing value, or protecting against risks. We create innovative strategies for the ever- changing business environment, giving
clients unparalleled insight into economic, governance, and regulatory issues. At Ankura, we know that collaboration drives results.
BDO USA, LLP . . . . . . . . 307
www.bdo.com
BDO provides project advisory, data analytics and damages-focused dispute resolution services to construction owners and contractors. We are committed to supporting our clients with comprehensive and objective analyses throughout the project life cycle.
We work closely with our clients as advisors to understand the issues and independently analyze the unexpected events that occurred on a project and, when necessary, provide testimony on costs and/or damages associated with the events.
Berkeley Research
Group ...............304
www.thinkbrg.com
Berkeley Research Group’s Construction practice offers professional experience
and competence in fact- nding, data analytics, claims/dispute analysis and management, and litigation support; along with technical expertise in engineering, architecture, construction management, public contracting, speci cations and technical document development, schedule development and analysis, cost analysis, negotiations, and expert witness testimony.
With over 50 lawyers and of ces in Houston, Dallas/Ft. Worth, San Antonio, and Austin, Cokinos | Young offers clients a full range
of legal services in most areas of civil law, including business formation, mergers & acquisitions, litigation, commercial real estate attorneys, employment law, bankruptcy
and creditor rights, insurance and risk management, and construction law.
ConsensusDocs. . . . . . . 409
www.consensusdocs.org
For the last 11 years, ConsensusDocs has been the only standard contracts written
by a 40 + coalition of leading design and construction associations representing
owners, contractors, subcontractors, sureties, and design professionals. ConsensusDocs’ 100+ standard contracts incorporate fair risk allocation and best practices to represent the project’s best interests. For more info visit www. ConsensusDocs.org, call 866-925-Docs (3627) or email [email protected] .
David Pattillo
&Associates .........407
www.davidpattillo.com
DPA provides independent and highly specialized dispute resolution expertise
and construction project risk management services to public and private clients across a broad range of industries. Areas of expertise include, but are not limited to, CPM Schedule Analysis, Forensic Evaluations, Critical Path Delay and Impact Evaluation, Labor Productivity Analysis, Quanti cation
of Damages and Expert Witness Testimony. We are proud to be Dedicated Professional Advisors to the construction industry.
www.constructionsuperconference.com
37


2018
FTIConsulting........408
www.fticonsulting.com
FTI Consulting is a leading global provider
of commercial management and dispute resolution services on large, complex projects across all construction and engineering industries. Our professionals are industry leaders and seasoned testifying experts, representing top talent across disciplines, including engineers, architects, accountants, quantity surveyors, planning and scheduling specialists, cost engineers, and project managers. Our experts offer in-the- eld and in-the-courtroom experience
GlassRatner..........204
www.glassratner.com
GlassRatner is a private consulting rm offering uniquely integrated nancial & construction advisory services with a proven track record of solving complex issues at
any point in the construction life cycle. We are regularly called upon to perform forensic analysis at the highest level and offer superior expert testimony in support of our ndings. Our team has decades of experience and
we frequently serve as a trusted advisors in complex construction undertakings.
HoganLovells ........403
www.hoganlovells.com
Legal challenges come from all directions. We work with employers, contractors, developers, engineers, project managers, suppliers, consultants, and government entities. We guide you through the most complex contract structures, drafting, negotiations, and disputes. Above all, we help you avoid disputes in the rst place. Our analysis of project and contract risk, state- of-the-art dispute resolution skills, and deep construction and engineering knowledge mean we understand what you do.
IST Management
Services .............302
www.istmanagement.com
IST Discover-E takes the stress out of the eDiscovery process by providing law rms and corporations with solutions that are led by experienced, responsive project managers utilizing our single tool work ow and proprietary portal software to provide clients with clear and transparent communication. IST also guarantees our clients can predict their cost and are never nickel and dimed through our ALL IN four-point pricing structure.
SPONSOR DIRECTORY
JonesWalkerLLP.....404
www.joneswalker.com
From project conception to completion, Jones Walker’s team of 30+ construction attorneys delivers comprehensive legal services. We draft construction contracts and provide real-time advice as projects progress. When con icts arise, our trial lawyers who have litigated billions of dollars in construction disputes are ready. Our national footprint, the depth of our team, and the scale of our projects enable us to provide effective counsel on every construction issue at every step of the process.
Kilpatrick Townsend & StocktonLLP.........202
www.kilpatricktownsend.com/ en/What_We_Do/Service_Areas/ ConstructionInfrastructure/
ConstructionInfrastructure.aspx
Kilpatrick Townsend’s Construction & Infrastructure Practice Group includes a nationally recognized team of more than 30 attorneys exclusively focused on construction law, including contracts and disputes. Our attorneys provide trusted counsel and forward-thinking legal solutions to clients throughout the world. We also advise clients contracting with the U.S. government. Our Construction team has been recognized for years as one of the very best in the nation.
KLDiscovery..........207
www.kldiscovery.com
KLDiscovery provides technology-enabled services and software to help law rms, corporations, government agencies and consumers solve complex data challenges. Serving clients for over 30 years, we offer
data collection and forensic investigation,
early case assessment, data processing,
and data hosting for web-based document reviews, offering both Relativity and Nebula (our proprietary, user friendly solution). We also offer managed document review services.
LegalRealtime
Reporting . . . . . . . . . . . . 310
www.legalrealtime.com
Legal Realtime Reporting is best known for its 30-plus years of experience in managing document-intensive, multi-party, complex litigation. Our main of ces in Central and Northern Florida are considered the premier locations to accommodate large depositions and mediations. Furthermore, we have of ces throughout the State of Florida
and af liates within the United States and worldwide. We pride ourselves by offering the highest quality of personalized service for every aspect of a case.
LitConGroup,LLC........
www.litcongroup.com
LitCon Group, LLC (LitCon) is a consulting rm comprised of a variety of highly credential and experienced professionals who assist clients and their legal counsel with the management and resolution of complex construction projects and business transactions. Our professionals have decades of experience serving as consultants and our case experience is vast and encompasses many
of the issues encountered by our clients with respect to large construction projects.
PlanGrid,Inc..........107
www.plangrid.com
PlanGrid is construction productivity software used on more than 1 Million projects around the world. It allows teams to collaborate effectively with access to an intelligent record set on any device, streamlining construction, turnover and operations.
ReedSmith..............
www.reedsmith.com
Our global team has the experience to guide clients on all aspects of construction projects across a wide range of industries, assisting from inception to nancing to project management to, when necessary, disputes. About Reed Smith: We are a dynamic international law rm, dedicated to helping clients move their businesses forward.
38 www.constructionsuperconference.com


Rimkus Consulting Secretariat The Rhodes Group . . . . . . .
Group,Inc............410 International..........109
www.rhodes-group.com
The Rhodes Group is a leading construction consulting rm with of ces in Pittsburgh and Houston. We have global reach
and experience across all major sectors
of construction. Our comprehensive
services span the life of a project — from preconstruction through formal dispute resolution. Since 1999 we have helped hundreds of construction stakeholders across the globe on multi-million and multi-billion dollar projects that range in function from professional sports stadiums to LNG facilities.
www.rimkus.com
Rimkus Consulting Group, Inc. is a worldwide provider of forensic consulting services to insurance companies, law rms, corporations, and government agencies. Rimkus assists clients in the responsive and timely resolution of claims and disputes. The company’s team of professional engineers, scientists, and technical specialists is recognized for its commitment to service excellence by local, national, and international business communities.
www.secretariat-intl.com
Secretariat International is a recognized global leader in the construction consulting industry, specializing in dispute resolution and providing independent expert witness services. Our knowledgeable team of engineers, project managers, architects, schedulers, and accountants posses a unique quality-driven perspective when approaching disputes. Our professionals have collaborated on complex projects throughout the world and draw upon this unparalleled experience when advising clients.
DECEMBER 2019
SAVE THE DATE
Terranea Resort ü
Rancho Palos Verdes, CA December 2-4, 2019


2018
SPONSOR DIRECTORY
PRODUCT CATEGORY
ADVISORY SERVICES
Ankura..................... 104 BDOUSA,LLP .............. 307 Berkeley Research Group . . . . . . 304 Capital Project
Management,Inc. .......... 100
CONSULTING
BDOUSA,LLP .............. 307 Berkeley Research Group . . . . . . 304 Capital Project Management, Inc. 100 David Pattillo & Associates. . . . . . 407 Delta Consulting Group, Inc. . . . . 300
FINANCIAL & MANAGEMENT ADVISORY Dorsey&WhitneyLLP............ FTIConsulting ............... 408 GlassRatner................. 204 LitConGroup,LLC...............
David Pattillo & Associates. . . . . . 407 Dorsey & Whitney LLP . . . . . . . . . . . . FTIConsulting ............... 408 GlassRatner................. 204 HoganLovells ............... 403 JonesWalkerLLP ............ 404 Kilpatrick Townsend
&StocktonLLP ............ 202 LitCon Group, LLC. . . . . . . . . . . . . . . ReedSmith .................... Rimkus Consulting Group, Inc . . . 410 Secretariat International . . . . . . . . 109
BIM SOLUTIONS
ConsensusDocs ............. 409 Duane Morris, LLP. . . . . . . . . . . . . . . Dorsey & Whitney LLP . . . . . . . . . . . .
BUSINESS SERVICES
Dorsey & Whitney LLP.. . . . . . . . . . . . IST Management Services . . . . . . 302 Legal Realtime Reporting. . . . . . . 310 PlanGrid,Inc................. 107 Secretariat International . . . . . . . . 109
CONSTRUCTION CONTRACTS AND LAW, INCLUDING DOCUMENTS
American Arbitration
Association................ 111 Cokinos|Young.............. 402 ConsensusDocs ............. 409 David Pattillo & Associates. . . . . . 407 Dorsey & Whitney LLP . . . . . . . . . . . . Duane Morris, LLP. . . . . . . . . . . . . . . EvershedsSutherland ............ GlassRatner................. 204 HoganLovells ............... 403 JonesWalkerLLP ............ 404 Kilpatrick Townsend &
StocktonLLP.............. 202 Legal Realtime Reporting. . . . . . . 310 ReedSmith ....................
CONSTRUCTION SAFETY PRODUCTS Cokinos|Young.............. 402 Rimkus Consulting Group, Inc . . . 410
Dorsey&WhitneyLLP............ FTIConsulting ............... 408 GlassRatner................. 204 IST Management Services . . . . . . 302 JonesWalkerLLP ............ 404 Kilpatrick Townsend
&StocktonLLP ............ 202 KLDiscovery................. 207 LitConGroup,LLC............... Rimkus Consulting Group, Inc . . . 410 Secretariat International . . . . . . . . 109 TheRhodesGroup ..............
DISPUTE RESOLUTION & LITIGATION
American Arbitration Association . 111 Ankura..................... 104 BDOUSA,LLP .............. 307 Berkeley Research Group . . . . . . 304 Capital Project Management, Inc. 100 Cokinos|Young.............. 402 ConsensusDocs ............. 409 David Pattillo & Associates. . . . . . 407 Delta Consulting Group, Inc. . . . . 300 Dorsey&WhitneyLLP.............r DuaneMorris,LLP............... EvershedsSutherland ............ FTIConsulting ............... 408 GlassRatner................. 204 HoganLovells ............... 403 JonesWalkerLLP ............ 404 Kilpatrick Townsend
&StocktonLLP ............ 202 KLDiscovery................. 207 LitConGroup,LLC............... ReedSmith .................... Rimkus Consulting Group, Inc . . . 410 Secretariat International . . . . . . . . 109 TheRhodesGroup ..............
EDUCATION & TRAINING
Dorsey&WhitneyLLP............ GlassRatner................. 204 JonesWalkerLLP ............ 404 Kilpatrick Townsend
&StocktonLLP ............ 202 LitConGroup,LLC...............
Secretariat International . . . . . . . . 109
FORENSICS EXPERTISE
BDOUSA,LLP .............. 307 Berkeley Research Group . . . . . . 304 David Pattillo & Associates. . . . . . 407 Delta Consulting Group, Inc. . . . . 300 Dorsey&WhitneyLLP............ GlassRatner................. 204 IST Management Services . . . . . . 302 KLDiscovery................. 207 LitConGroup,LLC............... Rimkus Consulting Group, Inc . . . 410 Secretariat International . . . . . . . . 109 TheRhodesGroup ..............
PROGRAM MANAGEMENT
Delta Consulting Group, Inc. . . . . 300 FTIConsulting ............... 408 GlassRatner................. 204 KLDiscovery................. 207 LitConGroup,LLC............... Secretariat International . . . . . . . . 109
RISKMANAGEMENT
Berkeley Research Group . . . . . . 304 ConsensusDocs ............. 409 David Pattillo & Associates. . . . . . 407 Delta Consulting Group, Inc. . . . . 300 Dorsey&WhitneyLLP............ DuaneMorris,LLP............... FTIConsulting ............... 408 GlassRatner................. 204 HoganLovells ............... 403 JonesWalkerLLP ............ 404 Kilpatrick Townsend
&StocktonLLP ............ 202 LitConGroup,LLC............... ReedSmith .................... Rimkus Consulting Group, Inc . . . 410 TheRhodesGroup ..............
SURETY
Berkeley Research Group . . . . . . 304 Delta Consulting Group, Inc. . . . . 300 DuaneMorris,LLP............... LitConGroup,LLC...............
40 www.constructionsuperconference.com


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