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  • Copyright 2014 American Arbitration Association

    Five Ways to Reduce the Costs of Construction Arbitration

    Webinar January 22, 2014 2:00 p.m. (ET)

    PROGRAM SUMMARY

    Speakers: Adrian L. Bastianelli III, Esq. and Joseph F. Canterbury Jr., Esq. When managed correctly, arbitration has distinct cost advantages over litigation in resolving disputes. Arbitration can be economical, or not, depending on how the process is used (or abused). In this webinar, experienced speakers will identify effective methods for reducing the costs of arbitration.

    AGENDA 2:00 p.m. Welcome and Introduction of Speakers (5 minutes) 2:05 p.m. Goals for the Session (5 minutes)

    2:10 p.m. Methods for Reducing Costs of Arbitration (70 minutes)

    Control Discovery

    Reduce the Time & Cost to Get to Hearing

    Reduce the Cost of the Hearings

    Reduce the Cost of the Arbitrators

    Use Innovative Procedures to Reduce Costs

    3:20 p.m. Conclusion and Questions (10 minutes) 3:30 p.m. Evaluation (5 minutes) 3:35 p.m. Adjourn

  • Adrian L. Bastianelli, III, Esq.24886

    Adrian L. Bastianelli, III, Esq.

    Current Employer-Title Peckar & Abramson, P.C. - Principal

    Profession Attorney; Professional Engineer

    Work History Principal, Peckar & Abramson, P.C. (and predecessors), 1982-present; Partner,Bastianelli, Thomas, Reifel & Lyon, 1978-82; Partner/Associate, Hudson & Creyke, 1972-78; LawClerk, U.S. Court of Claims, 1971-72; Civil Engineer, Construction Division, U.S. Corps ofEngineers, 1966-71.

    Experience Entire practice devoted to construction law. Over 35 years' experience in resolvingconstruction disputes and representing contractors, subcontractors, suppliers, owners, designprofessionals, and sureties. Handled a variety of construction cases, including buildings, transitfacilities, power plants, nuclear clean-up, sewage treatment plants, locks, dams, hospitals, schools,office buildings, shopping malls, prisons, industrial facilities, convention centers, airports, highways,bridges, housing, slurry walls, deep foundations, waterways, ports, dredging, electrical, mechanical,masonry, finish work, landfills, sewer lines, cut and cover tunneling, high- and low-rise dwellings,marine construction, soils/geotechnical, structural steel erection, laboratories, landscaping, sitedevelopment, mass transit, utility systems, pipe line, tunnels, hotels, parking garages,renovation/restoration, excavation/grading, medical/hospital, and government building.

    Alternative Dispute Resolution Experience Arbitrator in over 100 disputes involvingamounts as high as $80 million over a 30-year period. Served primarily as panelist chair or solearbitrator. Panelist chair in a dispute requiring over 40 days of hearings. Served as mediator in over200 disputes, most of which involved millions of dollars in claims. Chair or member of over 10 disputereview boards and member of the American Arbitration Association Roster of Dispute Review BoardMembers. Negotiated and resolved over 1,000 construction claims during 35 years as anattorney/negotiator. Negotiated and resolved construction claims as an engineer for four years. Servesas a member of the American Arbitration Association Large, Complex Case Program.

    Alternative Dispute Resolution Training Faculty, AAA Advanced Mediator TrainingSeries: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Faculty,Advanced Mediator Training, 2010; Faculty, AAA Webinar, Dispute Resolution Boards: When andWhy They Work in Construction Disputes, 2010; AAA Webinar, On-Site Resolution: How Does it

    Contact American Arbitration Association 1776 Eye Street N.W.Suite 850Washington, DC 20006

  • Adrian L. Bastianelli, III, Esq.24886

    Work?, 2009; AAA Webinar, Construction ADR Practitioners: Crucial Preparation for the NewIndustry Standard-Form Contract Documents, 2008; Faculty, AAA Construction Conference: ADRWorks, 2008; ICDR International Symposia in Advanced Case Management Issues, 2007; AAADealing With Delay Tactics in Arbitration (ACE004), 2005; AAA Arbitration Awards: Safeguarding,Deciding & Writing Awards (ACE001), 2004; AAA Construction Industry Arbitrator II Training:Advanced Case Management Issues, 2002; AAA Arbitrator Update 2001; AAA Construction MediatorTraining, 1997; AAA Construction Arbitrator Training, 1996; U.S. Arbitration and Mediation,Mediation Training, 1992; various other ADR training.

    Professional Licenses Admitted to the Bar: Kentucky, 1972 (inactive); District of Columbia,1973; U.S Court of Appeals: Federal Circuit, Fourth Circuit; U.S. Court of Federal Claims; U.S.Supreme Court. Registered Professional Engineer, Kentucky (#7830), 1971 (inactive).

    Professional Associations Washington Building Congress (Past President); American BarAssociation (Forum on the Construction Industry, Public Contracts Law Section, Chair; TIPS;Litigation Section); American College of Construction Lawyers (Board of Governors; DisputeResolution Committee, Co-Chair; Fellow); Professional Women in Construction, Capital Region(Board of Directors); The Construction Group Advisory Board for Thomson/West; Dispute ReviewBoard Foundation (Regional Representative); Federal Bar Association; District of Columbia BarAssociation; Associated General Contractors; Associated Builders and Contractors.

    Education Purdue University (BS, Civil Engineering-1966); University of Louisville (JD-1971).

    Publications and Speaking Engagements Editor, THE JOURNAL OF THEAMERICAN COLLEGE OF CONSTRUCTION LAWYERS, 2006-2008; editor, THECONSTRUCTION LAWYER, associate editor/editor 1997-04; STATE BY STATE GUIDE TOCONSTRUCTION CONTRACTS, Aspen, DC Chapter; editor and contributor, FEDERALGOVERNMENT CONSTRUCTION CONTRACTS, American Bar Association Forum on theConstruction Industry, 2003; "Alternative Dispute Resolution," NEW YORK CONSTRUCTIONLAW, Aspen, 2003; "Recovering Delay Damages for Home Office Overhead/Edition III,"CONSTRUCTION BRIEFINGS NO. 01-5, Federal Publications, 2001; "The Proactive DRB and theUse of Advisory DRB Process," 5 FOUNDATION FORUM 1, January 2001; "Litigating with theFederal Government," 20:4 THE CONSTRUCTION LAWYER 24, October 2000; "New FederalRegulations Affecting the Construction Industry," CONSTRUCTION BRIEFINGS NO. 98-4, FederalPublications, 1998; contributor, CONSTRUCTION CLAIMS DESKBOOK, Wiley Publications,1996-02; "Competitive Negotiation in Government Construction Contracts," CONSTRUCTIONBRIEFINGS NO. 91-4, Federal Publications, 1991.

    SPEAKING ENGAGEMENTS: "Construction ADR Practitioners: Crucial Preparation for the NewIndustry Standard-Form Contract Documents," AAA; "View from the Other Side: An Arbitrator?sThoughts on How Not to Present Your Case," ABA Forum on the Construction Industry; Construction

  • Adrian L. Bastianelli, III, Esq.24886

    ADR: "What Is Working and How We Can Make It Better," Construction SuperConference; "Greenand Sustainable Building Symposium," Professional Women in Construction; "Dispute ResolutionTechniques," Lorman; "Dispute Resolution Boards," CSI; "False Claims Act," AON/P&A; "ResolvingConstruction Disputes in Maryland: The Effective Use of Arbitration, Mediation, and OtherProcesses," NBI; "Tips on Effective Advocacy in Arbitration," Virginia Bar Association;"Observationson the DRB Process," CSI; "The AIA Contract Documents," Lorman; "Should a DRB Mediate?",DRB Foundation; "Mediation Ethics," BCA Judges Association; "Fundamentals of Construction Law,"American Bar Association Forum on the Construction Industry; "Why Mediation Works," RealProperty Division, Montgomery County Bar Association; "Mediating with the Federal Government,"Federal Bar Association; "Design-Build," Lorman; "Dispute Review Boards," Construction Section,Virginia Bar Association; "Litigating with the Federal Government," American Bar Association Forumon the Construction Industry; "The Lawyer's Role in the DRB Process," DRB Foundation; numerousothers.

    Compensation

    Citizenship United States of America

    Locale Washington, DC

    $3,300.00 Per Day $430.00 Per Hour

    Charges for research, review, preliminary hearings, travel time and study time. Cancellation Policy:Charges for 1 day per week of scheduled hearings if cancelled within 21 days of hearings.

  • Joe F. Canterbury, Jr., Esq.106597

    Joe F. Canterbury, Jr., Esq.

    Current Employer-Title Canterbury Gooch Surratt Shapiro Stein & Gaswirth, P.C.-Chairman, Shareholder and Director

    Profession Attorney - Construction

    Work History Partner/Chairman and Director, Canterbury, Elder, Gooch, Surratt, Shapiro &Stein, P.C., P.C. 1981-Present; Partner, Smith, Smith, Dunlap & Canterbury, 1969-81; AssociateAttorney, Blanchette, Smith & Shelton, 1966-69; Commerce Clearing House, 1964-66; U.S. Navy,1956-59, Part time work for various construction firms, 1953-56 and 1959-1963

    Experience Over 45 years experience as a lawyer specializing in construction law. Handleddisputes in commercial, multi-family, industrial, utility, pipeline, highway, bridge, commercial, powerand cement plants, petrochemical plants, transactional and litigation work.

    Alternative Dispute Resolution Experience American Arbitration Association sole andpanel arbitrator since 1987 and mediator since 1991. Has handled approximately 255 mediations and120 arbitrations. Member of the American Arbitration Association Task Force on Construction Rulesand the National Construction Dispute Resolution Committee. Past Chairman of the AmericanArbitration Association Southwestern Advisory Council. Current Member of the Board of Directorsand Executive Committee (2006) for the American Arbitration Association. Member of the AmericanArbitration Association Constr

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