EXEMPLAR CONSTRUCTION DISPUTES

·        In a seventeen-party dispute involving design and construction defects in a large condominium complex, fifty-two individuals participated in a mediation that required extensive process design to create a workable format.  Detailed schedules for caucusing with various parties were developed so that busy business people could maximize their productivity by being present when needed, but remain available to their companies at other times.  The presiding judge in this case had set aside sixteen weeks for trial.  The case settled after five days of mediation scheduled over a three-week period.

·          A school district commenced a multi-party lawsuit over the omission of a vapor barrier from the ceiling of a school building, resulting in unacceptable amounts of moisture infiltration into the structure.  The district's settlement proposal in mediation was deemed reasonable by all defendants, but they could not agree on allocation of responsibility among themselves.  The parties agreed to an interim funding scheme with each defendant contributing equal amounts, and agreeing to submit to binding arbitration the allocation of the final settlement amount

·          A contractor sued a municipality over a dispute regarding expenses the contractor claimed were out of his control.  The contract did not include a provision limiting extra costs to unforeseeable events.  Plaintiff alleged that due to the city's untimely decisions, poor contract interpretation, and general lack of urgency, the project fell more than 200 days behind schedule resulting in a loss of revenue to their company.  Plaintiff made a multi-million dollar demand.  Defense filed a counterclaim alleging that the construction company had a history of bidding low and then inflating their costs later in the project.  In addition, defense stated that any delays were unable to be attributed to any particular event caused by the city and that other delays never legitimately affected the plaintiff's time schedule.  Furthermore, the city filed a cross-claim against the architect of the project claiming contractual indemnity to the city.  The parties agreed to mediate the dispute and it was settled after a two-day mediation.

·          A national insurance company owned and leased warehouse space in Minnesota.  The roof of the warehouse had been insulated by a local company who manufactured a specific type of insulation which when wet was found to corrode the steel decking of the roof.  Plaintiff initiated discussions with the manufacturer to recover lost value and costs for roof replacement.  Defense maintained that the corrosion of the roof was minimal and a new roof was unnecessary.  In addition, defense asserted the statute of limitations had run on the claim.  The parties agreed on a resolution after a one-day mediation.