Construction Mediation and ADR

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We recognize that construction is expensive, and that construction contracts involve large amounts of money and limited profit margins. We also recognize that legal and expert fees in arbitration and litigation can be costly. However, all too often, we see the parties needlessly pressured to settle in mediation and lose a lot more than they might have lost in arbitration or litigation. Therefore, we believe that mediation should be seen primarily as a process through which the parties better evaluate their positions. Any subsequent settlement should truly make financial and business sense to both parties.

Mediation Services

Facilitative or Evaluative

The role a mediator plays can depend on the desires of the parties. Just as importantly, it can also depend on the philosophy of the mediator. The role of a mediator may involve gently guiding the parties to resolution by carrying messages, helping them agree to a process and an agenda, aiding them in developing their own proposals and assisting them in the negotiation process. These are all steps and techniques used in what is often termed "facilitative" mediation.

Construction disputes often require more than mere handholding and can frequently benefit from an "evaluative" mediation process under the direction of a mediator with practical experience in project development, design and construction. Participants in an "evaluative" mediation often find unrealistic expectations become exposed, receive factual and causal analysis and, where necessary, insurance coverage analysis specific to their construction dispute. Persuasion and logic are aimed at securing acceptance of specific solutions based on the mediator's analysis. Most construction cases respond well to this more aggressive mediation style. Where a settlement is not achieved, the parties nonetheless come away from the mediation with a fresh and independent view of the strengths and weaknesses of their case as viewed by a highly experienced construction expert and mediator.

Case Evaluation Services

As experienced financial analysts and construction experts, Holloway is uniquely situated to assist you in the evaluation of your case. Holloway can help when all sides are not agreeable to mediation or when a party and his or her attorney simply desire an independent case evaluation either before filing, before trial or at any time in between. Holloway is available to review your case or project file, review and evaluate expert reports, review and digest depositions and, based on the information analyzed, provide practical assessments and advice. Holloway also maintains consulting relationships with a wide variety of attorneys, design and claims professionals and can expand its case evaluation services to include independent project audits, construction CPM analysis and other technical areas of expertise.

Holloway's Principals

Over the past forty years, Mr. Holloway has worked on a wide range of engineering, procurement, manufacturing and construction projects, both in the U.S. and abroad, with an aggregate value of well over $25 billion. Starting out as a project engineer, he progressed through positions in project controls, project management, construction management, general contracting and construction consulting. He has worked for the world’s largest EPC firms, prominent developers and owners, and numerous general and specialty contractors, design professionals, developers, insurance carriers, sureties, law firms, and public agencies.

Mr. Holloway has consulted in contract disputes mediation, arbitration and litigation; has analyzed and testified to entitlement, causation and damages issues; and has consulted in all phases of dispute resolution on a wide range of engineering, procurement, manufacturing and construction projects, both in the U.S. and abroad, with an aggregate value of over $15 billion. He has provided fact and expert witness testimony, and has been certified as an expert before various courts and panels.

Steve serves as a mediator and on DR B's, and has lectured and spoken before the Construction Super Conference, AGC, ABC, CLE, CDLA and other industry groups on engineering, construction, contracts and financial topics. He is an associate member of the American Bar Association's Construction Section, and is affiliated with the Associated Builders and Contractors, Associated General Contractors, Construction Management Association of America, American Association of Cost Engineers and Project Management Institute.

Steve has a Bachelor of Science degree in Building Construction from the University of Louisiana at Monroe, and is a licensed California General Contractor. He has written over 90 articles on engineering and construction-related topics, which have been published by organizations such as the Construction Law Quarterly, Wiley Law, and the American Bar Association. Holloway also has other engineering and construction personnel available to assist clients.

Contacting Holloway

You may reach Holloway Consulting by mail at 10885 W. Beloit Place, Lakewood, CO 80227 or by facsimile at 303-716-0432. Steve Holloway can be reached by e-mail at holloway@hcgexperts.com or by phone at 303-984-1941.