Joseph P. McMahon Jr.

Arbitration, Facilitation and Mediation 

+303-333-1960
Fax: 480-393-4745
617 Steele St., Denver CO  USA 80206-3941

Home  Site Map    E-Mail: jpmcmahon@jpmcmahon.com

Design and Construction - experience and qualifications

Mediating since 1991
M.S. in Civil Engineering
Registered Professional Engineer, Colorado, 1975
Experience in construction disputes (mediation and arbitration) and as a design and onsite resident engineer

Panels:  

CPR Institute on Dispute Resolution

American Arbitration Assn., Large and Complex Case Panel

American Arbitration Assn., Denver, Construction and Energy Panel

Panel, U.S. Institute for Environmental Conflict Resolution

General experience. I have been working in ADR since my initial mediation training in 1991, and also began service as an arbitrator at that time. In addition to law, I have some basic electric engineering training and am a registered professional engineer (civil). As an engineer, I worked in construction scheduling, on site management, change orders, contract oversight, quality control, contract specifications, hydrology and materials science. I have an MS in Civil Engineering from the University of Denver.

Design and construction subjects. I have worked in disputes involving, among others, the following:

Delay, nature, causes and responsibility
Survey and site set up/preparation
Role and function of architect
Survey adequacy
Removal of general contractor
Construction scheduling and sequencing, optimal sequencing
Concrete and reinforcement
Adequacy of plans and specifications
HVAC
Compliance with contract and specifications
Effects of weather
Responsibility for delay among various actors
Determination of validity of change orders, extras and deletions
Dispute over validity and use of liens

 

 

 

Adequacy of supervision
Propriety of equipment for necessary tasks
Delays caused by permitting or government agencies
Responsibility for permitting
Delay damages calculation, liquidated
Lien payment and priority, improper lien
Grading, soils, compaction
Foundation preparation
Roofing and flashing claims
Drill site preparation and equipment
Mold
Substitute materials or appliances
Sliding
Loan extension costs
Injunctive relief
Attorneys fees and interest

The following are example Construction engagements: 

Mediator, dispute over deposits for home purchase, 2007.

Mediator, commercial construction and sale dispute, 2007. Mediated disputes among new owner, contractor and seller of a residence.

Arbitration, commercial construction dispute, 2006.. Arbitrated disputes among owner, contractor and subcontractors in the construction of a commercial building.

Arbitration, home construction dispute, 2006.. Arbitrated disputes between the contract and owner in a home construction dispute.

Arbitration Panel Chair, fiber optic cable dispute, 2004. Chair of a three arbitrator panel to resolve various disputes concerning the planning, permitting and construction of segment of transcontinental fiber optic cable including various disputes over interpretation of the parties’ agreements, and claims for delay and extra work.

Mediator, California business center, 2003. Mediated disputes between the owner and general contractor of a Bay Area business center. He proposed and facilitated exchanges of information about the key construction disputes that permitted the parties to assess whether settlement offered advantages over litigation. 

            Arbitration Panel Chair, multi-family housing dispute, 2003. Chair of a three arbitrator panel to resolve various disputes concerning the planning and construction of multi-family housing developments.

            Mediator, Residential construction dispute, 2003. Mediated disputes over residential home construction.

Arbitrator, Residential construction dispute, 2003. Arbitrated disputes over residential home construction.

Settlement Counsel, commercial construction.  Various parties to commercial construction or related environmental matters have asked Joe to assist them in determining whether Alternative Dispute Resolution would facilitate settlement on commercial buildings, pipelines, and environmental cleanup disputes.

            Arbitrator, hotel design and construction, 2002. Arbitrated a dispute among multiple parties over the construction of a downtown Denver , Colorado hotel.

Arbitrator, commercial office building design and construction, 2002. Arbitrated a design, survey and construction dispute concerning a downtown Boulder , Colorado office and commercial center.

Construction related presentations or associations:

·  American Arbitration Association, Construction Panel, N.Y.

·  Registered Professional Engineer, State of Colorado , 1975.

·  Author, Making The Job Easier for Your Arbitrator, Colo. Journal, 2000.·