CONFERENCE SPONSORS COOPERATING ORGANIZATIONS

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1 1,250 FT elevation:4,367 ft occupancy: 2,500 designated:red TEMPERED GLASS: rating:900psi panels:9,468 version no.: 08 lot no.: 33 sn: through ship: freight confirmation approved. CONFERENCE SPONSORS Contract Documents for America s Infrastructure COOPERATING ORGANIZATIONS ABA Forum on Construction Law American Institute of Architects American Society of Civil Engineers American Subcontractors Association Construction Financial Management Association Construction Management Association of America Dispute Review Board Foundation Engineers Joint Contract Documents Committee National Association of Surety Bond Producers

2 CONFERENCE MODERATORS: Michael Bayard, Construction ADR Services; Los Angeles, CA Harold Coleman, Jr., Senior Vice President, American Arbitration Association; San Diego, CA 8:00-8:30 Continental Breakfast 8:30-8:45 Welcome & Introductions Michael R. Powell, Vice President, Construction Division, American Arbitration Association ; Los Angeles, CA 8:45-9:30 How did you like your last construction litigation? Why is arbitration different than litigation? Issues and challenges that are common to litigation and arbitration. Considering the goals of the parties in construction disputes. Key drawbacks to litigation of construction disputes. Characteristics of arbitration that make it more effective and efficient than litigation for construction disputes. * Wendy Kennedy Venoit, McElroy, Deutsch, Mulvaney & Carpenter, LLP; Hartford, CT * L. Tyrone Holt, The Holt Group LLC; Denver, CO * Robert Preston Brown, General Counsel, McKenney s, Atlanta, GA 9:30-10:30 Drafting Construction ADR Clauses So little time now so much effort later Understand your client s expectations. Multi-tiered, e.g., engineer s decision, disputes review or adjudication boards, mediation, arbitration. Mediation voluntary vs. mandatory. Eliminate or limit all discovery, especially e-discovery. If you need discovery to prove your case, you probably do not have a case. Fixed Time and Cost Rules. 10:30-10:45 Break * David F. McPherson, Watt, Tieder, Hoffar & Fitzgerald, LLC; Irvine, CA * Michael Long, Vice President & General Counsel, Largo Concrete, Inc.; Tustin, CA * Doug Walker, Legal Counsel, Kiewit Corporation; Vancouver, WA 10:45-12:00 Presenting Dispositive Motions in Arbitration Why do arbitrators accept them if they are going to rule against me? Does an arbitrator have the authority to grant dispositive motions? When are dispositive motions appropriate in construction cases? When and how should an arbitrator discuss the possibility of dispositive motions? Are there instances where a party anticipates losing a dispositive motion, but advantageously affects the arbitrator s view of the dispute? Is bifurcation of issues an effective alternative to dispositive motions? * Larry Harris, Fox Rothschild LLP; Washington, D.C. * A. Holt Gwyn, Conner Gwyn Schenck PLLC; Greensboro, NC The 2015 AAA Construction Conference: Keeping Arbitration Lean SANTA MONICA, CA March 27,

3 12:00-1:15 Lunch 1:15-2:15 Effective Discovery in Construction Arbitration What is really necessary? AAA Rules on discovery, and the authority of the arbitrators and/or parties to expand or limit discovery provided by the Rules. Addressing and effectively managing document production specifically including e-discovery, depositions, interrogatories and admissions. Third-party discovery including subpoenas from arbitrators and courts. Expert discovery. Resolution of discovery disputes that arise during the arbitration process including sanctions for failure to comply with allowable discovery. Effective means of limiting/controlling discovery in arbitration through contract clauses. * Stephen M. Seeger, Peckar & Abramson, P.C.; Washington, D.C. * James C. Earle, Ervin Cohen & Jessup, LLP; Beverly Hills, CA * Frank J. Baltz, Senior Vice President & Chief Legal Officer, Clark Construction; Bethesda, MD 2:15-3:15 Using Demonstrative Evidence in Arbitration The role of experts under the AAA Rules. What evidence can experts introduce? Illustrative purposes vs. admissible exhibit. Examples of cutting-edge visual technologies. What are the common challenges to admission? Avoiding delay, crashes and other mishaps. 3:15-3:30 Break * Ernest C. Brown, Smith Currie & Hancock, LLP; San Francisco, CA * William R. Broz, P.E., LEED AP, MBA, Senior Managing Engineer, Exponent Failure Analysis Associates; Los Angeles, CA * Mark Lowes, Vice President Litigation, KBR; Houston, TX 3:30-4:45 Retooling Arbitration for Mega Project Construction Claims Traditional approaches to arbitrating large construction claims. Unique issues in arbitrating claims on mega projects. New approaches to arbitrating claims on mega projects. Case management techniques on mega project cases. In-house counsel perspective on mega project cases. * Albert Bates, Jr., Duane Morris, LLP; Pittsburgh, PA * Dr. Patricia D. Galloway, PE, Pegasus Global Holdings, Inc; Cle Elum, WA * Paul Bruno, Managing General Counsel, Fluor Corporation; Irving, TX * Thomas P. Lawton, Senior Advisor, Ansaldo STS USA, Inc.; Pittsburgh, PA 4:45-5:00 Closing Remarks Michael A. Marra, Vice President, Construction Division, American Arbitration Association; Philadelphia, PA 5:00 Adjourn Cocktail Reception The 2015 AAA Construction Conference: Keeping Arbitration Lean SANTA MONICA, CA March 27,

4 Registration Information CONFERENCE REGISTRATION FEES $395 through March 3, 2015 $450 after March 3, 2015 Cancellation Policy. Only a completed form with full payment will be processed; one form per attendee. Please do not make any travel arrangements until you receive a confirmation . Should you need to cancel your registration, send your written request via to AAAEducation@adr.org or fax at by 3/17/15 to AAA Education Services for a refund of 50% of your registration fee. We regret that no refunds can be made after that date. Substitution of attendees can be made at any time. Materials. Materials will be available at the conference and on the conference website. Meals will be included. VENUE Doubletree Guest Suites Santa Monica 1707 Fourth Street Santa Monica, CA Phone: (310) Reservations A limited number of rooms are available at a reduced rate at The Doubletree. For Reservations please register online at or by phone at (310) between 9-5pm PT, Monday Friday and reference the event name American Arbitration Association. After 3/12/15, any new room reservations or changes to existing room reservations will be accepted based upon space and rate availability. CLE CREDIT INFORMATION West LegalEdcenter is procuring continuing legal education (CLE) credits on behalf of American Arbitration Association. This program is available for CLE credits in Arizona, California, Nevada, New Jersey, New York, Pennsylvania, Texas, and Washington. Credit amounts vary by attendance verification and jurisdictional rules. For jurisdictions not listed, or for other professional organizations, a Uniform Certificate of Attendance can be provided to confirm attendance credit. The 2015 AAA Construction Conference: Keeping Arbitration Lean SANTA MONICA, CA March 27,

5 Registration Form HOW TO REGISTER 4 ways to register for the Conference: REGISTER ONLINE: Go to MAIL COMPLETED FORM TO: AAA Education Services American Arbitration Association Noel Road, Suite 700 Dallas, TX USA FAX COMPLETED FORM TO: (972) Attn: AAA Education Services AAAEducation@adr.org. Questions? Contact AAA Education Services at or AAAEducation@adr.org. REGISTRATION FORM Please type or print. Mr. Ms. Mrs. Dr. Name: Job Title: Company: Address: METHOD OF PAYMENT USD Fee to be charged to the card Visa MasterCard American Express Name on Credit Card: Card Number: City: Province/State: Postal Code: Country: Telephone: Fax: Expiration Date: Signature: CSV#: The 2015 AAA Construction Conference: Keeping Arbitration Lean SANTA MONICA, CA March 27,