Eugene R. Commander. Polsinelli PC. Polsinelli PC - Denver Office Managing Shareholder. Current Employer-Title

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1 Polsinelli PC Current Employer-Title Mediation Profession Work History Experience Polsinelli PC - Denver Office Managing Shareholder Attorney - Construction, Arbitration, Mediation Polsinelli PC (Denver, CO), 2000-present; Hall & Evans, L.L.C. (Denver, CO), ; Smith, Petersen, Beckman & Willson (Council Bluffs, IA), Helps construction industry clients avoid and resolve disputes on public and private projects by providing strategic general counsel advice involving project planning contract negotiations, project financial workouts, and dispute resolution. Has over 35 years of practical experience often representing clients listed in Engineering New-Record's "Top 400 Contractors". Practice is focused primarily on representation of general contractors, EPC contractors, design-builders and construction managers, although during career has represented construction professionals involved in virtually every aspect of the industry. Experience with a variety of project types, including: - Commercial: office buildings, retail malls and mixed-use developments, resorts, casinos, hotels and convention centers - Public: detention facilities, schools, recreation and community centers, churches, museum and zoo - Residential: high-rise condominiums, town homes, apartments and custom singlefamily residences - Industrial: solar and petroleum fueled power generation, wind energy research and development, concrete block manufacturing, plastic injection mold manufacturing, computer chip manufacturing, data centers and warehouses - Infrastructure: highways, bridges, runways, transit and pedestrian mall, earthen dam, reservoir and horizontal directional drilling Experience with a variety of construction claims, including: - Bid, scope of work, differing site condition, delay, acceleration, lost productivity, contract termination, and sales and use tax - Design and construction defect and mold abatement - Prompt payment, trust fund violation, mechanic's lien foreclosure and bankruptcy proceedings - Property damage, product liability, personal injury and wrongful death - Insurance and performance/payment bonds - OSHA and ADA investigations and violations Litigated disputes before state and federal courts, arbitration panels, governmental agencies and alternative dispute resolution forums. Experience includes international business transactions and related U.S. litigation and arbitration.

2 Experience with complex commercial liability, excess, reinsurance, property, builder's risk and professional liability insurance claims involving advice to insureds, London-based and domestic insurers, regarding claim management practices and insurance coverage related to: - Primary/excess - Exhaustion of policy limits - Allocation of loss among multiple carriers and insureds - Large deductible/self-insured retention programs - Agency/broker relations Experience with first and third party claims arising from complex construction and commercial property, business interruption and economic losses caused by defective design and workmanship, structural collapse, landslide, earth movement, flood, hail, fire and alleged arson, among others. Experience advising clients in commercial real estate transactions and disputes and serving as AAA neutral in matters involving project finance, sale and purchase agreements, promissory notes, deeds of trust, assignments of rent, secured collateral and personal guarantees. Experience serving as owner's representative for construction of approximately 150,000 sf of commercial tenant improvements, including LEED certified custom interiors, for law firms and approximately 40,000 sf of expansion and extensive renovation for a church. Experience as a Mediator Representative Issues Handled as a Mediator Years of Practice as a Mediator Total Number of Cases Mediated Mediation Experience as an Advocate or Party Has served as the mediator in construction, real estate and commercial disputes. Experience handling: - Claims involving allegations of breach of contract, breach of warranty, indemnity, misrepresentation and fraud - Claims arising from defective design and workmanship, scope of work, delay, cost overruns and contract termination - Claims involving commercial liability and professional liability insurance coverage - Claims arising from project finance, purchase and sale agreements, promissory notes, deeds of trust, assignments of rent, secured collateral and personal guarantees Thirty years experience representing clients in AAA, private and judicial mediations, and other customized dispute resolution proceedings involving claims totaling as much as $30 million.

3 Mediation Philosophy Mediation References Alternative Dispute Resolution Training Professional Licenses Professional Associations The settlement of complex construction and commercial disputes requires a thoughtful and proactive approach, which should be designed case by case to meet the unique needs and requirements of the parties. The mediator should be engaged early in the dispute resolution process to become familiar with the key factual and legal issues surrounding the parties' claims, defenses, damages, and any available insurance coverage or other sources of recovery. The prompt, good faith exchange of critical evidence (eg., project and accounting records) followed by open lines of communication between the mediator, counsel, insurers, experts and other key individuals who can help narrow the issues for the parties' decision makers prior to a formal mediation conference will encourage compromise and contribute to a highly productive and cost-effective process. The mediator should be prepared to participate in an evaluative manner that is acceptable to counsel and the parties to set reasonable expectations and negotiating milestones, and to encourage a practical evaluation of the parties' claims, defenses, damages and cost-effective chances of recovery. The mediator must be a good listener with the patience and flexibility to allow the mediation process to evolve through the combined efforts of all participants. The mediator must also possess the instincts and judgment to envision a path to settlement, even if that requires a new approach or strategy during the formal mediation conference(s) to keep the negotiations productive while working towards a successful conclusion. Amy Darby, adarby@gordonrees.com, (303) ; Thomas Bell, tom.bell@dgslaw.com, (303) ; Jeffrey Cowman, cowmanj@ballardspahr.com, (303) ; additional references available upon request. AAA Construction Conference Keeping Arbitration Lean, 2015; AAA, Conducting Research & Investigations: The Arbitrator's Authorithy, 2014; AAA Webinar, Interim Awards, Partial Final Awards and Functus Officio Doctrine: Tailoring Flexible Accessories to Suit a Strict Doctrine, 2014; AAA Webinar, Developments in Arbitration Law: Disclosure, Vacatur, Sanctions, and Arbitrator Authority, 2013; AAA Webinar, Recovery of Legal Fees and Costs in Arbitration: The What, When, Where, Why and How, 2011; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Spring Construction Conference, Mediation: It's Not New, So What's Next?, 2011; AAA/CDOT/DRBF Dispute Resolution Boards: Early-Stage Dispute Resolution for Construction Projects, 2010; CBA Alternative Dispute Resolution Section, Intro to Mediation, 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; AAA Arbitrator Ethics & Disclosure (ACE003), 2004; AAA Arbitrator Update, 2002; AAA Construction Arbitrator II Training, 2002; AAA Commercial Arbitrator Training, 1999; AAA Construction Industry Arbitrator Training, Admitted to the Bar: Colorado, 1981; Iowa, 1977; U.S. District Court, District of Colorado, 1981; U.S. Court of Appeals, Tenth Circuit, Associated General Contractors of Colorado (Board of Directors); Colorado Contractors Association; American Bar Association (Forum on Construction

4 Industry and Section of Dispute Resolution); Colorado Bar Association; Denver Bar Association. Education Awards and Honors Publications and Speaking Engagements Iowa State University (BA, Architecture-1975); University of Iowa (JD, with distinction-1977). Selected for inclusion in The Best Lawyers in America for construction law and litigation, ; Selected for inclusion in Chambers USA: America's Leading Lawyers for Business, Real Estate, 2014; Selected for inclusion in Colorado Super Lawyers published by 5280 magazine, ; Recognized as one of ten "Power Book" finalists for legal profession by Denver Business Journal, 2008 and Selected as member of the Transportation Committee for the Hickenlooper- Garcia gubernatorial transition team, Has written articles for construction industry publications over the years, including Engineering News-Record, Colorado Construction, Colorado Real Estate Journal, and On-Site, a publication of the Associated General Contractors of Colorado. Has spoken at industry conferences, including Executive Leadership Academy presented by Associated General Contractors of Colorado, and at the Sturm College of Law and the Franklin L. Burns School of Real Estate and Construction Management in the Daniels College of Business at the University of Denver. Citizenship Languages Locale United States of America English Denver, Colorado, United States of America Compensation Hearing: Study: Cancellation Period: Comment: $395.00/Hr $395.00/Hr 0 Days Includes all pre-hearing activities and conferences, resolution of pre-hearing disputes, study time, hearings, deliberations, award preparation, award modification and follow-up, including all communications with AAA. Charges actual out-of-pocket travel expenses with no mark up or per diem (eg., mileage, airfare, taxi, rental car, meals and lodging) only when outside Denver metro area. No charges for travel time and no cancellation fee. Offices in Denver, CO; Atlanta, GA; Chicago, IL; Dallas, TX; Kansas City, MO; Los Angeles, CA; New York, NY; Phoenix,

5 AZ; St. Louis, MO; Washington, D.C. and Wilmington, DE.