Insight Center: Events

Construction SuperConference 2014

Speakers: Albert Bates Jr., Ira M. Schulman, Bruce W. Ficken, Raymond L. DeLuca and Kenneth I. Levin


Construction SuperConference 2014
December 1-3, 2014
Encore Resort at Wynn
Las Vegas, NV

Pepper Hamilton is proud to continue our sponsorship of the Construction SuperConference which is now in its 29th year. This conference is recognized as the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets. Impactful plenary sessions and compelling panel discussions from top legal, consulting, and leaders of construction companies bring to the forefront challenging issues and new insights into the legal, business, and economic challenges and opportunities in today’s construction industry.

Pepper Hamilton is sponsoring the opening keynote and the following attorneys will be speaking on December 2:

Opening Keynote — When Cities Lead: The Los Angeles Experience
8:00-9:15 AM

Antonio R. Villaraigosa, 41st Mayor of Los Angeles

During his two terms as Mayor of the City of Los Angeles from 2005-2013, Mr. Villaraigosa spearheaded major strides in transportation and infrastructure improvements, energy and resource sustainability, business development and education reform. Mr. Villaraigosa will address the following topics: The recession's impact on Los Angeles economy and central industry. Developing and maintaining infrastructure in a recessive environment. Maintaining a long-term view during a short term crisis and lessons learned for long-term infrastructure development.

Retooling Arbitration for Mega Project Construction Claims 
9:30 AM-10:45 AM

Albert Bates, Jr., Esq., Duane Morris LLP (joined Pepper Hamilton in April 2016)
Dr. Patricia Galloway, President & CEO, Pegasus Global Holdings
Michael R. Powell, Vice President, American Arbitration Association
Jim Tedjeske, Vice President - Legal,  Kvaerner North American Construction Inc.
Edward W. Diggs, Senior Counsel and Manager of Claims, Bechtel Corporation, Oil, Gas & Chemical

Expectations are changing and parties are demanding an even more efficient arbitration process, especially when it comes to claims arising from mega projects. These nationally recognized construction arbitration experts, including neutrals, in-house counsel, advocates, and arbitrator providers, share best practices for mega project disputes and insider tips to rein in the costs of arbitration.

Upon completion of this session, attendees will be able to:

  • Construct a better arbitration clause and utilize the preliminary management hearing to minimize pre-hearing, evidentiary hearing and post-hearing issues.
  • Optimize the arbitrator selection process for mega project claims, especially when multi-state or international parties are involved.
  • Work with the arbitrator(s) to set realistic timelines and address what it takes to ensure compliance.

Advocacy in Construction Disputes: Litigating Delay and Disruption Claims
10:15-11:30 AM

Ira Schulman, Partner, Pepper Hamilton LLP

Adrian Bastianelli, Partner, Peckar & Abramson
Bruce Ficken, Partner, Pepper Hamilton LLP
John Heisse, Partner, Pillsburg Winthrop Shaw Pittman, LLP
H. James Wulfsberg, Senior Principal, Wulfsberg Reese & Colvig

2013 marked the first Construction Superconference program, Advocacy in Construction Disputes. Presented by a panel representing more than a century of trial experience, this "how to" yet insightful program was enthusiastically received by younger and experienced professionals alike. 2014 marks the second in this series of programs on Advocacy in Construction Disputes. This year's program will focus on the most frequently litigated issues in our industry: delay and disruption. This distinguished panel will address questions like: Why must delay theory be so esoteric, and how can it be made understandable if not simple? What are typical mistakes by delay experts and how best does one exploit them? The advocate must be very credible. But how does that translate in delay and disruption litigation? How expert must your fact witnesses be? Where is a schedule a piece of evidence/a construction document/an admission/record of job activities, and how are schedule best utilized in each category? When is a delay expert a fact witness and how can that impact your presentation? When a trial can be won on Voir Dire?

Upon completion of this session, attendees will be able to:

  • understand trial tactics
  • understand strategies in delay/disruption litigation
  • understand and learn skills training in the context of delay disruption litigation.

Navigating Construction Failures Panel
2:30-3:45 PM

W. Stephen Dale, Associate General Counsel – Litigation, Parsons Brinkerhoff
Raymond DeLuca, Partner, Pepper Hamilton LLP
Otto C. Guedelhoefer, Principal, Raths, Raths & Johnson, Inc.
Kenneth I. Levin, Partner, Pepper Hamilton LLP

Construction failures run the gamut from the catastrophic building collapse to the more common water intrusion case. Regardless of the nature of the failure, how an entity reacts to and manages a failure can impact its costs, liabilities and risks going forward. This session focuses on issues commonly encountered after a construction failure. Topics will include: early investigation, evidence preservation, coordination with OSHA, insurance, legal bases of liability, and proposing the fix.

Upon completion of this session attendees will be able to understand:

  • how to respond during the first hours or days after a catastrophic failure
  • bases of liability and defenses of key construction participants
  • strategies for working with experts
  • benefits and risks of proposing the fix.

For more information about the Construction SuperConference, please visit http://www.constructionsuperconference.com/.