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Developing Sustainability Strategies – Writing Your Future History
E. Mitchell Swann MDCSystems® Consulting Engineer May 2011 Yup, yet another "sustainability"...
The Use of Technical Experts as Neutrals in ADR for Complex Construction Disputes
E. Mitchell Swann, P.E.
MDC Systems®
Consulting Engineer
A hot topic in the world of ADR (Alternative Dispute Resolution) is the extent to which ‘neutrals’ should be qualified and what type of qualifications they should have. Often, the first reaction is that the neutral should have legal training as their predominant skill and some experience with the subject matter of the case. As part of the program at the American Bar Association’s ADR Section Meeting in Los Angeles in April 2005, MDC Systems®, along with the other contributors to this article, discussed the use of technical experts as neutrals in ADR proceedings. Below is a summary of the key issues, ideas and opinions addressed and presented by the panel. The panelists come from varied backgrounds but all have participated in ADR proceedings in one form or another.
The Project is Flat -Technology Blurs the Lines & Sharpens the Edge
Anyone who has read Thomas Friedman’s “The World Is Flat” might glean an idea of where this article is going right away. If you haven’t read the book, it is a good one. About 2 years ago MDC Systems® presented at the London Construction Superconference on some of the benefits, challenges and issue associated with the use of 3D and 4D modeling technologies in the design, documentation and delivery of capital projects. Since that time, there have been even more developments – not just in the nature of the technology, but also in the level of accessibility or breadth of application. This expanded modeling regimen has come to be called Building Information Modeling or BIM.
Construction Defaults: The Need for Expert Advice
A construction project in default is an emotionally charged situation, with many parties exposed and a lot of money at risk. The owner’s use of the facility will be delayed. The contractor’s work on the project and perhaps years in business may come to an end. The designer’s envisioned project is on hold. The surety faces an uncertain exposure.