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Contact Information

500 Capitol Mall, 18th Floor

Sacramento, CA 95814

916.325.4544

roc@mhalaw.com

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Practice Group Leader

Construction

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Robert O’Connor | Construction Mediator

Professional Experience

Bob has been a construction lawyer for more than 34 years. He specializes in construction law and litigation and alternative dispute resolution of construction disputes. As an advocate, Bob has represented owners, general contractors, subcontractors, suppliers, sureties, and design professionals in connection with a wide variety of public works and private construction projects. As an ADR provider, he focuses exclusively on the mediation and arbitration of construction disputes. He has been a speaker on various construction law and alternative dispute resolution topics for the California Continuing Education of the Bar, the American Arbitration Association, the Associated General Contractors of California, the Associated Builders and Contractors, and the County Counsels’ Association of California.

Alternative Dispute Resolution Qualifications

Bob has been an active mediator and arbitrator of construction disputes for more than 15 years. He is a member of the panel of construction mediators of the American Arbitration Association and the AAA’s Large Complex Case Panel. He has completed the Association of Attorney Mediators’ mediator training program and various advanced arbitrator training programs sponsored by the American Arbitration Association.

Representative Mediation Experience

Successfully mediated multi-party construction claims and disputes arising from construction of school projects, including disputed change orders, delay and disruption, extended overhead, and prompt payment penalty claims and defective work and liquidated damages counterclaims.

Successfully mediated differing site condition claim by contractor against city on sewer pipeline project.

Successfully mediated extra work claims and defective work disputes between developer and prime contractor arising from private construction project.

Successfully mediated disputes between surety for insolvent subcontractor, prime contractor, and prime contractor’s surety arising from construction of multi-story downtown parking garage, including disputes relating to project delays, alleged fraudulent misrepresentations, and alleged exoneration of bond.

Successfully mediated claims by contractor against County arising from road improvement project.

Successfully mediated claims by contractor against County arising from airport project.

Successfully mediated disputes between drywall subcontractor and prime contractor arising from school construction project.

Successfully mediated disputes between design professional and school district.

Successfully mediated disputes between prime contractor and re-bar subcontractor arising from Caltrans bridge project.

Successfully mediated fraud claim by fire protection subcontractor against prime contractor arising from construction project at Air Force base.

Mediation Philosophy

Bob confines his mediation practice to construction disputes, which is where he can truly bring his experience and expertise to bear during the mediation process. Three key points drive Bob’s approach to mediation: (1) respect for the ultimate right of the parties to control the process and the outcome; (2) willingness to provide realistic, direct and candid feedback to each of the parties regarding the strengths and weaknesses of their positions; and (3) recognition of the paramount importance of maintaining the confidentiality of the private caucusing process.

References

Lee Perry

Bardellini Bardellini, Straw, Cavin & Bupp LLP

2000 Crow Canyon Place, Suite 330

San Ramon, CA 94583

925 277-3580

Darrell F. Champion

Damrell Nelson Schrimp Pallios Pacher & Silva

1601 I Street, Fifth Floor

Modesto, CA 95354

209 526-3500

James D. Curran
Donald J. Colucci

Wolkin Curran, LLP

555 Montgomery Street, Suite 1100

San Francisco, CA 94111

415 982-9390

Eileen M. Diepenbrock

Chris A. McCandless

Diepenbrock Harrison

400 Capitol Mall, Suite 1800

Sacramento, CA 95814

916 446-4469

John H. Dodds
Ray C. Thompson

Office of County Counsel

700 H Street, #2650

Sacramento, CA 95814

916 874-5544

Patrick A. Gunn

Atkinson, Andelson, Loya, Ruud & Romo

5776 Stoneridge Road, Suite 200

Pleasanton, CA 94558

925 227-9200

Janette G. Leonidou

Leonidou & Rosin

777 Cuesta Drive, Suite 200

Mountain View, CA 94040

650 691-2888

Timothy L. McInerney

McInerney & Dillon

1999 Harrison Street, #1700

Oakland, CA 94612

510 465-7100

William L. Porter

Porter & Associates

7801 Folsom Blvd., Suite 350

Sacramento, CA 95826

916 381-2868

Michael W. Pott
Chad S. Tapp

Porter Scott

350 University Avenue, Suite 200

Sacramento, CA 95825

916 929-1482

D. Michael Schoenfeld
Kenneth I. Schumaker

Murphy Austin Adams Schoenfeld LLP

304 “S” Street

Sacramento, CA 95811-6906

916 446-2300

Michael Willcoxon

The DeSilva Group, Inc.

11555 Dublin Blvd., Suite 201

Dublin, CA 94568 9

25 803-4277

 

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Admitted to Practice

State Bar of California, 1980

State Bar of Oregon, 1975

United States District Court, District of Oregon

United States District Court, Eastern and Northern Districts of California

United States Court of Appeals, Ninth Circuit

United States Court of Federal Claims

Education

University of Oregon School of Law

J.D., 1975

Comments Editor, Oregon Law Review

Order of the Coif

University of California, Santa Barbara

B.A., with Highest Honors, History and Anthropology, 1972

Phi Beta Kappa

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