Areas of Focus


Construction


With more than 30 years of experience representing general contractors, subcontractors, material suppliers, property owners and developers, Brett has seen the full range of disputes arising from construction and is now effectively mediating these matters.

 These include:

  • Contract performance disputes arising between general contractors and subcontractors and material suppliers
  • Construction defect claims
  • Delay damage claims
  • Personal injury claims arising out of construction activities
  • Project payment and completion disputes including mechanic's lien and bond claims
  • Insurance-related construction disputes

Construction disputes are particularly well suited for early resolution through mediation. This often includes the possibility of resolution even before litigation is commenced.

Real Estate


Brett has extensive experience  both representing parties and mediating various commercial and residential real property disputes including the following:

  • Real estate seller failure to disclose
  • Boundary disputes
  • Easement claims
  • Real property lease (landlord tenant) disputes
  • Real estate broker liability claims

Conflict arising out of real property issues often involves a high degree of emotional involvement and mediation is often preferable for all involved as opposed to extended litigation. Brett’s experience in this area of law has given him the ability to work with the parties and counsel to identify the “true nature” of the dispute and help move the case towards a successful settlement. 

Personal Injury


Brett has more than thirty years of experience representing both the claimants and defendants in major personal injury cases. The nature of the cases range from minor slip and fall claims to wrongful death claims of more than $10,000,000. Having handled these cases from both perspectives provides tremendous insight. This includes the areas of liability evaluation, damage assessment and risk analysis that are present in every personal injury claim.

Examples of cases include claims arising out of the following:

  • Railroad operations or employment
  • Automobile and truck accidents
  • Construction site accidents
  • Industrial accidents and wrongful death
  • Industrial injuries and disease relating to alleged toxic substance exposures
  • Premises liability

Personal injury cases have one of the highest success rates of settlement in mediation. Often, early mediation can assist the parties, at a minimum, in identifying any necessary information that needs to be obtained and analyzed thereby setting the stage for successful mediation. Other times, early mediation results in an expedited and complete settlement that saves substantial time and financial resources.   

Transportation


While working as a litigator Brett handled hundreds of complex railroad industry personal injury (including wrongful death) lawsuits arising from the Federal Employer Liabilities Act (“FELA”), premises liability, and various other claims.  In addition, he has represented interstate trucking companies in personal injury matters including wrongful death.  This defense experience coupled with representing injured parties in major personal injury cases arising out of industrial and motor vehicle accidents is invaluable.  It provides a balanced and knowledgeable perspective in mediating liability and damages in these often-complicated cases.  

Examples of matters include:

  • Employee and third-party injury claims arising from toxic exposures (asbestos, solvents, diesel exhaust, etc.)
  • Traumatic and acute injury involving employees or third parties
  • Crossing and right of way accidents
  • Wrongful death  

Business Disputes


Having represented hundreds of businesses over the past three decades, Brett has handled a full range of business disputes from internal management and ownership conflicts to third party claims.  Frequently, these matters require the parties’ lawyers to analyze, in great detail, written agreements, forensic accounting, historical business practices, etc.  Likewise, as mediator, Brett understands the necessity to thoroughly understand the substance of the dispute and the respective positions of the parties.

The following is a summary of some representative matters:

  • Commercial breach of contract claims
  • Business ownership disputes
  • Compensation claims
  • Equipment lease disputes
  • Employment disputes including wage and hour

Business disputes often benefit from creative and novel solutions.  In addition, early mediation often results in substantial cost savings by limiting or eliminating the need for expensive expert testimony. 

Brett is available to mediate cases throughout the United States via Zoom or in person.