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Mediator, arbitrator and neutral evaluator;
Director, JAMS Global Engineering and Construction panel of neutrals.
As a mediator, Mr.Bruner has successfully mediated settlements of a variety of large and complex multi-party infrastructure, energy, engineering, construction and other commercial disputes among as many as 20 parties, and involving aggregate claims exceeding nine figures. For a representative list, see his CV at www.jamsadr.com under "neutrals" and at www.philbruner.com.
Evaluative, with focus on factual and legal differences in perceptions inhibiting settlement..
Mediator of disputes arising in the fields of national and international construction and engineering projects, including without limitation disputes and claims between and among public or private owners, architects, engineers (civil, geotechnical, mechanical, electrical, structural, acoustical, and other specialties), contractors, subcontractors, material suppliers and manufacturers, equipment suppliers and manufacturers, performance and payment bond sureties, guarantors, banks or financial lenders, insurers, inspectors, real estate developers, public procurement and private contracting representatives, building code and regulation enforcement officials, field inspectors and project and construction managers and others. My experience extends to all types of building, energy and infrastructure projects and problems above and below ground, and to related commercial transactions, including projects such as power plants, industrial manufacturing and processing plants, airports, hospitals, school buildings, high-rise office towers, public buildings, convention centers, courthouses, jails, prisons, hotels, theaters, sports arenas and stadiums, theme parks, residential apartments and condominiums, nuclear storage facilities, dams, levees, river locks and piers, harbor facilities, natural gas processing facilities, oil refineries, ethanol plants, above-ground and underground storage tanks, automobile manufacturing plants, computer chip manufacturing clean rooms, corporate headquarters buildings, research facilities, commercial malls, shopping centers, railroad facilities and trackage, waste-water treatment plants, sanitary and storm water pipelines, natural gas pipelines, water pipelines, pipeline materials made of concrete, steel, ductile iron, oil and polyvinyl chloride, large diameter and micro bore tunnels, hard and soft ground tunnels and supports, highways, bridges, concrete and asphalt mixing and testing, structural foundations, soil excavation and compaction, borrow pits, underground mining, open pit mining, strip mining, solar farms, wind farms, reinforced concrete structures, structural steel structures, roofing systems consisting of single ply, double ply or four ply built-up materials, structural shoring systems, curtain-wall systems, mechanical systems, electrical systems, masonry materials and structures, structural glass, caulking systems, construction equipment, and construction of the Trident class ballistic missile submarine.
Please contact my Case Manager:
Amanda Foster
JAMS
333 So. Seventh St.
Ste. 2550
Minneapolis, MN
T: +1 612-332-8225
F: +1 612-332-9887
afoster@jamsadr.com
◦Arbitrator, Mediator and Dispute Resolver; Director, JAMS Global Engineering and Construction Group Panel of Neutrals (2008- ).
◦Member, JAMS and JAMS International Panels of Neutrals.
◦Founding Fellow (1989- )and past President (2006-2007), The American College of Construction Lawyers; Past-Chair, ACCL Princeton Symposium (2006).
◦Honorary Fellow, The Canadian College of Construction Lawyers.
◦Fellow, International Academy of Construction Lawyers.
Certified Mediator, International Mediation Institute (The Hague).
◦Fellow, The American College of Civil Trial Mediators.
◦Member, National Academy of Distinguished Neutrals.
◦Fellow, College of Commercial Arbitrators.
◦Chartered Arbitrator and Fellow, Chartered Institute of Arbitrators (London)
◦Overseas Member, Britain's Society of Construction Arbitrators (London).
◦Member, London Court of International Arbitration.
◦Member of The Institute of Energy Law panel of arbitrators.
◦Member, International Chamber of Commerce U. S. National Arbitration and ADR Committee.
◦Member, Advisory Board of the Institute of Transnational Arbitration.
◦Fellow, The National Contract Management Association.
◦Life Fellow, The American Bar Foundation.
◦Recipient, 2011 Norman Royce Prize awarded by Britain's Society of Construction Arbitrators for authorship of the finest construction dispute resolution article of the year.
◦Recipient, 2005 Cornerstone Award presented to one lawyer annually by American Bar Association Forum on the Construction Industry for "exceptional service to the construction industry, the public and the legal profession".
◦Recognized in 2011 by The Construction Lawyer, the journal of the ABA Forum on the Construction Industry, as " a giant of our field".
◦Co-Author with Patrick J. O'Connor Jr. of BRUNER AND O'CONNOR ON CONSTRUCTION LAW (2002, supplemented annually), the 13 volume, 11,000 page American legal treatise cited by U.S. courts in over 500 judicial opinions.
◦Chair, Supreme Court of Minnesota Board of Continuing Legal Education (1994-1998).
◦Chair, American Bar Association Tort and Insurance Practice Section Fidelity and Surety Law Committee (1994-1995).
◦Chair, American Bar Association Forum on the Construction Industry International Construction Division (1989-1991).
◦Vice-Chair, Inter-Pacific Bar Association International Construction Projects Committee (1994-1996).
◦Chair, Construction Group Advisory Board, ThomsonReuters/WestGroup's Construction Contract Law Report.
◦Co-Chair, Editorial Advisory Board, Journal of The American College of Construction Lawyers.
◦Member, Editorial Advisory Board, The International Construction Law Review.
◦Member, American Bar Association, International Bar Association, Inter-Pacific Bar Association, Minnesota Bar Association and Wisconsin Bar Association.
◦Faculty Member, The Masters Institute In Construction Contracting (1992 - 2019).
◦Adjunct Professor, University of Minnesota Law School (2003 - 2007).
◦Adjunct Professor, William Mitchell College of Law (now Mitchell-Hamline College of Law) (1970 - 1976, 2006 - 2008).
Please contact my Case Manager:
Amanda Foster
JAMS
333 So. Seventh St.
Ste. 2550
Minneapolis, MN
T: +1 612-332-8225
F: 612-332-9887
afoster@jamsadr.com
Provided through JAMS and through extensive experience. See CV at www.jamsadr.com under "neutrals" and at www.philbruner.com
Formal Education: Bachelor of Arts Degree, Princeton University; Juris Doctor Degree, University of Michigan Law School; Master of Business Administration Degree, Syracuse University.
Mr. Bruner was an adjunct professor of law and founded and taught the Construction Law course at the University of Minnesota Law School (2003-2007), and at the William Mitchell College of Law (now Mitchell-Hamline law School) (2006-2008).
Mr. Bruner has chaired many professional conferences, has presented over 400 lectures to professional groups in North and South America, Europe, Asia, Australia and has made international presentations to conferences or law schools at locations such as Alnwick (England), Barcelona, Beijing, Calgary, Chicago, Cologne, Halifax, Hong Kong, Istanbul, Kuala Lumpur, London, Los Angeles, Manila, Melbourne, Miami, Minneapolis, New Delhi, New York, Nice, Patiala (India), Princeton, Quebec City, San Francisco, Sao Paulo, Singapore, Stuttgart, Tokyo, Toronto, Vancouver, Warsaw and Washington DC.
Co-Author, with Patrick J. O’Connor Jr., of BRUNER AND O'CONNOR ON CONSTRUCTION LAW (2002, supplemented annually), the 13 volume, 11,000 page legal treatise regarded as the most authoritative ever written on American law governing construction. Since its publication in 2002, the treatise has been cited in more than 500 Westlaw published judicial opinions issued by U.S. Circuit Courts of Appeal, U.S. District Courts, state supreme, appellate and trial courts, U.S. and state courts of claims, and U.S. Commonwealth and Territorial Courts, as well as in countless arbitration awards, national and international law review articles, administrative decisions, counsel briefs, and memoranda of law. The treatise is included in the law collections of the U.S. Library of Congress, all major U.S. law school libraries and many foreign law libraries.
In addition to his co-authorship of the BRUNER AND O'CONNOR treatise, Mr. Bruner has authored or co-authored more than 70 professional articles over the past 40 years. Recent articles include Construction Law: Its Historical Origins and Its Twentieth Century Emergence as a Major Field of Modern American and International Practice, 75:2 Arkansas L. Rev. 207 (2022); Joinder of Nonsignatories in International Arbitration, 38 Int'l Construction L. Rev. 266 (July 2021); Damage Recovery Measurement Issues Unique to Construction Disputes, 36 Int'l Construction L. Rev. 320 (Fall 2019); Streamlining Construction Arbitration: Reducing the Peril of “Double Jeopardy” in Dual Track Proceedings, 38 Construction Lawyer 7 (Fall 2018); , The Appeal of Appellate Arbitration,35 Int’l Construction L. Rev 436 (Fall 2018); Evaluative Mediation of Complex Construction Disputes, 22 Singapore Construction Law 1 (January/February 2014); Mediating Public Sector Construction Disputes in the United States: "Square Corners", "No Free Lunch" and Principles of Fairness, 30 Int'l Construction L. Rev. 201 (April 2013); Why Arbitrate?,1 Court of Arbitration Lewiatan E-Review 8 (2012); Construction Mediation: Pick a Mediator with Experience in Dealing with Construction Industry Participants' Differences in Outlook, 11 The Dispute Resolver 1 (Dec. 2012): Rapid Resolution ADR, 31 Construction Lawyer 6 (Spring 2011); The Initial Decision maker: The New Independent Dispute Resolver in American Private Building Contracts, 27 Int'l Construction L. Rev. 375 (July 2010); Global Construction ADR: Meeting an Industry's Demand for Specialized Expertise, Innovation and Efficiency, (2009) 69 J.C.C.C.L; The Historical Emergence of Construction Law, 34 William Mitchell L. Rev. 1 (2007); The Construction Review, Construction Briefings Series (1983 - 2008); Strategic Generalship of the Complex Surety Case, in MANAGING AND LITIGATING THE COMPLEX SURETY CASE (Bruner and Haley, eds., 2007); Lender Liability in Construction Financing, Construction Briefings (2003); Risk Allocation Under Concept of 'Control' as Basis for Liability and Exculpation, 24 Construction Litigation Reporter 3 (2003); and, Force Majeure and Unforeseen Ground Conditions in the New Millennium: Unifying Principles and 'Tales of Iron Wars'", 17 Int'l Construction L. Rev. 47 (January 2000).
JAMS Mediators Ethics Guidelines.
IMI Professional Conduct Assessment Process.
Provided through JAMS.