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Thomas H. Welby



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United States - NY
English
Mediation Profile

Thomas H. Welby is a Partner at Welby, Brady & Greenblatt, LLP where he provides counsel on all aspects of construction law including contract disputes, public bidding, mechanic’s liens and construction claims. He represents general contractors, subcontractors, owners, developers, sureties, suppliers and engineers in transactional matters as well as the prosecution and defense of claims in litigation, arbitration and mediation. 
Prior to working in construction law, Mr. Welby gained extensive experience in the construction industry as a consultant, field superintendent, design engineer, estimator and executive at various contracting and engineering firms. He is a Registered Professional Engineer in the states of New York and New Jersey (now inactive) as well as an Adjunct Professor of Civil Engineering at Manhattan College and Adjunct Professor of Law at Pace University School of Law. 

Mr. Welby is admitted to practice law in the states of New York and Connecticut, the United States District Court for the Eastern, Southern and Northern Districts of New York, the United States District Court of Connecticut, the United States Court of Appeals for the Second and Federal Circuits and the United States Supreme Court.

He is a member of numerous professional associations. He served as Chair of the Committee on Construction Law for the Westchester County Bar Association. Mr. Welby has been recognized by the New York Times’ Super Lawyers and New York Magazine’s Best Lawyers on multiple occasions.
Mr. Welby received his Bachelor of Engineering degree in Civil Engineering from Manhattan College and his Master of Science degree in Geotechnical and Structural Engineering from New York University. He continued his education by receiving a Master of Business Administration degree from New Mexico Highlands University and a second Master of Science degree in Civil Engineering from the Polytechnic Institute of New York. Mr. Welby received his Juris Doctor from Pace University.

Has mediated over 60 construction cases: nineteen between private owners and contractors, seven between public owners and contractors, eleven between contractors and sub-contractors, nine between owners and architects/engineers, two between contractors and architects/engineers, two between owners and construction managers, and two between contractors and suppliers. These cases included building projects (commercial, institutional, multi-unit residential), pile foundations, highway construction, tank farms, etc. Disputes ranged from over $10 million to $100 thousand or less.
Representative Issues Handled as a Mediator - Served as a mediator of claims that included: claims of malpractice by a design/builder against its architect/subcontractor on a variety of projects for the New York state City School Construction Authority; claims by a building owner against a contractor and engineer for the negligent design and construction of the foundation for a waterfront property; performance issues between a municipality and a public works contractor regarding the construction of a town swimming pool complex; negligence claims by a homeowner against an architect/construction manager regarding the renovation of an historic mansion; a performance dispute between a general contractor and homeowner; warranty disputes between a general building contractor and a national retail chain concerning the failure of performance of a roof system; the valuation of change orders; the interpretation of mechanical specifications for the capping of a land fill; an accounting between an owner and a construction manager on a $60 million cost plus contract; a wrongful termination claim between a contractor and a fire district; the reasonableness of excess completion costs; delay claims.
Has represented clients in over twenty significant mediations, most of which resulted in settlement. Disputes ranged from $1M to over $20M. Issues: changed conditions, wrongful termination, delay claims, etc.

Mediation is essential to the construction industry. Every project gives rise to disagreements that should be resolved fairly and efficiently. Experience has taught me that even the largest, most complicated and intractable disputes can be completely resolved, or substantially reduced in scope, in a day or two of mediation, under the proper circumstances. Those circumstances include the full participation by principals who are knowledgeable of the underlying facts and authorized to enter into binding settlement agreements. Attorneys who are successful in mediation know well their value to their clients as thoroughly prepared advocates, setting aside the litigation mode during the mediation conference. They are comfortable encouraging their clients to speak for themselves, after marshalling the facts and advising on the law. The mediator should always remember that every aspect of the process is voluntary and party-driven. The parties should be motivated by the mediator to move in the direction of settlement, each out of self-interest. The mediator should be both a facilitator and an evaluator. But evaluations must be fair and honest, not heavy-handed. Preparation is key to a successful mediation. The parties, their counsel and the mediator must be thoroughly familiar with the pertinent project documents, schedules, project financials, etc. It is the responsibility of the mediator to get everyone prepared for the unique opportunity to settle the dispute.
Construction

$375.00 per hour. Hourly rate for mediation/conference and study time. Cancellation Policy: 4 hours charged if less than 48 hours' notice; 8 hours charged if less than 24 hours notice. No charges for local travel.

National Society of Professional Engineers; American Bar Association (Forum on the Construction Industry); New York State Bar Association; Construction Industry Council; Westchester County Bar Association (Construction Law Committee, Founder and Past Chairman).

Thomas J. Rossi, [email protected], (718) 428-9180; Michael L. Chartan, Esq., [email protected], (212) 895-2830; Lee M. Tesser, Esq., [email protected], (201) 343-1100.

Training and Education

Faculty, AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009; Presenter, AAA Advanced Mediator Training, 2009; AAA Construction Conference: ADR Works, 2008; ABA section of Dispute Resolution, Organizing the Construction Case for Mediation, 2007; NYS Bar Association, Dispute Resolution Section, Arbitration and Mediation Program, 11/08; Presenter, Association of the Bar of the City of New York "Mediating Disputes in the Construction Industry", 12/04; Presenter, Pace University School of Law "Ethics in Mediation for Neutrals and advocates", 11/04; AAA "Ethics and ADR, 3/02; Presenter, Westchester County Bar Association "Effective Advocacy in Mediation and Arbitration", 5/00; AAA Mediation Training, 5/91.

As an Adjunct professor of Civil Engineering at Manhattan College from 1979 to 2007, and an Adjunct Professor of Law at Pace University from 2007 to the present, Mr. Welby has written and taught several courses including Engineering Practice, Construction Management, Engineering Economy, Legal Issues in Design and Construction and Construction Law.

In addition, he has been a frequent lecturer before the American Arbitration Association, the Construction Industry Council, the Westchester County Bar Association, Lorman Educational Services, and others, presenting such topics as:

- Legal Issues for Those Responsible for Safety on Construction Sites
- Engineering Ethics
- Differing Site Condition Claims
- The Scaffold Law, What it is, What its Not, and Why all Gravity-Related Accidents are Not Hopeless
- Maximizing ADR Advocacy for Today's Economy
- Wicks Law Amendments & Construction Litigation
- Legal & Ethical Issues for NY Professional Engineers & Land Surveyors
- The West-Far Decision, a Decade Later
- Alternative Dispute Update
- Change Orders In New York
- Public Contracts & Procurement Regulations in New York
- Overview of Residential Real Estate and Construction Law
- Managing Change Orders 
- Change Orders in New York
- Optimizing the Hearing in Arbitration
- Understanding OSHA: Compliance, Inspections, Citations & Resolution
- Building Tomorrow's Schools Without Turmoil & Problems
- Ethics in Mediation for Neutrals & Advocates
- Mediation of Disputes in the Construction Industry - Effective Techniques & Srategies
- What They Didn't Teach You in Law School: The Nuts and Bolts of Running a Successful Law Practice
- ADR: Resolving Commercial, Employment & Construction Law Disputes through Arbitration, Mediation & Negotiation
- Construction Claims
- Mediation: A Powerful Tool to Resolve Construction Contract Disputes
- New York Construction Lien Law
- Construction Law: Can this Job be Saved?
- Effective Advocacy in Mediation

Publications

Two “Serious” Violations Upheld Against Underpinning Subcontractor, Construction News, 8/25/09
Eighth Circuit Adopts Broad View of General Contractor’s Duty to Protect Subcontractors’ Employees, Construction News, 5/13/09
OSHA Publishes Long-Awaited Proposed Rule on Cranes and Derricks, Construction News, 11/14/08
Protecting the Highway Work Zone at Night, Construction News, 4/11/08
Connecticut Joins Trend Requiring 10-hour OSHA Safety Training for Workers on Some Public Projects, Construction News, 7/11/07
"Confined Space", Hazards in Construction, Construction News, 3/1/07
Under-Appreciated Dangers in Demolition Operation, Construction News, 1/31/07
OSHA Liability for Employees' Failure to Use Seat Belts, Construction News, 2/3/06
Lessons fronm OSHA Cases Concerning Excavation Hazards, Construction News, 10/17/;05
Contractors' and Subcontractors' Liability Under OSHA's "Multi-Employer Doctrine", Construction News, 5/5/05
Dont Get Burned by OSHA's General Duty Clause, Construction News, 3/5/05
Unpreventable Employee Misconduct, Construction News, 7/14/04
Important Changes to the 1997 AIA Contract Documents, Construction News, 1998
High Court K.O.'s Pay-if-Paid Clause, Construction News, 1996

Compliance

AAA/ABA/ACR Model Standards of Conduct for Mediators

IMI Professional Conduct Assessment Process

American Guarantee & Liability Insurance Company (Zurich), with a limit of liability of $2,000,000.

Contact
Thomas H.
Welby
Thomas H. Welby
+01-212-484-4181
+01-212-246-7274
Partner
Welby, Brady & Greenblatt LLP
American Arbitration Association
120 Broadway, 21st Floor
New York
10271
United States