Alternative Dispute Resolution

Randall L. Erickson            

Expertise

 

 

Arbitrator and Mediator Curriculum Vitae

Randall L. Erickson, Esq.

 

Current Employer/Title

Crowell & Moring LLP

Administrative Partner, Irvine Office

Co-Chair, Firm Construction Practice Group

3 Park Plaza, 20th Floor

Irvine, California 92614

949.263.8400 (Telephone)

949.212.1195 (Mobile)

Profession

Administrative Partner and Construction Practice Group Co-Chair

Advocate – Construction, Environmental, Government Contracts
Mediator/Arbitrator – Construction, Commercial, Environmental, Government

Contracts

Education

Duke University School of Law, Durham, North Carolina, Juris Doctor, 1971

Research Editor, Duke Law Journal

University of Wisconsin, Madison, Wisconsin, Bachelor of Science, English, 1965

Military

Infantry Platoon and Company Commander, United States Marine Corps (1965-1968), decorated for combat action in Vietnam.  Retired Lieutenant Colonel USMCR.

Work History

Law Clerk, Honorable O.D. Hamlin, U.S. Court of Appeals, Ninth Circuit, 1971-1972

Thelen, Marrin, Johnson & Bridges, 1971-1992; Managing Partner,

Orange County Office, 1980 - 1992

Professional Licenses

Licensed to practice in California, Wisconsin and various Federal Courts

Awards and Honors

Who’s Who Legal, The International Who’s Who of Business Lawyers 2005

AGC of California, Associate Achievement Award, 1998

Experience

Successfully mediated over 30 disputes

Representative Cases Handled as Arbitrator

 

In 2008, served for 10 weeks in Las Vegas, Nevada on a three member arbitration panel hearing a dispute between Clark County and A.F. Construction/Fireman's Fund.  The dispute concerned the construction of the Clark County Regional Justice Center, a project that was completed 4 years late and tens of millions of dollars over budget.  The Panel issued a 195 page, $52M reasoned award to the contractor and its bonding company.

 

Several disputes between Clark County, Nevada (Las Vegas) and various contractors concerning the design and construction of three expansions of McCarran Airport, a highway bypass, a flood control channel, a detention center and a Criminal Justice center

 

Myriad arbitrations between several different residential home builders and purchasers/homeowners associations for said developments

 

Dispute between a large international contractor and a private developer of an alternative energy site in the Salton Sea

 

Dispute between the structural steel erector and its fabricator for the San Diego Padres Ballpark, PETCO facility

 

Claim by contractor for delay and excess costs associated with the construction of a river boat gambling casino along the Missouri River in Council Bluffs, Iowa

 

Claim by a developer against a maritime contractor in connection with the expansion of a marina at Lake Arrowhead, CA

Several claims by the franchisor of several retail stores against the contractor for delay and cost overruns

Claims by the lender for negligent construction against the EPC contractor on two fossil fuel facilities

Representative Cases Handled as Mediator
Two matters referenced with the parties’ permission

County of San Bernardino, et. Al. v. Arlon Shreve, et al.

This was a complex mediation lasting over two years.  Sixty contractors and/or truckers had, for some time, been dumping road construction detritus at an unpermitted site without incident until they also began to dump organics, which ultimately caught fire.  The resultant smoke cloud necessitated the closure of the Cajon Pass.  The County of San Bernardino was the lead agency pursuing the landowner and the sixty defendants.  Also involved were the Office of the Attorney General, U.S. Army Corps of Engineers, Air Quality Management District, California Regional Water Quality Control Board, California Integrated Waste Management Board, San Bernardino County Flood Control, U.S. Fish & Wildlife Service, San Bernardino Environmental Health Service, San Bernardino Fire Department, and the California Department of Fish and Game.  Negotiations were extremely complicated due to the fact that several of these agencies had their own competing agenda, which involved mini-mediations on those issues.

Valley Engineering v. City of Vernon

This dispute involved a claim by a contractor for delay and extra costs.  The City cross-complained under the California False Claims Act.  The case was high profile (see attached article).  When the city audited the contractor's books, it learned that, not only had the contractor not overcharged, it had actually billed the City for less than it had earned.  The City then asserted the novel concept that the claim was, nevertheless, false.

Construction alleged inefficiencies, mismanagement and delays dispute involving the construction of various high schools and middle schools.

Three Franchise/Franchisee disputes involving a large national franchisor

Construction dispute involving claims for delay and disruption in construction of a 150 mile pipeline

Construction dispute for residential defect regarding concrete/sulphate reaction issue

Real Estate Transaction dispute regarding interpretation of real estate conveyance documents and related disclosure issues

Construction defect dispute regarding claim for extra costs and cross-complaint for construction defect in a large housing tract

Insurance Coverage dispute involving construction of luxury condominiums

Several disputes between contractors and CALTRANS involving alleged defects in roadway construction which involved interpretation of certain CALTRANS specifications

Construction disputes regarding claim for environmental remediation of a Brownfield’s site

Construction dispute regarding delay and extra cost claims in freeway construction in San Diego

Construction dispute regarding sufficiency and timeliness of owner furnished mechanical equipment

Construction dispute regarding claim for delay and disruption in airport construction

Construction dispute regarding construction of professional hockey arena in Nashville, Tennessee

Construction dispute regarding claim for alleged defects in specialty garage doors in a 100 unit condominium complex

Dispute with Municipality regarding a developer’s entitlements for construction of a high rise office building

Breach of Contract dispute regarding scope of work on a sports park complex

Construction dispute regarding delays and cross-claim for defects regarding construction of a church

Dispute among joint venturers concerning their respective rights and obligations

vis-à-vis a mixed use development

Dispute regarding interpretation of land sales contract

Engineering specification dispute regarding a manufacturing plant

Dispute regarding swimming pool construction

Dispute regarding residential construction claim for extra costs associated with ground water contamination

Dispute regarding golf course construction

Dispute regarding land development issues in mixed use project

Construction dispute regarding claims for delay, acceleration and extra costs with cross claim for defective construction of a large hospital complex

Alternative Dispute Resolution Related Training

· ABA Forum on the Construction Industry Annual Meeting, May 2006

· Dispute Resolution Board Foundation - The 2006 DRB Administration & Practice Workshops Administered in Conjunction with Caltrans, April 2006

· American Arbitration Association - Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, November 2005

· American Arbitration Association Neutrals Conference, October 2004

· ABA, Forum on the Construction Industry, January 2004

· Andrews Conferences, Inc., The Construction Superconference, December 2004

· Andrews Conferences, Inc., The Construction Superconference, December 2003

· Andrews Conferences, Inc., The Construction Superconference, December 2002

· Andrews Conferences, Inc., Superconference, December 2002

· AAA, Arbitrator II Workshop, November, 2002

· AGC, Legal Advisory Report, September 2002

· ABA, Forum on Construction Industry, January 2001

· State Bar of California, Urban Storm Water Mitigation, October, 2000

· AAA, Mediator Conference, September 2000

· State Bar of California, Environmental Law Conference, October 1999

· AAA, Mediation Week Conference, March 1999
OCBA, Accounting Issues for the Construction Law Practitioner, February 1999

· Paul, Hastings, Janofsky & Walker LLP, The Big Ones:  Pursuing and Resisting Large Damage Verdicts, California, February 1999

· AGC, Construction Claims Evaluation and Resolution, California, January 1999 Andrews Conferences, Inc., The Construction Superconference, and December 1998
San Diego Mediation Center, Legal Update:  The New California Mediation Law, California, and February 1998

· AAA, ADR 1997 Case Law/Statute Developments, California, January 1998 AAA, Case Law & Statutes re:  Arbitration, California, January 1998

· AGC, Update & Changes in Form A201, December 1997

· AAA, Advanced Mediation Construction Workshop, December 1997 OCBA, 7th Annual Construction Law Symposium, November, 1997

· State Bar of California, 1997

· Environmental Law Institute, October 1997;

· AGC, Fourteenth Annual Legal Retreat, September 1997

· AAA Construction Industry Arbitrator Training Workshop, May 1997

· AAA Orange County Symposium; AGC, Attempting to Compel Surety to Arbitration Construction Disputes, March 1997

· AAA Large Complex Case Program, Summer Conference, July 1995

 

Professional Associations

American Bar Association

Past Vice-Chairman of the Construction Claims Division of the Public Contract Law Section

Commercial Banking and Litigation Sections

Federal Bar Association, Orange County Chapter

Former Board of Directors Member

Orange County Bar Association

Construction Law Section

Business Litigation Section

American Arbitration Association

Mediator/Arbitrator, Lecturer

Member of California Advisory Committee

Large and Complex Case Project

Dispute Resolution Board Foundation

Member

Associated General Contractors of California

Legal Advisory Committee (Past Chairman)

Legislative Committee

Joint Engineering Committee

AGC Legal Seminar, Chairman 1992

Orange County Board of Directors of AGC

Association of Business Trial Lawyers

Orange County Chapter, Founding Member

Continuing Education of the Bar

Lecturer

Commodities Future Trading Association

Arbitrator