James T. Guyer

James T. Guyer

James T. Guyer

James T. Guyer is a graduate of Georgia Institute of Technology, Civil Engineering with a Masters of Laws, focused in International Dispute Resolution from the University of London.

He has been an active member on Dispute Resolution Boards for over ten (10) years and has been an active mediator and construction arbitrator for over twenty (20) years, having served on numerous and diverse arbitrations and DRBs both as the Chair or member.

He has been a member in good standing on the American Arbitration Association’s (AAA) ® Roster of Arbitrators and Mediators since 1990, a Dispute Resolution Board Foundation member since 2002 with a focus on avoiding, preventing and the resolution of disputes in real time, a Fellow Member of Chartered Institute of Arbitrators (FCIArb) since 2013, and a Florida licensed Professional Engineer.

His project-management work experience comprises thirty-five (35) years of Construction and Engineering experience, about 75% of the experience in construction and about 25% in engineering and design.

His experience includes, construction worker in Florida. Managed the construction of roadways, bridges, piling, weigh-in-motion, natural gas pipelines and compressor stations take-or-pay contracts, marine structures, piling, buildings, civil projects, dredge cuts/fills, beach restoration, estimating, bidding, CPM schedule, surveys, maps, blueprints, bonds, surety, geological, soils analysis, environmental, plans/specs/masonry, stucco, painting, steel erection, concrete, rebar, asphalt, roofing, walls, plumbing, HVAC, security, site work, drainage, employment contracts.

Contracts Engineer, Right-of-Way acquisition, developing contract documents, investigating, negotiating and processing construction claims, modernized the State of Florida Fuel Factors Index, confidentiality/non competition/non solicitation bid review evaluations, cost estimate quality control reviews, analyzing construction cost trends.

Litigation support, expert witness, claim consultation, consultation for litigation threshold assessments.
Arbitrator, Dispute Resolution Board Member, Expert Determinations, Executive
Appraisals, Neutral Listener, Neutral Advisor, and Expert Evaluation.

Experience:

CONSTRUCTION: Construction worker Florida. Managed the construction of roadways, bridges, natural gas pipelines and compressor stations, marine structures, piling, weigh-inmotion (WIM), take-or-pay contracts, civil projects, dredge cuts/fills, beach restoration, estimating, bidding, CPM schedule, surveys, maps, blueprints, bonds, surety, geological, soils analysis, environmental, plans/specs/masonry, stucco, painting, steel erection, concrete, rebar, asphalt, roofing, walls, plumbing, HVAC, security, site work, drainage, employment contracts.

Contracts Engineer, Right-of-Way acquisition, developing contract documents, investigating, negotiating and processing construction claims, modernized the State of Florida Fuel Factors Index, confidentiality/non competition/non solicitation bid review evaluations, cost estimate quality control reviews, analyzing construction cost trends, litigation support, expert witness, claim consultation, consultation for litigation threshold assessments.

ENERGY: General contract, contract, general/supplemental conditions, fixed cost, stipulated sum, cost plus, unit price, line item, incentive/disincentive/ bonuses/ liquidated damages, scheduling, environmental, Natural gas transmission interstate lines, compressor stations, conflicts, take-or-pay contracts, network transmission capacity analysis.

Expert Witness, Construction Claims Consultation, Litigation Support: Primarily heavy civil construction, though not exclusively: Liquidated damages reimbursement, CPM scheduling delay analysis and concurrent delay, extended general and field conditions, wrongful termination, changed conditions, modified total cost claims, loss of productivity, inefficiencies, acceleration, unforeseen conditions, differing site conditions, inaccurate soil borings, contract language interpretation, extra work, alleged defective/incomplete construction, project access interference, maladministration, nonpayment, lost revenue and lost profits, warranty issues, design errors, pre-judgment interest, conflicting contract language, cost to complete, sole-source spec issues.

Alternative Dispute Resolution:

Active arbitration chairperson and panelist since 1990, documents only, mediator, Dispute Resolution Board (DRB) member, umpire insurance disputes consultant and expert witness in numerous matters with public and private entities and individuals in cases. FDOT Region 1 DRB member and Chairman for “Ad-Hoc” as needed hearings; 2004-8, FDOT Regions 4, 6 & 7 DRB member for “Ad-Hoc” as needed hearings 2014-17, Region 2 2017; Served on approximately seventy-five (75) Boards and as Chairman on 65%. Fair, efficient, economical case management.

CONTRACTS: Joint Ventures, Corporations, Partnerships, LLC’s, General Contracts, Subcontracts, Public Private Partnerships (PPP/P3).

CONSTRUCTION: AIA agreements – owner/Architect/construction manager, Government/Private, General/Subcontract, general/supplemental conditions, fixed cost, stipulated sum, cost plus, unit price, line item, incentive/disincentive/ bonuses/ liquidated damages, Scheduling, CPM, delay, concurrent delay, extended general conditions, plans/specs/surveys, engineering, bonds, surety, professional liability, termination, abandonment, changed conditions, modified total cost claims, loss of productivity, inefficiencies, acceleration, unforeseen conditions, differing site conditions, contract language interpretation, extra work, defective/incomplete construction, project access, maladministration, non-payment, termination, lost revenue, warranty, design errors, prejudgment interest, conflicting contract language, design-Build, fraud, license, statute of limitations, partnering.

Bridges, drilled shafts, piling, drainage pipe, utilities, landfills, soils, borrow source, trucking, multi-story hotels, homes, office buildings, multi story condominiums, college buildings, window leaks, landfills, roadways, water damage, defects in labor/material, steel erection, caulking/stucco, roofs, hurricane damage, site work, shopping center, church, golf course, Information Technology Systems, and LEED projects.

ENERGY: Negotiated resolution of general contract, contract, general/supplemental conditions, fixed cost, stipulated sum, cost plus, unit price, line item, incentive/disincentive/ bonuses/ liquidated damages, scheduling, natural gas transmission interstate lines, compressor stations, conflicts, take-or-pay contracts.

Publications and Speaking Engagements:

Speaking: Guest Lecturer at Stetson University Construction Law Class; Lecture 1: ‘Contemporaneous Documents significant to Construction cases, Arbitrations, and Dispute Review Boards’; Lecture 2: ‘Similarities and Differences between various methods of Alternative Dispute Resolution (ADR) – Mediation v. Arbitration v. International Arbitration v. Dispute Review Boards and v. Dispute Adjudication Boards’. Lecture 3: ‘Schedules, Unforeseen Conditions, and CPM Impact Analysis’.

DRBF Training and Workshop Presenter for: 2015 Best Practices for Working with Dispute Review Boards: course is developed to prepare project personnel for their participation with the DRB. Course content includes a presentation of the underlying principles, a review of FDOT DRB procedures and best practices for working with DRBs. How to more effectively work with project DRBs, learn how to better present and communicate positions to DRBs, and how to avoid common mistakes in developing positions for DRBs. Content overlaps with arbitration presentations.

DRBF Training and Workshop Presenter for 2015: Administration and Practice training program designed to provide basic skills for people interested in or are serving on DRBs. Case study, lecture, demonstrations, exercises and the exchange of experiences and suggestions for the effective use of the DRB process. History and background of DRBs, role and authority, selection and compensation of members, ethics and conflicts of interest, administrative operation of the Dispute Review Board, contract language, administration and procedures, site visits, meeting procedures, informal processes, formal decision processes and deliberations and opinions
Publication: Manual ‘Best Practices For Working With Disputes Resolution Boards for
Dispute Avoidance, Prevention, and Resolution.’ for FDRB and DRBF.

Alternative Dispute Resolution Training and Education:

AAA Arbitration: AAA 2016 Construction Conference: Ahead of Schedule and Under Budget, 2016; ADR and Emerging Technologies-The Future has arrived, Dec 2015;
Construction Professionals Guide to Conducting an AAA® Arbitration, Aug 2013;
Fundamentals of Effective Mediation Advocacy, 2011; Arbitrator Ethics & Disclosure, 2009;
Pro Se: Managing Cases Involving Self-Represented Parties, 2008; Dealing With Delay
Tactics in Arbitration, 2006; Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2005; Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004;
Arbitrator II: Advanced Construction Case Manage Issues, 2001; Construction Arbitration;
Training, 1998; Construction Arbitrator Training Workshop, 1996; Advanced Arbitration
Training, 1991; Standard Arbitration Training, 1990;

AAA Mediation: Mediation training in accordance with the guidelines used by the State of Florida for the Circuit Civil Court Mediation Program, Forty-hour course, 1992.

DRBF: Dispute Resolution Board Administrative Training Workshop, 1999; Dispute Resolution Board Chair Training Workshop, 2002.

FIDIC: The Practical Use of the 1999 Fédération Internationale Des Ingénieurs-Conseils (FIDIC) Conditions of Contract for Construction and the MDB’s Harmonized Construction Contract. (FIDIC Module 1), April 2012; The Practical Management of Contract Claims and The Resolution of Disputes (FIDIC Module 2), May 2012; The Responsibilities and Duties of Dispute Adjudicators and Parties to Disputes (FIDIC Module 3), July 2012.

20+ years

American Arbitration Association (AAA) ®; Florida Dispute Resolution Board Foundation
Member (FDRBF), Board of Directors, Florida Chapter 2014-17; Dispute Resolution Board
Foundation (DRBF) Member, Public Private Partnerships Advisory Committee 2014-15;
Fellow Member of Chartered Institute of Arbitrators (FCIArb).
Florida Licensed Professional Civil Engineer (0044690), 1991-Present.

Bachelor Civil Engineering, Georgia Institute of Technology, Atlanta, Georgia, 1980.
Masters of Laws, focused in International Dispute Resolution, University of London, College
of Queen Mary International Programs, 2017. – Present; International Courts and Tribunals;
Regulation and Infrastructure of International Commercial Arbitration; Applicable Laws and
Procedures in International Commercial Arbitration.

English
P.O. Box 67347 Saint Petersburg,
Florida

Send Message to listing owner

Please log in to be able to send messages to the listing owner.