My Experience


Mediation:

Roger informally mediated hundreds of construction disputes throughout the first 30 years of his career and then 12 years ago he started to formally mediate various disputes.  Roger effectively uses his “Guided Choice”approach to help convince antagonists that settlement is the better way to go rather than risking it all at the hands of a judge, jury or a panel of arbitrators.

The following is a list of some of his recent mediations:

A $150M+ dispute between the developer and the contractor on a modular high rise residential tower in the Northeast.

A $200+M dispute between the EPC contractor and a subcontractor on a $3B fertilizer plant in the Midwest.

A$75M dispute between the design/builder and its engineer on a $1.5B P3 highway project in the Southeast.

A $50M dispute between the EPC contractor and its mechanical subcontractor on a $1B fertilizer plant in South America.

A $45M dispute on a power plant in the Northeast between the EPC contractor and his engineer.

A $30M construction defect dispute on a luxury resort in Arizona with 10 parties and 8 insurance companies.

A $25M dispute involving claims and counterclaims for the design and construction of a cruise ship pier in Central America.

A $25M dispute on a biochemical facility in the Southeast between the owner and the design/builder.

A $60M construction/design defect dispute by the Developer against its GC and Engineer for a one million square foot corporate headquarters building in the Mid-Atlantic region.

A $15M in claims and counterclaims on a residential/retail project in Washington, D.C. between the Developer and its GC.

A $10M dispute between a municipality and a general contractor arising out of a highway project in the Southeast.

A $10M construction defect dispute by the Owner against its GC over the construction of a medical facility in the Mid-Atlantic region.

A $10M construction defect dispute in the Northeast involving the corporate headquarters facility for a Fortune 500 company and it’s A/E, GC and subcontractors and several insurance carriers.

A $7.5M dispute on a FBOP prison between the design/builder and its MEP subcontractors in the Mid-Atlantic.

A $7M dispute between a municipality in south Florida and its engineer over the design of a well field and a water treatment plant.

A $6M dispute on a people mover at an international airport project in the southwest between EPC contractor and its engineer.

A $5.5M dispute between the owner of a steel making facility and its piping contractor.

A $5M construction defect dispute with 12 parties involving various problems on a high school in Pennsylvania.

A $4.5M dispute between and electrical subcontractor and the EPC contractor on a surface water treatment facility in Texas.

A $4.5M dispute between the EPC contractor, its engineer and its mechanical subcontractor on a large waste treatment facility in the southwest.

A $4.5M dispute between the GC and its concrete subcontractor on an ammo storage facility for the US Army Corps of Engineers in the southeast.

A $3M dispute between the EPC contractor and its electrical subcontractor over a baggage handling system at an international airport in the Northeast.

A $3M dispute between the developer and its engineer on a nightclub in Las Vegas.

A $3m dispute between the design/builder and its engineer on a monorail system in the Southwest.

The following is a list of some of the clients Roger has served as mediator:  

Skanska, Granite, Turner, Kiewit, Hensel Phelps, Dragados USA, Hunt Construction, Walsh Construction Group, American Bridge, Orascom E & C USA, Samsung Engineering, Littire Construction, Barr & Barr, Island International, Mass Electric, Intermountain Electric, AP Wyoming, Harris Construction, Corval Constructors, US Engineering, CH2M Hill, AECOM, Jacobs Engineers, HOK, Gannett Fleming, Greeley & Hanson, CDM Smith, Thornton-Tomasetti, J & L Steel, County of Palm Beach, Canon Copiers, Pulte Homes, Forest City, Bombardier, City of North Las Vegas, Fresno Zoo, City of Lynchburg, VA, City of Anchorage, AK, Frost Museum of Science, Zurich, AIG, Travelers, Liberty Mutual, Lexington Insurance, Howard Hughes Medical Institute, Carnival Cruise Lines, Columbia Property Trust.

Arbitration: 

Roger Peters is an experienced Arbitrator, including having served as an arbitrator on a $550M design/build cable stay bridge and highway project which involved claims and counterclaims in excess of $75M.  It should be noted that the award in this matter was vastly in favor of the designer and against the contractor, demonstrating that Roger is truly a neutral and not biased by his past experience as a general contractor.  In fact, throughout his more than 40 years in the construction industry, Roger has served owners and design professionals and protected their interests while serving as the construction manager on several large construction management projects.  Of significant note, Roger was selected by the AAA to be a member of its exclusive Mega Project Construction Arbitration Panel which is comprised of approximately the top 50 construction arbitrators in the US as rated by counsel for construction mega projects.  In addition, he served as the Chair of a $100M ICDR arbitration for a mega project in Taiwan and served as the Owner’s appointed arbitrator on a $35M dispute involving a biomass power plant in Hawaii; as the Contractor’s appointed arbitrator for an ICC matter involving disputes over a 280MW solar power plant in the Southwest; and as the Contractor’s appointed arbitrator on a $20M AAA dispute involving a coal fired power plant in the Midwest.  

The following is a list of his recent arbitrations:

$100M+ AAA dispute between a ship builder and a vessel supply company in the Southeast;

$100M AAA dispute between the developer and its mechanical prime contractor on pipe mill in the Southwest;

$60M AAA/ICDR dispute between the developer of a biomass power plant in Kauai and its general contractor;

$55M AAA dispute between the developer of a power plant in California and its GC;

$30M AAA dispute between the EPC contractor and its MEP subcontractor for a natural gas gathering facility in the Southwest;

$10M AAA dispute between a general contractor and a defaulted subcontractor’s surety in Washington, D.C.;

$10M AAA dispute between the owner of a cancer center in the Soutwest, its A/E, GC and many subcontractors;

$7M ad hoc arbitration between two parties over defective work at a fluidized bed power plant in the Northeast.

Large construction defect AAA dispute between a home builder and home owners in the Southwest;

$5M AAA dispute between a municipality and its engineer on a waste water treatment plant in the Midwest;

Sole arbitrator in a $3M AAA dispute over a natural gas pipeline in West Virginia;

Sole arbitrator in an ad hoc arbitration over a $2M dispute involving a design/builder and its sub-consultant on an electrical distribution system in the Southeast.

Finally, Roger was selected to serve on a panel of arbitrators for the $1B Rapid Bridge Replacement P3 Project in Pennsylvania.

Dispute Review Boards:  

Roger was  appointed to serve on a DRB for two of the largest projects in the world, the Vogtle Nuclear Generating Facility in Georgia and the V.C. Sumner Nuclear Generating Plant in South Carolina.  In addition, he is currently serving as the sole Dispute Review Advisor as the hearing officer for all claims arising out of the $4B Transbay Transit Center Project in San Francisco.  In 2008, Roger was selected to serve as a member of the Dispute Review Board for the $1B New York Giants/Jets Meadowlands Stadium Project and is currently serving on the $4.5B expansion and renovation of Terminal B at LaGuardia Airport; is serving on DRB’s for 6 Florida DOT Projects as well as the Regional DRB’s for Districts 5 & 7; and is currently serving on a DRB for the $1B Salem Power Plant in Salem, Mass; and was selected to serve on 3 DRB’s for 3 $1B P3 projects for the Texas DOT.  Roger is a member of the Dispute Resolution Board Foundation and has been trained and certified to serve not only as a member of a DRB but also as its Chairperson.  In addition, he has been extensively trained in the use of the FIDIC form of contracts and has been certified to serve internationally on projects using Dispute Adjudication Boards as well.  

OPERATIONS EXPERIENCE:

Roger has nearly forty years of experience in resolving complex construction disputes on major projects throughout the continental United States, the Caribbean and the Pacific Rim.  For most of those years, Roger was an officer and General Counsel to one of ENR’s top fifty contractors and construction managers, however, in 2005 he was chosen to manage and lead the companies’ operations in Puerto Rico over a five year period which, in addition to the completion of the construction work, involved the resolution of multiple millions of dollars of construction claims on water and waste water treatment projects, hotel and condominiums, hospitals, university buildings and dormitories and low income housing projects, all with an aggregate construction value in excess of $600M.  Based upon his success in Puerto Rico, he was promoted in 2008 to Executive Vice President and General Manager to head up and manage the construction operations of the company in Hawaii and Guam which had annual revenues in excess of $400M and more than 700 office and field personnel.  During his tenure in the Pacific, he was responsible for the management of many military projects that had a combined value in excess of $500M, including the largest project in the history of Hawaii for NAVFAC.  Roger retired from the company in late 2011 to dedicate himself full time to the resolution of complex construction disputes.

LEGAL EXPERIENCE:

Throughout his career, Roger has negotiated hundreds of contracts with both public and private owners relating to a wide variety of projects, including a major league baseball stadium ($200M design/build contract), an International Airport ($850M construction management contract), a water treatment and aqueduct project ($350M EPC contract), a large hotel and casino in Las Vegas ($125M GMP contract) and an 1100 megawatt power plant( $450M EPC contract).  In the power generation industry, Roger has been involved in the resolution of disputes on more than 15 major power plant projects from coal fired, co-generation/combined cycle to nuclear.  In addition, he has more than 30 years of experience in the heavy/highway construction industry, having been involved with various claims on major road, bridge, rail, tunnel and airport runway projects.  Roger was instrumental in resolving millions of dollars of claims on all of these projects with the owners, architects and engineers, prime and trade contractors, subcontractors, major insurance carriers and sureties.

RISK MANAGEMENT EXPERIENCE:

Roger is also an expert on construction insurance and surety matters, having served as the companies’ Risk Manager for more than 5 years and is intimately familiar with Owner and Contractor Controlled Insurance Programs as well as coverage issues involving construction defect claims affecting commercial general liability, professional liability and builder’s risk policies.  In addition, he testified on coverage matters relating to the largest construction defect case in the history of Puerto Rico (claims were in excess of $75M).

SPEAKING ENGAGEMENTS and ARTICLES:

Roger has spoken at several conferences on mediation, arbitration, DRB’s and other ADR topics:

“To Mediate or not to Mediate (How to answer the question),” American Arbitration Association’s (“AAA”) Conferences held in Miami and Los Angeles in March and November of 2007.  

“Navigating Alternative Dispute Resolution and Mediation,” Corporate Counsel Construction Forum, October 2007.

Winning at Mediation,” Kilpatrick Stockton Client Conference, 2007.

Products Liability in the Construction Industry,”  ALFA International Construction Conference, 2008.

“Managing Expectations of the Parties: Best Practices in Construction Arbitration,” AAA Neutrals Conference in San Diego, February 2009.

“Right Process/Wrong Arbitrator,” AAA Conference November 2009 and also featured in a Webinar on October 19, 2010.

“Government Construction Contracts and Compliance,” Marcus Evans conference, March 2011.

“The Use of Dispute Boards on Major Construction Projects,” the Brazilian Institute of Law’s first International Construction Conference in Sao Paulo, August 2012 and again at the 3rd Annual Conference in October, 2014 and also at the Brazilian Construction Engineers Society Meeting in August, 2014.

In addition, Roger authored with others an article published in the Dispute Resolution Journal, May-July 2007 issue entitled: “Managing Dispute Resolution Options in the Construction Industry.”

Use of Dispute Boards on Construction Infrastructure Projects, Peru’s Catholic University Center for Dispute Resolution’s International Conference for the Resolution of Construction Controversies, Lima, Peru, May 22-23, 2013.

“The Delicate Balance Between Managing the Projects vs. Managing the Claim”, ABA Construction Forum April 11, 2014.

“Effective Advocacy in Construction Mediation to Settle Your Case:  What Works and Does Not Work”, The Seminar Group, Georgia Construction Bar Association, March 6, 2014.

“Navigating Perilous Waters:  How to Approach the Many Decisions that the Mediation Process Requires, and Ultimately Improve the Chances for Settlement,” AGC’s 2015 Conference on Surety Bonding & Construction Risk Management, Naples, FL, February 2, 2015.

Roger was a featured author for the inaugural 2017 volume of “The American Journal of Construction Arbitration & ADR” in which he wrote an article on “The Effective Use of Dispute Boards on Major Construction Projects.”

Contact Roger J. Peters

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