FRANK MULLER

frankmuller@cdrsllc.com

GENERAL OVERVIEW

Frank Muller is the founder and president of Metro Mediation Services, Ltd. (MMS), an organization which provides dispute resolution and avoidance services to the construction industry.

Prior to forming MMS Frank Muller had thirty (30) years of experience in the engineering construction industry. An attorney and professional engineer, he has served in senior executive and officer positions of major national construction management firms.

Frank Muller's work in the field of alternative dispute resolution includes:

* Successful mediator of commercial and construction disputes with over twenty years experience as a mediator.

* Service as chair of numerous multi-party and multi-million construction arbitration hearings.

* Extensive experience as a commercial and construction arbitrator.

* Developing and rewriting of construction mediation and arbitration rules while member of the National Construction Industry Arbitration Committee (NCIAC).

Construction experience and professional responsibility for project direction and management includes:

• Project management services for $600 million Financial Center, Battery Park, NY.
   

• Construction Consulting for 42nd Street (Times Square) redevelopment program.
   

• Construction Management services for numerous and varied (over $100 million value) public works projects, highway and bridge, sewer, building, etc.).
   

• Management of design, including preparation of environmental impact statements, for multi-million dollar highway programs (NY, NJ, Mass).
   

• Prudency and management studies for nuclear power plants (including Arkansas ANO 2, Zimmer, Calloway, Marble Hill).
   

• Construction supervision and management, both as contractor and designer for hospital, institutional buildings and heavy foundation work.

LEGAL EXPERIENCE

Construction Contracts and Claims

* Extensive experience as a commercial arbitrator and mediator:
* Mediator, U.S. District Court, Eastern District of New York; N.Y. State Supreme Court, and Superior Court of N.J.
* Commercial and Construction Panel, American Arbitration Association
* Arbitrator in NY Small Claims (Civil) Court.
* Mediator, Community Dispute Settlement Service, NY State

* Arbitrator, N.Y. Stock Exchange and N.A.S.D.
* Private Judge, Duke Univ. Private Adjudication Center, Inc.

Professional Associations:

* Chairperson, National Construction Industry Arbitration Committee (NCIAC) 1986 - 1988; member 1978 to 2001
* President, Construction Management Association of America (CMAA) 1985 - 1986
* Member, Board of Governors Certification Program, CMAA 1995-Present
* Board Member - United Engineers Trustees, Inc. 1992 - 1998
* Chair - A.S.C.E. Construction Site Safety Committee 1995 - 2003
* Member, Building Futures Council 1995 - 2001

Teaching Experience:

* Industry Professor of Construction Management, Polytechnic University (1997-2000)
* Adjunct Assistant Professor, New York University, School of Continuing Education, 1987 - 1992
* Adjunct Instructor, Polytech Institute of NY 1975 - 1977
* Lecturer, professional associations (legal and engineering)

Publications:

* Co-Author, Construction Management: A Professional Approach, McGraw Hill, 1978
* "Design Management," in the Standard Handbook for Civil Engineers, McGraw Hill, (4th Ed. 1996)
* "Using Mediation to Resolve Construction Disputes" in Alternative Dispute Resolution in the Construction Industry, Wiley Law Series, 1990
* Numerous articles in professional and technical journals, including Civil Engineer, Consulting Engineer and others.

EDUCATION

* Yale University, B.E., Civil Engineering, 1952
* Boston College Law School, LL.B., 1959

Awards:

* American Society of Civil Engineers (A.S.C.E.) Construction Management Award - 1987
* Construction Management Association of America, New York Chapter Achievement Award – 1996
* New York State Bar Association – President’s Pro Bono Service Attorney Award –
2003

Employment History:

President
METRO MEDIATION SERVICES, LTD.
685 Third Avenue
New York, New York 10017
1989 - Present

Senior Vice President
O'BRIEN-KREITZBERG & ASSOCIATES
8 West 40th Street
New York, New York 10018
1979 - 1989

Director of Construction Management Services and
Construction Department
PARSONS BRINCKERHOFF QUADE DOUGLAS, INC.
New York, New York
1976 - 1979

Vice President, Director, and Secretary
MADIGAN PRAEGER, INC.
New York, New York
1964 - 1976

House Counsel and Chief Project Engineer
DANIEL O'CONNEL'S SONS, INC., General Contractors
Holyoke, MA
1959 - 1964

Project Engineer
NEW ENGLAND FOUNDATION, INC.
Foundation Subcontractor
Boston, MA
1958 - 1959

Field Engineer and Field Superintendent
RAYMOND INTERNATIONAL, INC.
Raymond Concrete Pile
New York, New York
1955 - 1958

Ensign and Lieutenant j.g.
U.S. NAVY CIVIL ENGINEERING CORPS
1952 - 1955