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HOWARD FELDMAN

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HOWARD FELDMAN

GENERAL OVERVIEW

For over forty years Howard A. Feldman has been responsible for claims prevention, mitigation and resolution services that are provided to owners, contractors, subcontractors, architects, engineers and the insurance and legal communities, worldwide. As a consultant, former trial and corporate counsel, he has extensive experience in the evaluation and resolution of claims in the ADR continuum.

A primary focus of Howard Feldman’s engineering and construction consulting work in the last 15 years has been the prevention, mitigation and resolution of engineering and construction claims. He assists in controlling and reducing the significant risks inherent in design, engineering, procurement and construction by utilizing ADR to prevent, mitigate and resolve claims expeditiously and cost effectively.

For more than forty years, on behalf of owners, architects, engineers, contractors, subcontractors, sureties and insurers, Mr. Feldman has participated in the formulation, prosecution and defense of major and complex arbitration and litigation, and their resolution through negotiation, alternative dispute resolution, Dispute Review Boards, mediation, and arbitration. From this involvement he has gained a unique perspective in the worlds of owners, A/E’s, contractors and subcontractors.

He is always sensitive to the maxim, “In the resolution of disputes time is of the essence, the numbers never get smaller.”

Mr. Feldman’s experience is that the earlier a potential claim can be recognized documented, evaluated and resolved, the more likely a prompt and favorable resolution can be obtained. Prompt resolution of claims in vehicles such as Dispute Review Boards has helped him assist in expeditiously resolving claims.

Mr. Feldman has experience in the ADR continuum, Construction Management, Project Management and other industry panaceas.

Mr. Feldman’s almost five decades of experience in the Construction industry has given him extensive experience in identifying, analyzing and evaluating factual and contractual issues to determine potential utility.

In such areas as Dispute Review Boards, he has helped support the parties through the conceptual, pre-bid, bid and subsequent project stages.

Mr. Feldman founded Feldman Consulting Group in 1995 to provide consulting, training and related services. Howard believes that although claims will never be eliminated, most can be prevented and with prompt (Dispute Review Boards) and other aspects of ADR can avoid the ritual mating dance of confrontation and costly deteriorating relationships.

The sooner the dispute is addressed with a professional analysis and fact based effort, the more cost effective the results. By providing a cleat understanding of the parties’ respective positions and the relative merits of those positions, he can facilitate open and candid discussions. He can bring the parties to a better understanding of the strengths and weaknesses of their positions.

Through his extensive experience he is keenly aware that in no business in the United States is trust and cooperation of greater importance than it is in the construction industry where good faith and teamwork are financially prudent. Mr. Feldman is always sensitive to the maxim that in dispute resolution time is of the essence; the numbers never get smaller.

EDUCATION

Mr. Feldman has a JD from New York University, a Bachelor of Civil Engineering from City College of New York and post graduate studies at Harvard in business administration.

Professional Affiliations

American Bar Association (Construction Industry, Dispute Resolution, Business Law Sections)
America Society of Civil Engineers
American Arbitration association - Panel of Arbitrators and trained Mediator
Construction Management Association of America

Construction Industry Experience

Howard A. Feldman is a Principal in Feldman Consulting Group, responsible for claims prevention, mitigation and resolution services that are provided to owners, architects, engineers and the insurance and legal communities, worldwide. In addition, he has over 40 years of experience in varied major construction projects throughout the United States, Europe, South American and Australia.

Mr. Feldman has been involved in the contractual and technical analysis of construction disputes on private and public projects and has presented numerous seminars on claims prevention, mitigation and resolution. He has been involved in a broad spectrum of construction industry matters in almost every aspect of construction, including public transit, mining, environmental and power projects. Mr. Feldman has also managed claims prevention and risk management services to brokers, underwriters and Lloyd's of London syndicates.

  • A primary focus of Mr. Feldman's efforts has been the creation of effective measures to identify and avoid potential disputes, claims and litigation. In this context, he has developed, implemented and lectured extensively on the policies and practices of claims prevention, ADR, and project delivery systems, with particular emphasis on problems inherent in Design/Build and Construction Management/General Contractor systems.

  • As a consultant, former trial attorney and corporate counsel, Mr. Feldman has extensive experience in the evaluation, preparation, presentation and defense of claims, and in their resolution in mediation, arbitration and litigation. He has in-depth experience in litigation support, directing expert testimony, document control and trial preparation in major complex and multi-party claims and litigation.

  • Throughout his career, Mr. Feldman has had a continuing involvement in liability, causation and damage issues concerning owners, contractors, architect-engineers and construction managers.

  • Mr. Feldman has extensive experience in drafting, analyzing, reviewing and negotiating contractual agreements and dispute-related documents.

  • Mr. Feldman has assisted fact and expert witnesses in the preparation of testimony for deposition, trial and arbitration, and has examined such witnesses in these forums.

  • Mr. Feldman has significant experience in construction management policies and practices in a broad spectrum of public and private projects, emphasizing that the best time to prevent problems is in the conceptual, prebid and bid stages of a project.

  • To facilitate the use of contract documents by field and administrative personnel, Mr. Feldman has designed formats for their analysis and reference, and forms for their on-site implementation.

Monographs:

"Design Build – Recurring Problems"
"The Professional Liability of Architects and Engineers"
"The Alternative Dispute Resolution Continuum"
"Alternatives to Construction Litigation"
"Preventing Construction Claims"
"Practical Approaches for the Prevention of Claims"
"Litigation Avoidance"
 
Numerous additional articles and full text seminar and training manuals on claims and their prevention, alternative dispute resolution and project delivery systems.