JOHN JOZWICK

  back

GENERAL OVERVIEW

Key Skills & Experience:

John Jozwick is Senior Vice President and General Counsel for Rider Levett Bucknall Ltd (RLB) North America. John also manages the Advisory Services area of RLB North America, providing project consulting services, claim analysis, expert opinion, construction defect forensics, dispute avoidance, and Alternative Dispute Resolution (ADR) as a Mediator, Umpire, and Arbitrator.

With over thirty five years experience in the construction industry, John provides Advisory Services to owners, contractors, subcontractors, design professionals, sureties, lenders, insurance carriers, and attorneys relating to construction projects, disputes, dispute avoidance, and dispute resolution. His experience in the construction industry has been broad and extensive. He has experience as a Project Engineer, Owner’s Construction Representative (CONREP), Attorney, Consultant and Expert Witness, and ADR Provider. During his career, John has been involved in a wide variety of construction projects and disputes, including bridges, roads, transit, utilities / infrastructure, civil, residential, multi-family, office, hotel, casino, commercial, mixed use, industrial, educational, courts, hospitals, marine facilities, ship repair, and shipbuilding.

Being responsible for RLB’s North America Advisory Services, John oversees the investigation and expert opinions in areas that include: claims for additional compensation / requests for equitable adjustments; schedule / delay claims; loss of efficiency / cumulative disruption analyses; identifying scope and costs to complete / repair a project; breaches of contract / terminations; performance and payment bond claims; and, construction defects / forensic investigations. He has provided expert testimony at trial, mediation, arbitration, and administrative hearings relating to these areas of Advisory Services.

This background has given John a unique and balanced perspective to become an effective Mediator, Umpire, and Arbitrator of construction disputes. He has hands-on project experience. He has experience as an Owner’s representative, to representing contractors and subcontractors. He understands construction contracts, law, and principles. He has represented both plaintiffs and defendants as an attorney and as an expert. He is trained and experienced in ADR processes. As a result, John provides services as a Mediator, Umpire, and Arbitrator of construction and construction insurance disputes. But more importantly, John is an advocate of dispute avoidance processes. He is trained and experienced as a Dispute Review Board (DRB) Member and Project Neutral. He is a qualified DRB panel member for DOT projects in Washington, California, and Wisconsin, and has provided DRB / Project Neutral services for vertical construction projects.

ACADEMIC QUALIFICATIONS

Detail of Professional Experience

 

2002 – Present Senior Vice President And General Counsel

                        Rider Levett Bucknall Ltd

                        Phoenix, AZ

                        See description above. 

 

1985 – 2001      Attorney

                     Represented construction clients on projects including general, commercial, industrial, residential, marine, civil, and ship repair / shipbuilding construction, both public and private projects.  Clients have included owners, primes, subcontractors and sureties. Dispute experience included claim preparation and defense, and the prosecution of construction claims through litigation, arbitration, or mediation.  Disputes have included: bid protests, design defects, defective construction claims, constructive change claims, changed site conditions, acceleration and loss of efficiency claims, delay claims, terminations for default and convenience, guarantee and warranty claims, breaches of contract, collections and payment disputes, disruption claims, suspensions of work, bond claims, and payment disputes.

 

                     Practice included working at contractor facilities and on-site at construction projects assisting in project management, contract administration, reserving rights to delay and additional compensation, schedule and delay analysis, and preparing documentation for claims.

 

                     Beginning in 1994, practice included acting as an ADR Provider, hearing and resolving construction related disputes. 

 

                     In addition, for over five years was responsible for overseeing the preparation of opinion reports and claims relating to additional compensation or delay claims by in-house claim consultants working within the law firms.  Prepared, analyzed, and oversaw numerous claims for additional compensation and schedule impact, including analysis of entitlement issues, cost analysis, and schedule analysis.

 

                        Firms of employment include:

 

                        1994 - 2001      John T Jozwick, P.L.L.C.

                                                 Greenwood Village, CO and Paradise Valley, AZ                   

                        1992 - 1993      Schiffrin Hopkins & Olson

                                                 Seattle, WA

                        1989 - 1992      Bryan Schiffrin & Mcmonagle

                                                 Seattle, WA

                        1988 - 1989      John T Jozwick, P.L.L.C.

                                                 Federal Way, WA

                        1985 - 1987      Taylor Bryan & Hintze

                                                 Seattle, WA

 

1981 - 1985      Owner’s Construction Representative

                        US Department of the Navy, Military Sealift Command

                        Tacoma, WA

                     Projects included the design and construction of the T-AGOS 1 Ocean Surveillance Class (USNS Stalwart), and various repair projects.  The positions of Engineer and CONREP with the Department of the Navy provided hands-on experience with public / government contracts, design, project management, contract administration, scheduling, inspections, estimates, bids, change orders, and disputes on ship repair and shipbuilding projects.

 

 1978 - 1980     Project Engineer

                        US Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair, San Diego

                     San Diego, CA

                     Projects included the construction of the Destroyer Tender AD-41 Class (USS Yellowstone), and the design and construction of the T-ARC 7 (USNS Zeus).  Experience with inspecting work to conform with plans and specifications, field engineering, scheduling, and contract administration.

 

Alternative Dispute Resolution Experience:

     Arbitration: 

Arbitrator with the American Arbitration Association (AAA) since 1994 being on the AAA Commercial Panel, Construction Panel, Large Complex Construction Panel, and Consumer Panel.  Member, Chartered Institute of Arbitrators (MCIArb).  Arbitrator with the CPR Institute Construction Panel.  Arbitrator with Construction Dispute Resolution Services (CDRS).  Experienced as a sole arbitrator, panel arbitrator, and as chair of panel arbitrations.  Additionally, retained as a party appointed arbitrator in private arbitration matters and retained as the neutral third chair arbitrator for construction disputes. 

 

     Mediation / Umpire:

Mediator with the American Arbitration Association (AAA).  Mediator with the CPR Institute Construction Panel.  Mediator with Construction Dispute Resolution Services (CDRS).  Experienced mediator, umpire, and arbitrator of construction disputes.

 

     Dispute Review Board (DRB) / Project Neutral:

Trained and experienced in claims avoidance programs to minimize disputes during a project.  Dispute Resolution Board Foundation (DRBF) member.  Dispute Review Board (DRB) panel member for State of Washington Department of Transportation projects.  Qualified CalTrans DRB and DAB panel member.  Qualified for WisDOT’s Statewide Standing Roster of Prequalified DRB Members.  Dispute Review Board / Project Neutral experience includes vertical construction project for a children’s hospital campus expansion project, mixed use development, and an assisted living senior housing facility.

 

     Professional Affiliation:

Chair of State Bar of Arizona ADR Section 2013 – 2014.  Vice Chair and Chair Elect, State Bar of Arizona Alternative Dispute Resolution (ADR) Section 2012 - 2013.

 

      Examples of Construction Disputes Heard / Resolved:

Continuing Education and Training - Alternative Dispute Resolution:

 

 

Continuing Education and Training - Construction Training and Education:

2006 IRC Performing Residential Building Inspections

2006 IRC Performing Residential Mechanical Inspections

2006 IRC Performing Residential Plumbing Inspections

2006 IRC Performing Residential Electrical Inspections

Recent Deposition, Hearing, Testimony Experience:

2013

Agate Concrete, Inc., Claimant  v. DelMastro Eells Construction, LLC, Respondent

American Arbitration Association, Case No. 76 110 00093 13

Arbitration and Deposition Testimony Regarding Delays and Costs, Including Schedule Analysis Relating to the Renovation, Re-Model, and Construction of Cabanas, Pool, and Pool Slide Construction Project at a Scottsdale, Arizona Resort

Prescott Surgical Clinic, P.C., Plaintiff v. Arizona Repair Masons, Inc., Defendant, and Related Third-Party Claims

In the Superior Court of the State of Arizona, In and For the County of Yavapai, Case No. P1300-CV-201200488

Deposition Testimony Regarding Damages, Costs, and Repairs to Basement Walls and Floor due to Water Intrusion and Use of Concrete Crystalline Waterproofing

Seth Fagerlie, Plaintiff v. Markham Contracting Co., Inc., et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2008-007731

Deposition Testimony Regarding Timing of Start of Work, Completion of Work, Periods of Cessation of Work, and Value of Work Relating to a Mechanics Lien Foreclosure Action

Ellie Tortora, Plaintiff v. Joan M. Lang and Warren Lang, Defendants

In the Justice Court of the State of Arizona, In and for the County of Maricopa, Case No. CC2012082841

Deposition Testimony Regarding Workmanship Standards for Painting a Residence and Costs to Repair

Bench Trial Testimony Regarding Workmanship Standards for Painting a Residence and Costs to Repair

2012

John E. And Candy L. Adamow, et.al., Claimants v. Sivage-Thomas Homes of Arizona, Inc., Sivage Thomas of Arizona, Inc., Pulte Home Corporation, et.al., Respondents

American Arbitration Association, Case No. 76 110 277 08

Deposition and Arbitration Testimony Regarding Grading and Drainage Issues, Scope to Repair, Damages, Costs to Repair Relating to a Community Development

Operations Management International, Inc., Claimant v. Fort Mojave Tribal Utility Authority, Respondent

American Arbitration Association, Case No. 72 145 Y 00520 10 SIM

Arbitration Testimony Regarding Damages, Costs, and Repairs to Various Tribal Utility Systems Including the Waste Water Treatment Plant, Water Wells, Water Distribution System, and other Utility Systems

2011

Operations Management International, Inc., Claimant v. Fort Mojave Tribal Utility Authority, Respondent

American Arbitration Association, Case No. 72 145 Y 00520 10 SIM

Deposition Testimony Regarding Damages, Costs, and Repairs to Various Tribal Utility Systems Including the Waste Water Treatment Plant, Water Wells, Water Distribution System, and other Utility Systems

Jay and Brenda Schwartz, Plaintiffs v. Steg Custom Homes, Inc., Defendant

Arizona Registrar of Contractors, Office of Administrative Hearings, Case No. 2010-13511974, Formerly No. 10-1351

Testimony at ROC Compliance Hearing Regarding Work Performed at a Residence Re-model and New Addition

A. Miner Contracting, Inc., Plaintiff v. Dana Kepner Company, Inc., et.al., Defendants

In the United States District Court, For the District of Arizona, Case No. 3:10-CV-08083-JRG

Deposition Testimony Regarding Damages Associated with Delays and Repairs to Underground Ductile Iron Pipe

Installation for a Water Main System

Arizona School Risk Retention Trust, Plaintiff v. The Orcutt/Winslow, LLLP, et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2009-016580 & CV2009-024068

Deposition Testimony Regarding a Flood at Elementary School and Duties of Homebuilder Regarding Wash, Culverts, and Drainage Designations and Maintenance

2010

Bernard M. and Geraldine P. Cygan, Plaintiffs v. Lewis & Walraven Enterprises, Inc., Defendant, and Related Third Party Claims

In the Superior Court of the State of Arizona, In and for the County of Yavapai, Case No. CV2008-1396

Jury Trial Testimony Regarding Construction Defects and Repairs at a New Residence Construction

Kaslly Family Revocable Trust, et.al., Plaintiffs v. Distinctive General Contracting, Inc., et.al., Defendants

In the District Court of the State of Nevada, In and for the County of Clark, Case No. A507598, Dept. No. XVII

Deposition Testimony Regarding Construction Defects at a New Residence Construction

Los Paseos Condominium Owners Association, Plaintiff v. Windsor Beardsley, LLC, et.al., Defendants, and Related Third Party Claims

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2009-011204

Deposition Testimony Regarding Construction Defects at a Multi-Family Condominium

2009

Michael Kraft and Lupe Kraft, Plaintiffs v. Richard Owens and Jane Doe Owens, d/b/a Desert Jewel Homes,

Defendants

Arizona Registrar of Contractors, Complaint No. 09-4577

Testimony at ROC Hearing Regarding Construction Defects of a New Residence Construction

Bernard M. and Geraldine P. Cygan, Plaintiffs v. Lewis & Walraven Enterprises, Inc., Defendant, and Related Third Party Claims

In the Superior Court of the State of Arizona, In and for the County of Yavapai, Case No. CV2008-1396

Deposition Testimony Regarding Construction Defects at a New Residence Construction

Mountain View Custom Home Builders, Inc., Plaintiff v. Jerry Ayoub and Claudia C. Ayoub, Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2003-011431

Bench Trial Testimony Regarding Construction Defects of a New Residence Construction and Costs to Repair

2008

City of Phoenix, Plaintiff v. Leo A. Daly Company, Defendants

In the United States District Court, District of Arizona, Case No. CV07-0110-PHX-JAT

Testimony at Deposition Regarding Schedule Delays and Schedule Impact on a Convention Center Expansion Project

East Valley Contractors, LLC, License No. 202003, Complainant v. Estilo, Inc./Custom Homes by Randy Cozens, License No. 181993/23351, Respondent

Before the Registrar of Contractors of the State of Arizona, Case No. 08-2270, 08-2270W0, 07-2932, and 07-2932W

Testimony at ROC Hearing Regarding Construction Defect Allegations, Workmanship Standards, Contractor License Issues, Delay Claims, and Backcharges for Defective and/or Incomplete Work

TA-Wallick Construction, LLC, dba Tofel Construction, Claimant v. Elk Ridge Apartments, LLC, Respondent

American Arbitration Association, Case No. 76 110 Y 00304 06 SHST

Deposition and Arbitration Testimony Regarding Construction Delays, Schedule Impact, and Termination for Default of a Multi-Family, Multi-Building Apartment Complex

Mountain View Custom Home Builders, Inc., Plaintiff v. Jerry Ayoub and Claudia C. Ayoub, Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2003-011431

Deposition Testimony Regarding Construction Defects of a New Residence Construction and Costs to Repair

Kelly Hayden, Plaintiff v. Questa Vida Homeowners Association, Defendant

In the Superior Court of the State of Arizona, In and for the County of Coconino, Case No. CV2006-013148

Arbitration Testimony Regarding the Forensic Investigation of Water Intrusion, Scope and Cost to Repair for a Condominium Residence

2007

MCM Development, L.L.C., Plaintiff v. TFH Properties, L.L.C., et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Coconino, Case No. CV2006-0519

Deposition and Arbitration Testimony Regarding Construction Management, Delays, and Defects of a Boat Storage and Boat Repair Facility

Alta Vista @ Bella Lago, et.al., Plaintiffs v. Bella Lago, L.L.C., et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2006-009630

Deposition Testimony Regarding Construction Defects of a New Multi-Family Condominium Construction

Premier Storage Property Owners, Inc., Plaintiff v. Keith Davis and Jane Doe Davis dba K Squared Construction, et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Mohave, Case No. CV2004-0027

Deposition Testimony Regarding Construction Defects Regarding Construction of a Storage Facility

Robert W. Fogelsanger and Melodie Fogelsanger, Plaintiffs v. The Ryland Group, Inc., et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2005-052528

Deposition Testimony Regarding Construction Defects of a New Residence Construction

Plateau Electrical Constructors Inc., et.al., Plaintiffs v. W.E. O’Neil Construction Company of Arizona, Inc., et.al.,

Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2003-010968

Deposition Testimony Regarding Construction of a Juvenile Detention Facility and the Delays and Additional Costs Incurred by the Framing, Drywall, Stucco Subcontractor

Hagins Residence

Testimony at Registrar of Contractors Hearing

State of Arizona Office of Administrative Hearings

Testimony at ROC Hearing Regarding Construction Defects of a New Residence Construction

Offe Custom Homes, Inc., Claimant v. Lucky and Robert Misrach, Respondent

American Arbitration Association

Testimony at Arbitration Hearing on Construction Defects and Payment Dispute Regarding a New Residence Construction

G.M.F. Roosevelt, et.al., Plaintiffs v. David Maule-Ffinch, et.al., Defendants

In the Superior Court of the State of Arizona, In and for the County of Maricopa, Case No. CV2005-0044892

Deposition and Trial Testimony Regarding the Construction Management and Delays of a New Marina Construction at Roosevelt Lake

2006

Wood Residence

Testimony at Registrar of Contractors Hearing, State of Arizona Office of Administrative Hearings

Testimony at ROC Hearing Regarding Construction Defects of a New Residence Construction

Banco Nacional de Mexico, S.A. de C.V., As Trustee under Fideicomiso Cabo del Sol, Banamex No. 140819-2

and R-C Los Cabos Servicios, LLC, Claimants v. Inmobiliaria Turistica de Baja California, S.A. de C.V., Respondent

Before the International Court of Arbitration Of the International Chamber of Commerce, New York, New York, Case No. 13192/JNK

Testimony at Arbitration Hearing on Schedule Analysis Regarding the Construction of a Hotel/Resort in Cabo San Lucas, Mexico

Publications: 

 

Speaking Engagements:

Examples of Past Project and Dispute Experience (Prior to Engagement with RLB):

Bridges/Highways

Earthwork

Educational Facilities

Foundations/Piling

Government

Hotels and Office Complexes

Marine

Prisons/Justice Centers

Ship Repair/Construction

Transit

Utilities