davidmarcus@cdrsllc.com DAVID MARCUS

GENERAL OVERVIEW

David Marcus has served the State of Oregon as an ALJ (Administrative Law Judge) for more than 23 years. As an arbitrator or mediator, he has resolved over 700 disputed construction claims, including numerous six-figure and multi-party cases. As an ALJ, he has entered orders in more than 500 additional claim cases, after conducting a contested case (administrative) hearing. Mr. Marcus' cases have included both commercial and residential construction claims, brought by homeowners, commercial and government property owners, subcontractors, employees, and material/equipment suppliers, and which have involved all of the following issues: excavation, erosion, irrigation and drainage; concrete, masonry and paving; water supply systems, septic and waste disposal systems; plumbing, electrical and HVAC, including radiant heat, solar and other passive systems; siding (including stucco), roofing (wood, asphalt, tile, metal) and painting; and, hazardous materials, including lead paint, asbestos, and mold.

Mr. Marcus has also presided as ALJ in numerous regulatory and license sanction cases for the Oregon State Construction Contractors Board, the Building Codes Division, the Board of Architect Examiners, the Appraiser Certification and Licensure Board and other boards and commissions. He has also developed expertise in real estate matters, handling a significant number of cases involving sale and financing contracts for new and existing homes, in addition to sanction cases against licensed real estate brokers. Mr. Marcus is passionate about the benefits of ADR and his role as a third party neutral.

EDUCATION and ADR TRAINING

• University of Cincinnati (BA, History and Literature, magna cum laude-1976).
• AAA Chairing an Arbitration Panel, 12/06
• Oregon Mediation Association Annual Conference, 11/06
• The Construction Claims Task Force and You, OSB Construction Law Section, Portland, 4/06;
• Construction Defects: Water Intrusion & Other Calamities, The Seminar Group, Portland, 4/06;
• Mediator Ethics, University of Oregon School of Law, Eugene, 2/06;
• Arbitrator Ethics & Disclosure, AAA Seattle Office, 8/05;
• Mediation & Arbitration in Oregon, Oregon Law Institute, Portland, 5/05;
• Basic "Plus" Mediation Skills Training (40 hrs.), Confluence Center for Mediation and Training (Mary Forst Associates), 2/05;
• AAA Construction Arbitrator II Training, Atlanta, 10/04;
• Mastering Modern Arbitration, University of Oregon School of Law, Portland, 05/04;
• Mediation and Arbitration in Oregon, Oregon Law Institute, Portland, 4/04;
• AAA Arbitrator I Training-Fundamentals of the Arbitration Process, Los Angeles, 1/04;
• Arbitration in Construction Claims, Carl R. Neil, Attorney & Arbitrator, Salem, Oregon, 6/02;
• Mediation Skills Workshop, Bridgewaters Inc., Salem, Oregon, 12/00;
• Mediation Skills Training, Neutral Solutions Inc., Salem, Oregon, 6/98; · Certificate of Completion (32 hrs.)
• Mediation Training for Professional and Community Mediators, University of Oregon School of Law, May 1997;  

“Mediation Training for Professional and Community Mediators,” University of Oregon School of Law, May 1997;

PROFESSIONAL AFFILIATIONS

• American Arbitration Association (AAA) National Roster of Neutrals, Commercial Arbitration Panel, Mediation Panel, and special national panel for the Center for Responsible Appraisal and Valuation.
• National Association of Administrative Law Judges (NAALJ)-- former member, Board of Directors, 2002-2004; current Chair, Education Committee; ADR Committee Chair, 1999-2001.
• Oregon Association of Administrative Law Judges (OAALJ), current Board member; conference organizer/coordinator for 2002 and 2004 conferences co-sponsored with Willamette University College of Law.
• National Association of Hearing Officials (NAHO).
• Non-lawyer member of OSB Administrative Law and Construction Law Sections.
• Oregon Mediation Association (OMA).
•  Marion County Circuit Court Civil Mediation Panel & Small Claims Mediation Program.

PROFESSIONAL PRESENTATIONS

• Oregon State Bar Construction Law Section CLE, December 2004 & December 2006;
• Ex Parte Provisions in Oregon Administrative Law, guest lecturer, Willamette University College of Law Administrative Law Class, October 2003;
• Administrative ADR: Models, Challenges & Responses for ALJs, NAALJ Annual Meeting & Conference, Orlando, FL, October 2003. Co-presenter with Lynda Moser, Georgia Office of Administrative Hearings, and Robert Jones, Director, Florida Conflict Resolution Consortium;
•  Comparing Methods of Dispute Resolution, One Size Might Not Fit All, NAALJ Annual Meeting & Conference, Lexington, KY, October 2002;
• ALJ ADR Training and Mock Mediation, NAALJ Annual Meeting & Conference, Austin, TX, November 2001;
• ADR Programs For & Before State Agencies, Washington State Bar CLE program, Olympia, WA, September 2001;