DAVID MARCUS

GENERAL OVERVIEW

David Marcus has served the State of Oregon as an ALJ (Administrative Law Judge) for more than 27 years. As an arbitrator or mediator, he has resolved over 1000 disputed construction claims, including numerous six-figure and multi-party cases. As an ALJ, he has entered orders in more than 600 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 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 Advanced Mediator Training, 2010
• Interest-Based Problem Solving, Oregon State Conciliation Service, 2010
• Public Law Issues, Oregon State Bar (OSB) Government Law Section, 2010
• Oregon Construction Law, The Seminar Group, 2009 & 2008
• Construction Law 101 & 301, OSB Construction Law Section, 2009
• Oregon Dispute Resolution Conference, Willamette University, 2009
• Construction Law Legislative Update, OSB & Assoc. General Contractors, 2007
• Excellence in Mediation Advocacy, Intl. Academy of Mediators & OSB, 2007
• 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;

PROFESSIONAL AFFILIATIONS

• American Arbitration Association (AAA) National Roster of Neutrals, Commercial Arbitration Panel, Mediation Panel.
• National Association of Administrative Law Judges (NAALJ)-- current member, past member of Board of Directors, 2002-2004, Education Committee Chair and ADR Committee Chair.
• Oregon Association of Administrative Law Judges (OAALJ), current Board member.
• National Association of Hearing Officials (NAHO).
• Non-lawyer member of OSB Administrative Law and Construction Law Sections.
• Oregon Mediation Association (OMA).

PROFESSIONAL PRESENTATIONS

• Oregon State Bar Construction Law Section CLE, December 2004, 2006, 2008 and 2010;
• 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;