CIEN E4132: Prevention and Resolution of Construction Disputes

Course Overview

This class explores the unique challenges faced by the construction and design industries, which are particularly prone to frequent and diverse disputes. These conflicts often arise during active projects that require progress and timely completion. 

The course provides a comprehensive overview of the various dispute resolution methods available to these industries, emphasizing strategies to manage and resolve conflicts efficiently while minimizing disruptions to ongoing work. Topics covered include mediation, arbitration, litigation, dispute boards, alliance, neutral evaluation, the participation of experts, and third-party expert evaluation. By understanding these mechanisms, industry professionals can better navigate disputes, ensuring projects stay on track and disputes are handled effectively. 

Through this course, you will learn how to identify potential conflicts early on and introduce fundamental strategies for effectively managing disputes in a manner favorable to all parties involved. The aim of this course is to equip you with the tools to resolve disputes amicably before they escalate into conflicts that could jeopardize the project’s success and schedule.

Course Instructors

Gregory H. Chertoff

Adjunct Professor & Co-Managing Partner of Peckar & Abramson’s New York office

Gregory H. Chertoff is the Co-Managing Partner of Peckar & Abramson’s New York office and a member of the firm’s Executive Committee, specializing in construction law. He advises general contractors, construction managers, and owners on contract negotiations and dispute resolution, emphasizing negotiation, mediation, and litigation. Greg handles claims related to breach of contract, construction defects, liens, and insurance issues for major contractors on various projects. He also focuses on troubleshooting difficult projects before disputes arise and has extensive experience representing clients in state and federal courts. He is an Adjunct Professor in Columbia University’s School of Civil Engineering and Engineering Mechanics, teaching a course titled: Preventing and Resolving Complex Construction Disputes. 

Denis Serkin

Adjunct Professor, Partner and Chair of the International Practice at Peckar & Abramson

Denis Serkin, a partner and chair of the International Practice at Peckar & Abramson, provides guidance to clients involved in various construction projects. These projects span a wide range, including power/energy generation, pipelines, general infrastructure, commercial, industrial, and manufacturing facilities. Denis has a wealth of experience in resolving disputes, both internationally and domestically, through arbitration and litigation in U.S. federal and state courts. In addition to his dispute resolution expertise, Denis assists clients in drafting and negotiating construction agreements using both custom and industry standard forms. He also shares his knowledge as an Adjunct Associate Professor at Columbia University’s Department of Civil Engineering and Engineering Mechanics, where he teaches a course on Prevention and Resolution of Construction Disputes. Before embarking on his legal career, Denis served as a project engineer at a government agency, overseeing numerous projects from design and procurement to construction.