42

Experience

Mediation and Arbitration

Luxury Private Historical Home, San Antonio, TX, Arbitrator. Mr. Boyken was retained by the parties to conduct an independent, objective and informed analysis of the respective claims and positions of the parties as they related to issues of entitlement, the amount of compensable costs and the impact of any compensable delays to both parties, and to make a determination as to a fair settlement for the dispute.

Savannah Conference CenterSavannah Civic Center, Savannah, GA, Arbitrator/Mediator. The Savannah Civic Center has an architecturally pleasing design, overlooking Savannah’s Riverfront and Landmark Historic District. The facility offers 330,000 square feet of beautiful waterfront views with 100,000 square feet of flexible exhibit space, 50,000 square feet of meeting space, including 13 meeting rooms and 4 executive ballrooms, a 25,000 square foot Grand Ballroom and a 367 seat auditorium. Mr. Boyken was retained by the Contractor and Chatham County to explore the sources of disagreement related to the construction of the $90M convention center. The dispute centered on the contract requirement of the contractor to provide accurate pricing information through the design period. The contractor had started construction based on the prior commitment for a cost of the work; however, that price increased during the design completion. The design firm and owner contended the design had not changed.

Toyota Manufacturing Facility, Blue Springs, MS, Arbitrator. Mr. Boyken was retained as part of a three (3) person American Arbitration Association panel for the contract dispute between the grading contractor and its subcontractor. The parties’ disagreement was over the volume of earth moved per contract requirements, miscellaneous work over the 500-acre site and related compensation. The $40.7M Project brought the first automotive green field assembly facility built by Toyota in Mississippi and the eighth of its kind in North America. Excavation of the site began in March 2008 and peaked with more than 2,000 construction workers by mid-summer that same year. The 1.4M SQ FT plant produces the Toyota Prius with an annual vehicle capacity of 150,000 units.

The Shoppes at CreekSide, Cashiers, NC, Mediator/Arbitrator. Mr. Boyken was retained by the parties to mediate the claims of defective work and necessary repairs to be made on commercial property, housing a restaurant, retail and an office building. During the mediation, each party made concessions to arrive at a list of specific corrective measures to be performed by the contractor and/or his subcontractors. Once the agreement was reached, Mr. Boyken was then retained as the arbitrator to determine whether the repairs were made in accordance to the agreement reached between the parties.

Hat Trick vs. J.M. Wilkerson Construction, Atlanta, GA, Arbitrator. Mr. Boyken was the AAA-appointed arbitrator for the contract dispute relating to the renovations of a restaurant and bar located in downtown Atlanta.

CONTACT DRB CONSULTING, LLC

6160 Peachtree Dunwoody Road, Suite B-200
Atlanta, GA 30328
Direct Line 678-615-2901

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