Joseph P. Hogan currently serves as the Vice President of Building Services for the Associated General Contractors of New York State (AGC NYS), a chapter of the AGC of America. For more than 38 years, he has worked as a liaison for AGC NYS members before public and private construction owners, architects, engineers, and subcontractors. He has also authored or helped advance laws governing the construction industry in New York State.
In addition, Hogan regularly reviews and provides commentary on contract documents, as well as project delivery and procurement issues. He pioneered the use of partnering in New York State and has facilitated partnering and team-building efforts on more than $12 billion in construction projects throughout the state, including bridges, tunnels, dams, courthouses, schools, universities, border stations, and military facilities. We asked him how his expertise informs his approach on the American Arbitration Association® Construction Panel.
Q. What types of construction disputes do you typically handle as an arbitrator or mediator?
While, given my position at AGC NYS, I typically get smaller, residential cases, I engage in dispute resolution in some capacity through my role as project alignment/partnering facilitator. In some cases, I am asked to mediate disputes that pre-date my involvement with the project, but, more commonly, I serve as a sounding board on issues that occur going forward on those projects.
Q. What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Construction Panel?
I believe strongly in the importance of having non-lawyer construction and design professionals engaged alongside the lawyers in the ADR process.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Pay very close attention to all communications – formal and informal – that may be pertinent to the matter at hand. For e-mail communications, go very deep in the string of emails related to the matter.