Roger Brodman always had an interest in construction. His father was a civil engineer, and he grew up around the construction industry. Plus, he has an engineering degree.
Before becoming a judge in 2007, his private practice was primarily devoted to construction and real estate issues. He represented owners, design professionals, general contractors, and subcontractors. He was once Chair of the Arizona State Bar Association’s Construction Law Section. He co-founded a firm with Michael Holden (Holden Brodman, PLC), which is now Holden Willits PLC, a premier construction law firm in Phoenix.
While a judge, he spent six years as a member of Maricopa County’s Commercial Court, which is a specialty court devoted to business-on-business litigation. Many of those cases involved construction disputes. 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?
The cases I see most frequently are owner/contractor disputes concerning high-end residential construction.
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?
First, I enjoy construction issues. Second, I think my background gives me more knowledgeable objectivity than most.
Q. Are you noticing any emerging issues or trends in construction cases coming to arbitration?
Nothing that is truly new. Projects take longer than expected, had changes of disputed origin, and cost more money than anyone imagined.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Trying a case in front of an experienced construction arbitrator is not like trying a case to a jury. I generally know what the legal issues are and have a basic understanding of construction concepts. For example, I don’t need a lengthy factual explanation of the differences between pre-stressed and post-stressed concrete.