Larry R. Leiby

Mediator, Arbitrator,
Umpire & Special Master
1300 Sawgrass Corporate Parkway
Sunrise, Florida 33323

954-895-9198



Areas Of Practice

Commercial
Condominium
Construction
Contract
Corporate
Employment
Engineering
Government
Professional Liability
Real Estate

 
 


Mr. Leiby resolves cases. He enjoys the challenge of developing the case with the parties so that they are ultimately moved to agreement by their own assessment of what happened and what could happen. Pointed questions are asked. Positions are explored. Alternatives are suggested. In rare cases a postponement may be appropriate to allow parties to exchange more information, test a theory, speak to witnesses, or sometimes just cogitate on what has been learned. But the goal of exposition of the positions and interests is to fully facilitate a settlement, or have the parties decide that a decision by a third party may be their best alternative, is always in sight. If it is the latter, suggestions are made for expeditious third party resolution. Having been involved in resolving construction and commercial disputes since 1973, and having written and taught on construction law and commercial disputes since 1981, the experience are a benefit. He has been involved in resolving the following types of disputes:

Construction and/or design defects; delay and acceleration; contract performance and interpretation; surety issues – payment, performance, and indemnity claims; construction insurance coverage issues; construction liens; bidding issues. The types of projects he has been involved in include: Condominiums, shopping centers, hospitals, luxury residences, docks, quarry, wastewater treatment plants, commercial buildings, adult congregate living facilities, casinos, roads, bridges, lakes, demolition, excavation and fill, structure, mechanical, electrical, and roof issues, partnership disputes, public private partnerships, employment disputes.

Mr. Leiby has served as a mediator, arbitrator, insurance valuation umpire, and as a special master for the Circuit Court in Miami-Dade County. He was one of the training faculty training construction arbitrators for the AAA (1996-1997). He is a Florida Supreme Court Certified Circuit Court Civil mediator. He is certified as a mediator by the International Mediation Institute.

Professional Organizations

He is a fellow in the College of Commercial Arbitrators. He is a member of the Association for Conflict Resolution construction panel, ABA Alternate Dispute Resolution Section, the ABA Forum Committee on the Construction Industry, Florida Bar Construction Law Committee, Broward County Construction Law Committee, Miami International Arbitration Society, Construction Dispute Resolution Service, and Dispute Resolution Board Foundation. He teaches construction law as an adjunct professor at Florida International University College of Law. He teaches CLE courses for lawyers on arbitration, mediation, and construction law topics.

Arbitration

Mr. Leiby has served as an arbitrator in many construction and commercial disputes, after having participated in hundreds of arbitration proceedings as counsel. Arbitration has many advantages over litigation, particularly time to reach final hearing and having a trier of fact that has experience in the subject matter, which can save time and minimize the opportunity for confusion that can occur with either a jury or a judge who are not experienced in construction law.  Mr. Leiby has been elected a Fellow in the College of Commercial Arbitrators and is a AAA Master Arbitrator.  Mr. Leiby was on the AAA training faculty to train construction arbitrators in 1996-7.

Initial Decision Maker

You may name me in your contract as your initial decision maker for expedited handling of disputes that arise during the performance of construction contracts.

Dispute Review Boards

All members of LAB ADR Group, LLC are prepared to serve on a dispute review board or dispute adjudication board  in connection with contracts being performed that provide for such a board.

Mediation

Use our experience and training to reach a client driven resolution to your commercial and construction disputes.

Property Insurance Umpire

Where casualty insurance policies cover buildings and provide for a neutral umpire evaluation (in the nature of arbitration) such neutral services are available.

Neutral Case Evaluation and Mini Trial Evaluation

On larger cases some construction counsel wish to do a “dry run” of their trial position, either by discussion or by a mini-trial. The neutral case evaluation is to obtain feedback on positions, best ways to present points, and what may be effective or not effective in the presentation of positions. While typically trial counsel are capable to determine how to present a complex construction case, in some instances such counsel have found it valuable to bounce the positions and presentations off of other experienced neutrals to confirm their presentation methods.

Special Master



You may choose to have Mr. Leiby serve as a special master to expedite your case with respect to discovery issues, any motions that counsel would choose to submit, for attorney fee resolution, or for final hearing. This is a method to take some time pressure off of the trial court and obtain timely decisions from someone with Mr. Leiby’s experience

Private Trial Resolution Judge

If you like the concept of getting a speedy final hearing and a trier of fact who has knowledge in construction, but you prefer using the rules of evidence and having full right of appeal, distinctions from arbitration, you may choose to stipulate in a filed case to have Mr. Leiby serve as a private trial resolution judge pursuant to Fla. Stat. 44.104. In such proceedings the private trial resolution judge must follow the rules of evidence, may make preliminary rulings and a final decision. The court clerk is the repository for documents. Where there is a final decision such decision may be made into a final judgment of the court upon motion to the court where the action is pending. There is full right to appeal like any judicial decision.

1300 Sawgrass Corporate Parkway
Sunrise, FL 33323

P: 954-895-9198
E: [email protected]
Writing and Teaching
9/18/2015 2:03:43 PM
Description: “The Interaction between Arbitration & Construction Lien Enforcement”, AAA Dispute Resolution Journal, Volume 66, Number 2, May-July 2011 “Class Arbitrations Under Attack – But Survive”, Journal of the American