Ernest C. Brown, Esq., P.E., Mediator/Arbitrator. Mr. Brown is a construction mediator and arbitrator for the National Panel of Arbitrators and Mediators of the American Arbitration Association. Over his 25 years of U.S. and international construction dispute experience, he has resolved more than 2,500 cases, including negotiations, mediations, arbitrations, dispute review boards, jury trials and appeals. A licensed civil engineer and attorney, Mr. Brown’s experience includes private and public projects, including airports, schools, bridges, highways, water and waste systems, pipelines, construction delay and disruption, surety, insurance coverage, bankruptcy and complex financial workouts.
Mr. Brown has served as legal counsel for large domestic and international projects including the Carquinez Suspension Bridge Project ($250 Million), John Wayne Airport ($340 Million), Anaheim Arena ($100 Million), Orange County Performing Arts Center ($40 Million), the Bay Area Rapid Transit System (BART), the Los Angeles MTA, and the Saudi Petrochemical Project ($3.4 Billion), as well as many other industrial petrochemical, roadway, bridge and sewage treatment projects. He also spent four years as Corporate Counsel with Fluor Corporation, engaged in contracts and dispute resolution on domestic and international projects.
Mr. Brown is the author of California Public Works: Risk Management & Dispute Resolution (3rd Ed. 2003), California Infrastructure Projects (2008), and co-author of several course manuals, Architect Engineer Malpractice (Federal Publications) and Architect-Engineer Liability Under California Law (Cambridge Institute). He is a regular speaker for the American Arbitration Association, the California Bar Association and various construction industry and public agency groups.
Mr. Brown studied Civil and Environmental Engineering at the Massachusetts Institute of Technology (1975). He completed advanced degrees in Construction Management and Law from the University of California, Berkeley and studied International Law at Harvard Law School.
Jack W. Fleming. Mr. Fleming is a partner in the Orange County office of Musick, Peeler & Garrett LLP, where he serves as Chairman of the firm’s construction law practice. He specializes in construction and real estate litigation.
Throughout the past 30 years, Mr. Fleming has handled numerous claims involving commercial, residential and public works construction projects. He has presented and defended cases involving issues related to construction defects, soil subsidence, extra work directives, design defects, delays, acceleration and default terminations. He has been personally involved in a wide variety of construction projects, including bridges and highways, university and government buildings, subway and light rail construction, power plants, hospitals, prisons, convention centers, airports, parking structures, hotels and office buildings.
Mr. Fleming has had significant experience as a mediator of construction disputes. His background in engineering provides an added dimension, which enables him to provide incisive advice and input in the dispute resolution process. Mr. Fleming is also a member of the National Panel of Construction Arbitrators for the American Arbitration Association. He is a member and past chairman of the Associated General Contractors Legal Advisory Committee. He is admitted before all state and federal courts throughout the State of California.
An accomplished writer, Mr. Fleming has written for a variety of publications and manuals. Mr. Fleming holds a B.S. in Industrial Engineering from the Univesity of Michigan and a law degree from Cornell University.
Edward B. Lozowicki. Mr. Lozowicki is a partner in the Construction, Environmental, Real Estate and Land Use Practice Group in Sheppard Mullin’s San Francisco office. Mr. Lozowicki has more than 30 years’ experience in construction and energy law and litigation, public utility regulatory proceedings, and complex commercial litigation. He has tried numerous cases before federal and state courts and administrative agencies. Additionally, Mr. Lozowicki has acted as an arbitrator and advocate in a large variety of domestic and international arbitration cases, including construction claims, energy claims and real estate and commercial disputes.
In the construction industry, Mr. Lozowicki represents contractors, subcontractors, owners and developers on diverse private and public projects involving disputes over delay, disruption, acceleration, extra work, changed conditions, construction defects, mechanic’s lien and bond claims, bid protests, and other matters.
Mr. Lozowicki’s project experience includes highways, bridges and undersea tunnels; nuclear, geothermal, hydroelectric, fossil and cogeneration power plants; oil pipeline and power transmission lines; prisons, hospitals, schools and other institutional structures; refineries, chemical and industrial plants; high-rise office, apartment and condominium projects; military bases, ship-building and missile projects. In his early career, Mr. Lozowicki was corporate counsel to an international construction/building products company where he gained hands-on experience in the construction and energy industries. Mr. Lozowicki received a Juris Doctorate from the University of Santa Clara.
