Thomas Rossi

Mediation 

Member of the American Arbitration Association's Commercial and Construction Panels of Mediatiors (1993) and Mediator for New York State Supreme Court, Commercial Divisoon (2002).  Served as mediator on more than 275 matters principally involving commercial, construction and design, corporate dissolutions, employment, insurance, partnership, professional malpractice, property damage, real estate, trust and estates and general commercial matters including numerous complex multi-party disputes.

Claims have included dispute concerning a major structural failure on a new building construction project in Manhattan; dispute between joint venture partners over cost overruns and alleged over billings on a municipal infrastructure project; dispute between family members concerning decedent’s estate and claims of misuse of POA; dispute between university and its construction manager and major subcontractor over delays and design deficiencies concerning the construction of a new academic building; dispute between three adjoining owners of two landmark properties over an alleged easement for waste, water and gas pipes; dispute between key employee and employer over calculation of bonuses due under an employment contract; multi-party dispute between municipality, contractor and design professional concerning waterfront renewal project; multi-party (18) dispute between owners of adjoining properties, contractors, subcontractors and design professionals concenring structural failure during construction of new building and breach of license agreement; dispute between general contractor on a New Jersey highway restoration project and manufacturer/supplier of prefabricated components; dispute between contractor and owner concerning design deficiencies and cost over-runs in connection with the construction of a multi-story medical facility; multi-party dispute between shopping center developer, general contractor and several subcontractors concerning new construction and renovation of existing suburban shopping center; dispute between a real estate developer, construction manager and end-user/box retailer concerning a new development in Queens County, New York; dispute between two A/E firms over fees concerning a large NYC municipal project; numerous claims between owners and design professionals over alleged design deficiencies and professional malpractice; multi-party claim concerning a structural failure at a casino renovation project; numerous disputes involving luxury housing; dispute between a contractor and a consulting engineering firm concerning selection and design of a tower crane for a new high-rise construction project; dispute between a developer and an architectural firm concerning alleged over-design in violation of zoning ordinance of a project rejected after construction by municipality after audit; dispute among multiple family members/owners concerning the dissolution of a business and distribution of its assets; dispute between a steel fabricator and a design-build contractor concerning a public works project; dispute between an owner and a design-build contractor concerning the construction of a new sports facility; a dispute between owner/developer of food distribution center and engineer over design of a new warehouse/distribution center; a dispute between developer and manufacturer of prefabricated storage facilities over new construction/erection project; a dispute between the buyer and seller of a service provider concerning valuation of existing contracts; several disputes concerning commercial property damage claims; dispute between owners of high end condominium project, contractors and design professionals over structural failure of interior ceiling system; multi-party dispute between owner, construction manager, general contractor and numerous subcontractors concerning construction of a new suburban hotel; dispute between contractor and owner over renovation of landmarked NYC hotel; dispute between real estate developer and foreign manufacturer concerning sale and installation of highly-complex medical imaging equipment; multi-party (6) dispute concenring lateral support of adjoining structure and major failure and damages to adjoining property; multi-party (9) dispute concenring damage to adjoining structure during construction of new building and breach of license /access agreement 

Arbitration

Fellow of the Chartered Institue of Arbitrators.  Member of the American Arbitration Association's Commercial and Construction Panels of Arbitrators (1989) and served as chairperson and panelist on more than 200 disputes including numerous large and complex construction, design, government contract, real estate, partnership, insurance, property damage, international sales, and employment disputes.  Construction projects include industrial, transit facilities, schools, highway, universities, bridge, health care facilities, medical imaging facilities, performing arts facilities, office buildings, affordable housing, high-end retail, sports complexes, high-end residential. 

General commercial disputes have involved international sales contracts, business dissolutions, partnership disputes, employment contracts, government contracts, insurance, real estate development disputes, property damage claims.   

Law Practice 

Over 35 years of experience as civil trial attorney and commercial practitioner with a concentration in commercial, construction, design, government contracts, real estate, trusts and estates and labor & employment.

Construction & Design:  Representation of contractors, subcontractors, design professionals, owners, sureties, and insurers involving public and private projects. Projects included industrial, infrastructure, bridges, schools, affordable housing, sports facilities, museums, hospitals, medical, performing arts auditoriums, office, retail, and high-end home construction.  Disputes involved changed conditions, complex delays, design defects, A/E and surveyor malpractice, subcontractor claims, convenience and default terminations, labor, licensing and responsibility, surety bond claims, and lateral support of adjoining structures.

Real Estate:  Represent owners and real estate related business entities in real estate disputes concerning sales, leasing, mortgages, property damage claims, and valuations; representation of title insurance companies and their insureds in title claims litigation; transactional real estate matters concerning commercial and residential sales/purchases, financing and leasing matters

Labor & Employment:  Drafting and negotiation of employment contracts; defend and prosecute claims of employment discrimination; prevailing wage disputes; FLSA/state law labor violations

General Commercial and Corporate:  Serve as general counsel to a variety of businesses including manufacturers, professional services firms, real estate professionals and construction and design firms; forming corporations and LLCs, negotiations and preparation of shareholder agreements, LLC operating agreements, buy/sell agreements, contracts for the sale of businesses; contested trust and estates matters including will contests, misuse of powers-of-attorney, contested accountings

Teaching

Adjunct Professor of Law - St. John's University School of Law (2014-present)

• May 1982 Fordham University – BA (English)
• May 1985 St. John’s University - JD

ADR Training 

2022 Joint Colloqiuim on International Arbitration; 2021 AAA-ICDR Panel Conference; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; "Virtual Hearings - Best Practices for Arbitrators - Zoom Functionality"; ACE20 - Cyber Security: A Shared Responsibility, 2020; ICDR Arbitration Track - ILS Global Forum on International Law, February, 2020; Harvard Law School Program On Negotiation - "Negotiation & Leadership" May 13-16 2019; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; ACE18 - Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; NYS Supreme Court - Advanced Commercial Mediaiton - 3-Day program 2018; AAA Construction Conference: Navigating the Unique Aspects of Construction Arbitration, 2017;AAA Ethical Considerations for Arbitrators, Mediators and Advocates, 2016; AAA Litigant Psychology, 2015; AAA The 31st Annual Joint Colloquium, NY, 2014; AAA Webinar, Managing ESI Exchanges in Arbitration- Preparing Yourself for the New Landscape and New Challenges- Part 1, 2014; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2013; AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012; AAA/ICDR Neutrals Conference, 2012; Building the Construction Arbitration Process to Optimize its Advantages, Using Technology More Effectively to Manage Large, Complex Cases; AAA Advanced Mediator Training, 2011; AAA Construction Conference: ADR Works, 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2006; AAA Arbitrator Ethics & Disclosure ACE03, 2005; AAA Annual Arbitrator, Update 2003; AAA Construction Industry Arbitrator II Training, 2002; AAA Construction Arbitrator Training, 1997; AAA Arbitration Training; AAA Mediation Training 

Proficient running virtual hearings and conferences via ZOOM and other platforms and willing to serve in-person

• Fellow, Chartered Institute of Arbitrators
• New York State Bar Association; Commercial and Federal Litigation and ADR Sections
• Member NYS Grievance Committee for the Second, Eleventh & Thirteenth Judicial Districts - March 2014 to February 2021
• NYC Community Planning Board 5 - Member of Board and Land Use Committee 2000-2014
• Columbian Lawyers Association - Past President, Current Member of Board & Chair of Scholarship Committee

Please call for details

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