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Mediator Resume

FN-2274190 MN-2274190 LN-2274190, Esq.

FN-2274190 MN-2274190 LN-2274190, Esq.

Professional Summary

Thirty year construction lawyer and arbitration advocate, including contracting, project counseling and litigation and arbitration of construction disputes. Also regularly counsels clients with respect to ongoing construction projects (serving as project counsel) to draft and negotiate contracts, interpret contract terms, assert and defend claims and resolve disputes. Experienced trial lawyer and has served as lead counsel in numerous domestic and international arbitrations and litigation of construction disputes - several involving disputes greater than $1B. Former secretary and general counsel of Suffolk Construction Company. Acts as a mediator and arbitrator of construction disputes for the past 15 years.

Current Employer-Title

Cozen O'Connor - Member

Profession

Attorney, Arbitrator, Mediator

Work History

Member, Cozen O'Connor, 2022 – Present; Former Partner, Hinckley Allen & Snyder, 2016 – 2022; Former Vice President & General Counsel, Suffolk Construction Company Inc., 2015 – 2016; Former Partner, McElroy, Deutsch Mulvaney & Carpenter LLP (formerly Pepe & Hazard LLP), 1993 – 2015; Associate/Summer Associate, Melito & Adolfsen PC (and predecessor firm), 1995 – 1999.

Experience

Focuses exclusively on domestic and international construction litigation and dispute resolution, serving as advocate, arbitrator and mediator. As advocate, has represented general contractors (including several large international EPC contractors), owners, subcontractors subcontractors. Experience includes the following types of projects: power plants, oil & gas, cogen, oil refineries, oil terminals, hydroelectric power plants, offshore wind, onshore wind, LNG facilities, solar facilities, power transmission lines, schools, dormitories, prisons, chemical facilities, infrastructure, rail, bridges, tunnels, residential/condo, healthcare facilities, office/commercial buildings, and VDC/BIM. Also experienced with handling insurance coverage disputes arising out of construction projects, including builders risk, professional liability/E&O, general liability, additional insured and OCIP/CCIP issues.

Mediator Experience

Has extensive experience serving as an arbitrator and mediator of construction disputes both domestically and internationally through the AAA, ICDR, and other arbitral and mediation institutions as well as in ad hoc proceedings.

Representative Issues Handled as a Mediator

Representative issues include: payment disputes, change order and extra work disputes, technical claims, delays/disruptions, terminations (for cause and for convenience), intellectual property, third-party impacts, insurance issues, prompt payment acts (and other state-specific legislation).

Mediator Style & Process Preferences

Wendy generally meets with counsel at the start to set the procedural timetable for the mediation. This sometimes involves a preliminary (for mediation purposes only) exchange of documents and pre-mediation submissions tailored to the unique aspects of the dispute. Following submission of mediation briefs, Wendy typically meets with both parties (principles and counsel) separately in advance of the in-person joint mediation to better understand the details and dynamics of the dispute. Wendy can accommodate both in person and Zoom/Teams mediations, and is willing to travel wherever necessary to accommodate the parties. Wendy is an evaluative mediator, meaning that she will analyze the facts and issues and provide feedback to each party regarding the strengths, weaknesses and risks associated with that party's case and positions to aid the parties in evaluating their settlement posture. Wendy strives to complete mediations in one day (if possible), but can accommodate multi-day mediations as appropriate under the circumstances.

Technology Proficiency

Word, Excel, PowerPoint, Teams/Zoom, Relativity.

Education

Pace University School of Law (JD, magna cum laude, Valedictorian-1996); College of the Holy Cross (BA, Economics and Spanish-1993).

Professional Licenses

Admitted to the Bar: New York (1996), New Jersey (1997), Connecticut (1997), Massachusetts (2014), New Hampshire; U.S. District Court: Central District of Illinois, Southern, Northern and Eastern Districts of New York, District of New Jersey, District of Connecticut, District of Massachusetts, District of New Hampshire; U.S. Court of Appeals: Second and Third Circuits, Federal Court of Claims.

Professional Associations

American Arbitration Association (former AAA-ICDR Council Member; former Chair of the National Construction Dispute Resolution Committee); American Bar Association (Forum on the Construction Industry, Past Chair); Fellow; American College of Construction Lawyers; ABA, Tort and Insurance Practice; Section; International Bar Association, International Construction Projects; Committee; Professional Women in Construction (Connecticut Chapter, Past President; Past Board Member; Past Secretary and General Counsel); Lawyer's Collaborative for Diversity (Past Treasurer and Board Member); Women in Construction (Board Member); Chartered Institute of Arbitrators, Member (former Boston Chapter Co-Chair); Board of the Construction SuperConference; Girl Scouts USA (former National Board Development Committee).

Recent Publications & Speaking Engagements

Publications: Editor, Design-Build and EPC Contracting: A Practice Legal Guide (ABA Press, Aug. 6, 2024); Author, Book Chapter: Motion Practice in Arbitration; Client Alert, IRS Proposes Helpful Rules for Energy Tax Credits (Nov. 27, 2023); Article, Structuring and Laying the Foundation for an Effective Complex Construction Arbitration (June 23, 2023); Co-Author, The International Compendium of Construction Contracts, USA Chapter (May 10, 2021); Co-Authored Article, Follow the Money: Interpretation and Evaluation in a Forensic Schedule Analysis (Dec. 01, 2019). Speaking Engagements: Webinar, Legal Aspects of AI in Design and Construction (Feb. 24, 2026); United We Negotiate: Collaborative Strategies for Fairer Owner Contracts (AGC Surety & Construction Risk Management Conference, Jan. 27, 2026); Panelist, 2025 Construction SuperConference; Panelist, Selecting the Right Dispute Resolution Procedure (ABA Forum on Construction law, Sept. 4, 2025); Panelist, Society of Construction law - North America Conference (Jul 16, 2025); Panelist, Data, Documents and Discovery: Maximizing Efficiency with Ediscovery Tools (June 12, 2025).

Compensation

Hourly Rate: Not provided Daily Rate: $10,000.00 Study Rate: $900.00/hr Cancellation: $5,000.00/Day Cancellation Period: 30 Days Comment: Local travel time is not billed. Only out of town travel will be billed to the parties.

Languages

English

Citizenship

United States of America

Locale

Boston, Massachusetts