Serving the Construction and Legal Industries since 2005
Barbara A. Res is a 40 year veteran of the Construction and Real Estate Development Industries. She is a licensed Professional Engineer and a member of the New York and New Jersey Bars. She has served as an arbitrator and mediator on the American Arbitration Association’s Construction Panels for 15 years. She has also served as a mediator on the New York Supreme Court Commercial case panel and on the New Jersey Superior Court panel.
Res Solutions offers dispute resolution and claim evaluation services at every juncture of a dispute. The following are some of the categories of services offered:
PRE-DISPUTE
In order to resolve a dispute early in the process, it is necessary that the positions be properly evaluated by an impartial outsider who understands the subject matter and also the psychology of the participants in the dispute. Res Solutions will look at the circumstances and evaluate both the equity of the matter and also the condition of the case. Barbara A. Res has been involved in cases where it is apparent that they could have been settled, if the parties better understood the position of both sides of the dispute and the relative perception of how it would be adjudicated.
MEDIATION
Mediation is a process that is being employed by the courts to reduce the number of cases going to trial. It is also being incorporated regularly into contracts as a mandatory step before arbitration or litigation. In fact, mediation is a very effective way to solve disputes and can save a tremendous amount of time and money, as well as salvage relationships. Barbara A. Res will serve as a mediator in any type of construction dispute and can bring about a resolution provided that the parties are predisposed to settlement.
ARBITRATION PREPARATION
Vetting documents and selecting exhibits.
Construction cases are complicated and it is necessary to understand what is contained in the documents to evaluate their importance. This work often cannot be done properly by someone who is not a practitioner in the construction field. It involves reviewing letters, plans and specifications in connection with their relationship to the basic contract. It also requires an understanding of the weight of the various players, such as project managers, job captains, mechanical superintendents,, subcontractor’s foreman, etc, to be able to ascertain the importance of an action or suggestion by them, in the form of plan change, letter or directive. Barbara Res has over 30 years of broad experience which guarantees that she can do this work, or assist in this work, with speed and great accuracy.
Selecting experts
The quality of expert you select to appear before an arbitration panel can be very different from what you want in a person appearing before a jury. Often the kinds of attributes that might impress a jury will have the opposite effect on a panel of experts. Res Solutions can assist in predicting what the panel will want to see in the way of experts, what they will want to hear in the testimony and how the panel will most likely react to specific individuals. This also applies to the types of exhibits the expert will present as well as his or her credentials. Again, a document that appears polished and comprehensive to a jury, may just look like a slick computer presentation to a construction pro.
Selecting and preparing witnesses
As with experts, the arbitration panel will react differently from a jury in evaluating the witnesses. Being experienced in construction, the panel will know exactly who should be testifying to what facts, and will note not only the appearances, but also who is missing. It is not only important knowing the information you need to present but also the most appropriate witness to provide it. Res Solutions will help you select the right witnesses and fill in the gaping holes.
Preparing questions for examinations
Depositions are rare in arbitration so you most likely will only get one bite at the apple. Also, you will be hearing the answer at the same time as the person or persons deciding the case. You need to be able to reasonably predict what the witness will say and you need to have documentation ready to refute the testimony in the event the witness lies. This is an area where Res Solutions’ contribution can be invaluable.
Final documents
Once the testimony is over, Res Solutions can assist with preparation of the final arguments, and answering those of the other side.
LITIGATION PREPARATION
As with arbitration, understanding the material and the players is essential to selecting exhibits. The company’s greatest value in litigation is vetting documents and assisting with preparation of questions for the depositions and then evaluating the answers and helping to prepare for cross examination at trial. While available to provide expert testimony, Res Solutions’ highest and best use is working behind the scenes. Also, Res Solutions can assist in the preparation and evaluation of closing arguments.
OTHER SERVICES
Contract and Lease Review
Review of documents prior to performing work, or entering into a lease to insure that they are fair and not one sided. During construction, review of payment schedules and change orders.