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.
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.
Writing and Teaching
“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 College of Construction Lawyers, Winter 2013
“Professional Liability Policies 101”, Construction Today, August 2012
“DRB’S Offer a Proactive Approach to Dispute Avoidance/Resolution,” Engineering News Record, September 2012
“The Subcontract Contingent Payment Clause: How Does it Affect the Construction Industry?” Florida Bar Journal, 2012
“How to Effectively Represent Your Client in Mediation,” moderator, JAMS and Broward County Bar Assn. sponsored seminar, :Ft. Lauderdale, FL, October 5, 2012
“Construction Law Update” presentation for University of Miami Law School Ralph E. Boyer Real Property Institute, Coral Gables, FL, October 24, 2012
“Dispute Review Boards” presentation with co-presenter Deborah Mastin, Esq.
The Florida Construction Law Manual originally published by Shepards/McGraw-Hill (1981), now published annually by Thomson-Reuters (West Group), which text is also on-line as a part of the Westlaw Florida Practice Series (Volume 8).
The Florida Construction Lien Law and Payment Bond Primer, (1999, 2003, 2008).
The chapters on construction contracts, construction liens, and payment bonds in The Contractor’s Manual published by Associated Builders and Contractors, which is a listed text for Florida state construction industry licensing examinations;
“Licensing for Construction: A Legal Mechanism of Control” in Comparative Studies in Construction Law: The Sweet Lectures, published by Construction Law Press, London, UK (1996);
“1998 Changes to Public Works Bonds and Construction Lien Law”, Florida Bar Journal (1999);
“Contractual Indemnity in Construction for Your Own Negligence – What Year Is It?,” Florida Bar Journal, (July/Aug 2003);
“How to Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes,” Florida Bar Journal, (Feb 2009) with co-author Steven B. Lesser.