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Robert J. Smith
Robert J. Smith
Partner 
One South Pinckney Street
Suite 700
Madison, WI 53703
 
Tel:
608.257.5352
Fax:
608.257.2029
 
 

Robert Smith has over 30 years of experience in the prevention and resolution of disputes in the construction industry, and he is a past president of the American College of Construction Lawyers. Bob is widely sought after for his civil engineering background and extensive experience in the Dispute Resolution Board process, having served on over 80 such boards in the past 23 years. Throughout his practice, he has advised public and private owners, architects, engineers, and contractors on a wide range of contract drafting, review, and negotiation matters and represented them in the arbitration and litigation of complex disputes. Bob is also internationally known for his knowledge of risk identification and allocation, the integration and application of construction contracting best practices for major construction projects of all types, and the prevention of disputes.
 
Representative Experience
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Representation of Fortune 50 PRP, providing advisory services relating to procurement procedures and contracting drafting for a 9-figure sediment remediation project which includes dredging and construction and operation of landside processing and transportation facilities.
 
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Former outside counsel to the Engineers Joint Contract Documents Committee (EJCDC, a joint venture of the American Society of Civil Engineers, the American Council of Engineering Companies, the Associated General Contractors of America, and the National Society of Professional Engineers.)
 
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Numerous multi-million dollar design and construction defect lawsuits involving process facilities, infrastructure, and structures.
 
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Construction Law Advisor to Program Manager of a $2.3 billion wastewater conveyance, storage, and treatment program.
 
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Lead counsel of a six-lawyer team, defending claims totaling $100 million asserted against a Fortune 50 corporation on a $525 million project.
 
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Consultant on dispute resolution procedures for infrastructure projects in Bangladesh, Botswana, India, and Madagascar.
 
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FIDIC (International Federation of Consulting Engineers) representative to UNCITRAL (United Nations Commission on International Trade Law) Procurement Working Group
 
 
Dispute Resolution Board Experience
 
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Served as Chairman or Member of 80 dispute review or adjudication boards and arbitration panels on over $13 billion worth of bridge, tunnel, highway, and dam construction projects (international and domestic).
 
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Served as Member of Dispute Board for $1.1 billion New York City Subway Tunnel Project.
 
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Served as Chairman of Dispute Review Board for $1.4 billion contract for East Suspension Span of the new San Francisco--Oakland Bay Bridge.
 
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Served as Chairman of Dispute Adjudication Board for $500 million hydro-electric project on the Nile River in Uganda.
 
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Served as Chairman of Dispute Adjudication Board for $400+ million Shaft and Intake Tunnel under Lake Mead, Nevada.
 
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Served as Member of Dispute Board for $200 million Dallas Area Rapid Transit Project.
 
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Served as Member of Dispute Board for $400 million Valley Metro Light Rail Project consisting of eight contracts in Glendale, Phoenix, Tempe, and Mesa, Arizona.
 
Awards & Recognition
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International Federation of Consulting Engineers (FIDIC), President's List of Approved Adjudicators
 
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University of Wisconsin, Recipient of Distinguished Alumni Award for "Service to Construction Worldwide"
 
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Dispute Resolution Board Foundation, Recipient of Mathews Award for "Dispute Board Excellence"
 
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The Best Lawyers in America 2007-2015, Listed in Wisconsin for Construction Law
 
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The Legal 500 2012-2014, Recommended for Real Estate & Construction - Construction
 
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International Who's Who of Construction Lawyers 2007-2010
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
 
Lectures on Construction Contract Best Practices and Dispute Resolution:
 
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Speaker at numerous dispute resolution educational programs of the American Arbitration Association and the American Bar Association Forum on the Construction Industry
 
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American Society of Civil Engineers, Hong Kong Section, Japan Section (Tokyo and Kobe), Thailand Group (Bangkok), and Indonesia Section (Jakarta)
 
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American Institute of Architects, Paris, France Chapter
 
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Canadian Tunneling Association
 
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Center for International Legal Studies, Salzburg, Austria
 
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Dispute Resolution Board Foundation, Budapest, Hungary and Istanbul, Turkey
 
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India Construction Law Association, New Delhi
 
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International Tunneling Association, Amsterdam, Stuttgart, Washington, D.C. and Vienna, Austria
 
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Kochi University of Technology, Japan
 
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Templeton College, Oxford University, England
 
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World Bank, Washington, D.C.
 
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Yonsei University, Seoul, Korea
 
 
Publications:
 
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International Construction Law Review 549, Author, "Allocation of Risk -- The Case for Manageability," 1996
 
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Avoiding and Resolving Disputes During Construction: Successful Practices and Guidelines, Contributing Author, Technical Committee on Contracting Practice of the Underground Technology Research Council, 1991
 
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Construction Dispute Review Board Manual, Co-Author, McGraw-Hill, 1996
 
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Tunneling and Underground Space Technology, Author, Vol. 9, "Dispute Review Boards for Tunneling Projects Using the ASCE Model," 1994
 
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1995 Proceedings of the Rapid Excavation and Tunneling Conference, Co-Author, "Dispute Review Boards: Current Status and Recommendations," 1995
 
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Proceedings of the World Tunnel Congress, Stuttgart, Germany, Author, "Dispute Review Boards: When and How to Benefit from a Successful Contracting Practice," 1995
 
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Preventing and Resolving Construction Disputes, Contributing Author, Center for Public Resources, 1991
 
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Quality in the Constructed Project, Chapter Author, 2nd Edition, American Society of Civil Engineers, 1999
 
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International Construction Law Review 40, Author, "Risk Identification and Allocation: Saving Money By Improving Contracts and Contracting Practices," 1995
 
Professional Memberships & Activities
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American Arbitration Association, National Construction Panel, Member; National Construction Dispute Resolution Committee, Member
 
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American Bar Association, Section of Public Contract Law, Past State and Regional Chair; Forum Committee on the Construction Industry, Contract Documents Division, Member
 
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American College of Construction Lawyers, President
 
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American Society of Civil Engineers, Fellow and Life Member
 
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CPR International Institute for Conflict Prevention and Resolution, Construction Advisory Committee, Construction Panel, Member
 
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Dispute Resolution Board Foundation, Co-Founder, Board of Directors
 
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International Chamber of Commerce, Commission on Arbitration, Task Force on Dispute Boards, U.S. Delegate
 
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International Federation of Consulting Engineers (FIDIC), Official Observer to United Nations Commission on International Trade Law, Working Goup I - Procurement
 
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International Tunneling Association, Working Group 3 - Contractual Practices, U.S. Delegate
 
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National Academy of Construction, Member
 
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University of Wisconsin, Madison, Associate Professor of Civil and Environmental Engineering; Adjunct Professor of Civil and Environmental Engineering
 
Related Professional Experience
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Professional Engineer
 
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U.S. Navy Civil Engineer Corps: Public Works Officer, Naval Air Station Saufley Field, Pensacola, Florida; Executive Officer, Construction Battalion Unit 201, McMurdo Station, Antarctica
 

Associated News, Events and Publications
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Robert J. Smith

Practice
Construction
Representative Clients
Engineers Joint Contract Documents Committee
Fortune 50 Corporation
Fortune 100 Corporation
ENR 200 Construction Management Firm
ENR 200 Engineering Firm
Education
J.D., University of Wisconsin Law School, 1974; cum laude
B.S.C.E., University of Wisconsin - Madison, 1967
Bar Admissions
Wisconsin
 
 
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