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  • Description

    Litigating construction lawsuits are adversarial processes at their core. Yet the American Bar Association has nevertheless established Model Rules of Professional Conduct, offering guidance for lawyers’ conduct in the course of “seek[ing] a result advantageous to its client but consistent with requirements of honest dealings with others.”

    The ethical standards outlined apply both to the interaction between a counsel and the representation of their client as well as to the retention and communication with an expert witness and any attempts to seek disqualification of experts retained by opposing counsel.

    This CLE course will explain these guidelines and the extent to which the attorney/expert relationship is covered under case law. The course will also address actions that may impact the expert witness report and testimony to be introduced at trial.

  • Instructor Bio

    Jeffrey Kozek

    Jeff Kozek is a licensed attorney in NJ and PA and a member of the New Jersey Bar Association’s Construction Law Section, and is also a member of the American Bar Association’s Public Contract Law Section and Forum Committee on the Construction Industry. Mr. Kozek, a Certified Forensic Claims Consultant and author of many articles on topics involving construction dispute resolution, has performed project management support services and construction claims analysis for over 40 years, often serving as an expert witness.

    Mr. Kozek has lectured both domestically and abroad, to professional organizations, companies and groups, and to the general public on the topics of project delivery systems, equitable adjustments, construction claims avoidance and dispute resolution, critical path method scheduling, delay and disruption analysis and damages.

    Kozek and Gallagher are Principals of Resolution Management Consultants, Inc. (RMC), a nationally recognized consulting firm formed in 1993 by veterans in the construction, contracting and engineering professions and headquartered in Marlton, NJ. RMC has assisted numerous private owners, public agencies and contractors in either achieving project goals through planning and management or resolving cost and time disputes between the contracting parties that can arise throughout the design and construction process.


    James Gallagher

    Jim Gallagher is a Professional Engineer licensed in 15 states, and a Fellow of the American Society of Civil Engineers (ASCE), where he serves as Chairman of the Highway Construction Committee, a member of the Transportation Research Board’s (TRB) Committee on Contract Law, and a member of the Associated General Contractors of America (AGC), where he serves on the Construction Management at Risk (CMAR) Taskforce and Liaison Group Committee.

    Mr. Gallagher has over 34 years of hands-on-experience in contract development, construction/project management and construction claims prevention and resolution, has served as an expert witness in multiple matters and delivered presentation and training seminars on various topics including alternative project delivery systems and minimizing and managing risks and disputes throughout the design and construction process.

    Kozek and Gallagher are Principals of Resolution Management Consultants, Inc. (RMC), a nationally recognized consulting firm formed in 1993 by veterans in the construction, contracting and engineering professions and headquartered in Marlton, NJ. RMC has assisted numerous private owners, public agencies and contractors in either achieving project goals through planning and management or resolving cost and time disputes between the contracting parties that can arise throughout the design and construction process.