Risk Management & ADR

TPS is well suited for assignments involving contracts, dispute resolution, insurance, and risk management.

Contracts.  Tom has drafted, reviewed, and negotiated numerous construction contracts in all delivery models, including prime, subcontract, joint venture, design, and professional service.  He assisted in development of industry-standard contracts, as member of the AGC Contract Documents Committee and a participant in the ConsensusDocs and DBIA contracts programs.  He has co-authored a chapter in a book on industry contract forms.

ADR.  Tom is available as a neutral for construction or other business disputes.  He can serve as arbitrator, mediator, project neutral, or Dispute Resolution Board (DRB) member.  He is a member of the Roster of Neutrals for the American Arbitration Association (AAA); specifically, he is an approved arbitrator on the Commercial Panel with designated capability in multiple areas, including large complex construction cases.  He has considerable additional experience with Alternative Dispute Resolution (ADR) from the attorney and client decision-maker perspectives.  He has lectured for the AAA national construction program, and has been a Member of the AAA Construction Advisory Committee in Michigan.

Dispute Management.  As a licensed attorney, Tom personally handled complex construction and insurance-related litigation.  He has managed and made settlement decisions on numerous claims, including construction defect, change order, payment, and personal injury disputes.

Risk Management.  Tom's experience with insurance, surety, and risk management matters includes the following:

  • Established and served as chairman for Cayman-based captive insurer; developed performance criteria and goals for captive program; achieved favorable loss ratios and financial results
  • Liaison with national and international insurance and surety markets, including US admitted and specialty lines, UK, Switzerland, and Bermuda insurance markets; responsible for business relationship with two largest sureties in US market
  • Developed and/or improved processes in numerous corporate programs for risk management, including:
    • Project selection (go/no go)
    • Project risk-review
    • Contract review
    • Signature authority

  • Formulated plans for mitigating major project risks, including EPC combined-cycle power plants and professional sports stadiums
  • Experience with standard construction insurance including Workers Compensation, General Liability, Professional Liability, Pollution Liability, and Builder's Risk, plus specialized construction insurance products including OCIP, CCIP, Subguard, and Efficacy coverage
  • Managed professional liability exposures for construction, architecture, and legal firms
  • Developed and taught numerous risk management classes

Note: Although Tom is a licensed attorney in good standing in the State of Michigan, the focus of TPS is on business services; if you have a specific need for legal services, Tom takes on select legal matters through his separate professional services entity, Tom Porter Legal PLLC.  See:  Legal Services

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