2205 Engineering Hall Tel: Engineering Drive Madison, WI

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1 Contact Information 2205 Engineering Hall Tel: Engineering Drive Madison, WI Program Affiliations Education Civil and Environmental Engineering Construction Engineering and Management Program UW Law School BA 1969, Philosophy, Cum Laude, Marquette University JD 1972, Cum Laude, Marquette University Law School Fields of Interest Mediation and Arbitration of Construction Disputes Unresolved legal issues in the Construction Field (e.g. Designer Liability vs. First Benefit) Selected Awards, Honors and Societies State Bar of Wisconsin: Business Law Section (Chair of the Information Technology & E-Commerce Committee), Construction and Public Contract Law Section (Board, ; Chair, ), Litigation Section, Fast Track Business Dispute Resolution Program Panelist; Reporter for State Bar's Real Estate Conveyancing Forms Committee (1981) American Arbitration Association: Commercial and Construction Arbitration and Mediation Panels. American Bar Association: Alternative Dispute Resolution Committee ( ); Business Law Section ( ), Construction Industry Section ( ), Science & Technology Section (Computer and Software Legislation Committee; Computers, Software and Business Innovation Committee; Information Security Committee; and Internet and Cyberspace Committee Task Force on Cyber Security & Privacy); Tort and Insurance Practice Section ( ) (Fidelity and Surety Law Committee) Construction Specifications Institute ( ) American Law Firm Association: Construction Industry Practice Group Steering Committee ( ) American College of Mortgage Attorneys ( ; Past Regent, Past State Chair) American Corporate Counsel Association ( ) American Land Title Association: Lender s Council ( ) AMICA Mutual Insurance Company and affiliates: Board of Directors and Finance Committee (1993-present), Audit Committee ( ), Compensation Committee ( ); Governance & Nominating Committee (2010-present) National Association of Securities Dealers: Board of Arbitrators New York Stock Exchange: Arbitration Panel American College of Mortgage Attorneys, State Chairman and Board of Governors ( )

2 Community National Bank, Mukwonago, WI, organizer, Board of Directors and Counsel ( ) U.S. District Court, Eastern District of Michigan: Admitted 2002 U.S. District Court, Northern District of Illinois: Admitted 2003 Wisconsin Governor s Blue Ribbon Commission on Year 2000 Preparedness ( ) Professor Aiken was chosen as one of the top 50 lawyers in Wisconsin, Wisconsin Super Lawyers Magazine, for 2006, one of the Super Lawyers in and one of the Top 10 Construction Lawyers in 2006 by The Daily Reporter. Registration/Certification, Instruction, and Presentations Registration/Certification Admitted to the Bar: State of Wisconsin (1972); U.S. District Court, Eastern and Western Districts of Wisconsin (1972) and Eastern District of Michigan (2002); Northern District of Illinois (2003); U.S. Court of Appeals, Seventh Circuit (1972) and Sixth Circuit (2004). Instruction CEE 491 Legal Aspects of Engineering LAW Construction Law (Seminar) Representative Construction Experience Defense of condominium developer in $8 million damage claim for multiple construction defects focusing on complex CGL coverage issues over sequential policy periods. Successfully prosecuted extras claims against Corps of Engineers on Pope Air Force Base construction project on behalf of general contractor's surety resulting in $3.2 million settlement. Successfully represented international design firm in defense and resolution of Miller Park Baseball Stadium s retractable roof extras and design defect lawsuit, Wisconsin s largest construction dispute involving a structural facility ($100+ million), including professional E&O and CGL project policy coverage claims against primary and excess carriers. Successfully resolved more than $250 million in construction claims through settlement, arbitration and litigation. Developed strategies for successful assertion of extras claims on the new Denver International Airport project. Developed a unique no-cost release for construction manager from O Donnell Park litigation. Reviewed and negotiated construction contracts during 1970's and 80's for atomic power plants, a $2M subcontract for an anaerobic waste water treatment plant, a rotary furnace subcontract for a new copper conversion plant, various subdivision developments and a broad range of commercial, residential and industrial projects, including $1.9M boiler plant subcontract for

3 $79M plant expansion and a 100,000 sq.ft. new plant and office facility. Served on multiple occasions as an expert witness on real estate development and construction litigation malpractice claims in state and federal courts, with 75% of cases settling following expert depositions. Publications Preparing for Mediation: What You Need to Know, Thomson Reuters/Aspatore, Construction Experts and Res Ipsa Loquitur: Bridging the Evidentiary Gap, The Construction Lawyer, Volume 30, Number 4, Fall 2010 Commercial Mediation in The United States, Studia luridica Caroliensia 4., 2009 Kapa Mátyás Contractor Coverage for Construction Claims Under CGL Policies: The Basics and Beyond, Tort Trial & Insurance Practice Law Journal (Spring/Summer 2009; Volume 44-3/44-4) Due Diligence in Arbitrator Selection: Using Interviews and Written Voir Dire, American Arbitration Association s Dispute Resolution Journal, May-July 2009 Developing Commercial Mediation Best Practices: Probability Analysis and More, Inside the Minds Strategies for Successful Mediation, 2008 Thomson/Aspatore Special Verdicts in Construction Litigation Combining Tort and Contract Claims, The Construction Lawyer, Journal of the Forum on the Construction Industry, Vol. 26, No. 2, Spring 2006 Is Your Client s Web Site Ready for P3P?, WBA Business Law Section Newsletter, Summer 2002 Liability Exposures Due to System Exploitation, Millennium Partners Newsletter, IT Matters, Feb Court Decision Emphasizes Danger to Vendor in Strict Limitation of Remedies in Software Agreements, International Computer Negotiations Newsletter, Tools & Tactics, Volume 9, Issue 6, 2002 (co-authored) Why Do We Need UCITA In Wisconsin?, WBA Business Law Section Newsletter, Summer 2001 Use of Internet for Unauthorized Purposes Can Create Civil Liability for an Offending Employee, WBA Business Law Section Newsletter, Summer 2001 Shrink Wrap, Box Top & Insert Terms Not Necessarily Enforceable, WBA Business Law Section Newsletter, Fall 2000

4 Presentations Fair Use Allows Reverse Engineering to Access Software Functionality, WBA Business Law Section Newsletter, Fall 2000 (co-authored) Loss of Use & Functionality is Physical Damage Covered by Business Interruption Policy, WBA Business Law Section Newsletter, Summer 2000 Micro-Managers Decision Re-Affirmed, Wis. Bar Assoc. Newsletter, Summer 2000 Dilemmas in Dealing with Bonded Project Owners, Contractors and Subcontractors, WBA Construction and Public Contracting Law Section Newsletter, Spring 1997 Avoiding a Hidden Trap for Subcontractors in Enforcing Payment Rights Bonded Private Projects, An Old Issue Revisited, WBA Construction and Public Contracting Law Section Newsletter, Winter 1997 Are Subdivision Subcontractors Subject to the 60-Day Notice Requirement to Preserve Lien Rights?, WBA Construction and Public Contracting Section Newsletter, Dec Mediation of Commercial Disputes, Budapest Business School, Budapest Hungary, Nov Mediation, Arbitration and Trial Practice, Gaspar Karoli Protestant University, Budapest, Hungary, Nov The Bicameral Legislature: Pros and Cons from a U.S. Perspective, Hungarian Parliament, Nov The American Legal System, Gaspar Karoli Protestant University, Budapest, Hungary, Nov Arbitration & Mediation Basics & Beyond, Commercial Law Group of Central Wis., Feb U.S. Business Law, Gaspar Karoli Protestant University, Budapest, Hungary, Nov Substantiating and Aligning Real Project Delays with Damages Recent Landmark Case Studies, Panelist, Construction Superconference, Dec Special Verdicts in Construction Litigation Combining Tort and Contract Claims, 2007 National CLE Conference, Jan Legal Issues With System Insecurity, Chicago Compliance and Security Conference, Nov Contracting Issues Under the Revised Uniform Arbitration Act, State Bar of Wis. 2003

5 Annual Convention, May 2003 Information Security Liability, RSA National Conference 2003, April 2003 (co-speaker) Legal Issues with Federal Technology Contracts, We Energies & WITLA s Federal Gov. IT Conference, Dec (co-speaker) Web Sites How to Know If You re Doing It Right, Governmental Information Processing Assoc. of Wis. Annual Meeting, Oct Medical Information Systems and Security, Lorman Education Services, July 2002 HIPAA and E-Records Security Issues The Basics and Beyond, Lorman Education Services, May 2002 (co-speaker) Cyber-Terrorism Threats Business Assets At Risk, Wis. Institute of Certified Public Accountants CPA s In Industry Spring Conference, March 2002 Legal Issues With System Insecurity in E-Commerce, Milwaukee Bar Assoc., Feb Addressing Those Nagging Legal Issues Involving B2B Security, University of Wisconsin- Milwaukee Legal Issues: The Internet and Information Technology Seminar, Jan Legal Issues With System Insecurity in E-Commerce, Law Education Institute, E- Commerce Law Seminar, Jan Contracting Over the Internet: Making Battle of the Forms Child s Play and Contract Drafting & Litigation Issues Under UCITA, WBA/MBA Law & Technology Show, Nov Legislative Aspects of Growing Technology, einnovate Technology Conference, Nov Legal Issues With System Insecurity in E-Commerce, Center for International Legal Studies, E-Commerce: Law and Jurisdiction Conference, Salzburg, Austria, Oct Privacy Why It s a Growing Problem for Business & IT Professionals Today, Microtek Systems, Inc. 2nd Hummingbird DOCS Open User Group Meeting, Oct Project Dispute Resolution Protocols, State Bar of Wis. Construction Law Seminar June, 2001 Overlooked Issues in ERP, ASP and B2B Contracts, American Corporate Counsel Assoc. Wis. Chapter, April 2001 Construction Claims in Wisconsin, Lorman Education Services, April 2001, March & April 2000 Software and ERP Systems, Panel Discussion Participant at State Bar IT Inter-Professional

6 Conference, Oct Construction Contracting for Public Entities in Wisconsin, Lorman Education Services, August 2000 & May 1999 Arbitrations from the Arbitrator s Perspective, State Bar of Wis Annual Convention, June 2000 Structuring and Negotiating Information System Contracts, 23rd Annual Corporate Practice Institute Program, Dec Year 2000 Compliance and Key Subcontractor Rider Provisions, Wis. Roofing Contractors Assoc. May 1998 Public Improvement Contracting It s Not Rocket Science But You Need To Know How To Operate the Controls, Fifth Annual Corporation Counsel/Defense Counsel Forum by Wis. County Mut. Ins. Corp., August Securities Reform Act, Wis. Bar Assoc., Jan Effective Use of Pay-When Paid Clauses under Statutory Restrictions, Wis. Bar Assoc., Annual Meeting, Construction Section Program January 1996 Summary Professor Aiken has again been recognized in 2014 by The Best Lawyers in America for Litigation- Construction. He is currently a retired shareholder from the law firm of Whyte Hirschboeck Dudek S.C. in Milwaukee, WI, having practiced for 40 years in the fields of real estate transactions, contract litigation, construction, arbitration and mediation. Following retirement from active legal practice, he has continued his work as an ADR neutral in mediation and arbitration matters in addition to serving as an adjunct Professor of Construction Law at the University of Wisconsin Law School and the School of Engineering and as an expert witness in malpractice cases arising from legal representation in construction matters, Jeff serves on the Large and Complex Case Panel of the American Arbitration Association and the International Center for Dispute Resolution. He is also one of very few Wisconsin practitioners who is a certified mediator with The International Mediation Institute in The Netherlands. Links of Interest Professional Webpage -