Regional Design Build Firm
Practice Group Involved
Construction Law Section
Client Problem / Case Background
DBL’s client was a regional design-build firm that was one of many parties involved in an upcoming mediation of a complex dispute. The mediation presented two key problems: (1) there was some uncertainty as to whether one of the participants (not the DBL client) was insured, and (2) the competing and adverse interests of the participants lessened the likelihood of a successful outcome.
To attempt to circumvent these problems, Todd McMurtry, who practices in the firm’s Construction Law Section, started before the mediation to eliminate these obstacles. In advance of the mediation, he coordinated efforts with similarly situated parties to unite these defendants in their approach to the mediation. The parties allowed him to serve as the primary spokesman for the group. Drawing upon his mediation training, McMurtry worked to build consensus on key issues among the group and solidify the groups position. As well, he arrived prepared to discuss with the insurance coverage issues hampering one of the parties. Ultimately, coverage was extended to the potentially uninsured party. This additional funding allowed the matter to settle favorably. Importantly, by focusing on pre-mediation planning, McMurtry was able to save time and avoid problems by addressing in advance some of the obstacles to a successful outcome.
Highlight of Firm’s Capabilities
Todd McMurtry is a Harvard trained mediator, and he brings this skill set to helping his clients successfully mediate disputes.
Attorney and Contact Information
Todd V. McMurtry
207 Thomas More Parkway
Crestview Hills, KY 41017
Phone: (859) 426-2129 (Direct)
Fax: (859) 341-1881