DAVID MARCUS

GENERAL OVERVIEW

David Marcus served the State of Oregon as an ALJ (Administrative Law Judge) for more than 28 years. As an arbitrator or mediator, he has resolved over 1000 disputed construction claims, including numerous six-figure and multi-party cases. As an ALJ, he has entered orders in more than 600 additional claim cases, after conducting a contested case (administrative) hearing. Mr. Marcus' cases have included both commercial and residential construction claims, brought by homeowners, commercial and government property owners, subcontractors, employees, and material/equipment suppliers, and have involved all of the following issues: excavation, erosion, irrigation and drainage; concrete, masonry and paving; water supply systems, septic and waste disposal systems; plumbing, electrical and HVAC, including radiant heat, solar and other passive systems; siding (including stucco), roofing (wood, asphalt, tile, metal) and painting; and, hazardous materials, including lead paint, asbestos, and mold.

Mr. Marcus has also handled a significant number of cases involving real estate sales and financing contracts for new and existing homes and businesses.

Recent cases (2014) have included: a dispute between seller and buyer over refund of six-figure earnest money in a failed sale of a $1,000,000 property; and, a dispute over a national residential contractor’s unilateral change to specifications during construction of an upper end new home.

In addition, Mr. Marcus currently serves (since 2013) as a facilitator/mediator for the Oregon Foreclosure Avoidance Program, assisting defaulting owners and their lenders to resolve the default with an agreed upon foreclosure avoidance measure.

EDUCATION and ADR TRAINING

• University of Cincinnati (BA, History and Literature, magna cum laude).
• Mindful Resolution, Oregon Mediation Association Annual Conference, 2014;
• Developments in Arbitration Law: Disclosure, Vacatur, Sanctions, and Arbitrator Authority, AAA Webinar, 2014;
• Large, Complex Construction Disputes: The Dynamics of Multi Party Mediation, AAA Webinar, 2014;
• Advanced Construction Law, Oregon State Bar Construction Law Section, 2014;
• AAA Construction Professionals’ Guide to Conducting a AAA Arbitration, 2013;
• Oregon Foreclosure Avoidance Mediation Program, Collins Center for Public Policy, the Oregon Mediation Association, and Oregon Department of Justice (24 hours), June 2012;
• Current Issues and Updates in Construction Law, Oregon State Bar Construction Law Section, 2011;
• AAA Advanced Mediator Training, 2010
• Interest-Based Problem Solving, Oregon State Conciliation Service, 2010
• Public Law Issues, Oregon State Bar (OSB) Government Law Section, 2010
• Oregon Construction Law, The Seminar Group, 2009 & 2008
• Construction Law 101 & 301, OSB Construction Law Section, 2009
• Oregon Dispute Resolution Conference, Willamette University, 2009
• Construction Law Legislative Update, OSB & Assoc. General Contractors, 2007
• Excellence in Mediation Advocacy, Intl. Academy of Mediators & OSB, 2007
• AAA Chairing an Arbitration Panel, 12/06
• Oregon Mediation Association Annual Conference, 11/06
• The Construction Claims Task Force and You, OSB Construction Law Section, Portland, 4/06;
• Construction Defects: Water Intrusion & Other Calamities, The Seminar Group, Portland, 4/06;
• Mediator Ethics, University of Oregon School of Law, Eugene, 2/06;
• Arbitrator Ethics & Disclosure, AAA Seattle Office, 8/05;
• Mediation & Arbitration in Oregon, Oregon Law Institute, Portland, 5/05;
• Basic "Plus" Mediation Skills Training (40 hrs.), Confluence Center for Mediation and Training (Mary Forst Associates), 2/05;
• AAA Construction Arbitrator II Training, Atlanta, 10/04;
• Mastering Modern Arbitration, University of Oregon School of Law, Portland, 05/04;
• Mediation and Arbitration in Oregon, Oregon Law Institute, Portland, 4/04;
• AAA Arbitrator I Training-Fundamentals of the Arbitration Process, Los Angeles, 1/04;
• Arbitration in Construction Claims, Carl R. Neil, Attorney & Arbitrator, Salem, Oregon, 6/02;
• Mediation Skills Workshop, Bridgewaters Inc., Salem, Oregon, 12/00;
• Mediation Skills Training, Neutral Solutions Inc., Salem, Oregon, 6/98; 
• Mediation Training for Professional and Community Mediators, University of Oregon School of Law, May 1997; Certificate of Completion (32 hrs.)

PROFESSIONAL AFFILIATIONS

• Construction Dispute Resolution Services Roster of Dispute Resolution Specialists.
• American Arbitration Association (AAA) National Roster of Neutrals, Commercial Arbitration Panel, Mediation Panel.
• Non-lawyer member of OSB Administrative Law Section, Construction Law Sections, and ADR Section.
• Marion County Circuit Court Civil Mediation Panel.
• Oregon Mediation Association (OMA).
• National Association of Administrative Law Judges (NAALJ)-- active member 1997-2012; past member of Board of Directors, 2002-2004; Education Committee Chair, 2003-2005; and ADR Committee Chair (1999-2001).
• Oregon Association of Administrative Law Judges (OAALJ), active member through 2012; served multiple terms on Board of Directors including three terms as President; Planning Chair for 2002 and 2004 conferences, co-sponsored with Willamette University College of Law; 2007 recipient of the Bruce Black Award, in recognition of career contributions to the advancement of administrative law in Oregon.
• Oregon Mediation Association (OMA), current active member.

PROFESSIONAL PRESENTATIONS

• Lessons Learned, Oregon Foreclosure Avoidance Program Facilitator Training, 2014;
• Oregon State Bar Construction Law Section CLE, December 2004, 2006, 2008 and 2010;
• Ex Parte Provisions in Oregon Administrative Law, guest lecturer, Willamette University College of Law Administrative Law Class, October 2003;
• Administrative ADR: Models, Challenges & Responses for ALJs, NAALJ Annual Meeting & Conference, Orlando, FL, October 2003. Co-presenter with Lynda Moser, Georgia Office of Administrative Hearings, and Robert Jones, Director, Florida Conflict Resolution Consortium;
• Comparing Methods of Dispute Resolution, One Size Might Not Fit All, NAALJ Annual Meeting & Conference, Lexington, KY, October 2002;
• ALJ ADR Training and Mock Mediation, NAALJ Annual Meeting & Conference, Austin, TX, November 2001;