Legal System:
Common Law
Practice Areas:
Arbitration, Commercial Law, Construction - Engineering, Infrastructure, Joint Ventures - Consortia - Cooperation, Mediation
Publications
1. Author, BIM, Blockchain and Smart Contracts, The Construction Lawyer, Journal of the ABA Forum on Construction Law, Volume 40, Number 4, Fall 2020
2. Author, Shaping Tomorrow’s Leaders of the AEC Industry, High Profile, December 23, 2019.
3. Co-editor, co-author, The Future of the Design and Construction Industry: Construction Industry Conversations, Construction Institute (2018).
4. Contributing author, The 2017 A201 Deskbook, American Bar Association (2017) (co-author Chapter 13).
5. Author, Improving Construction Productivity: Why we are not asking the right question. New England Real Estate Journal, July 21, 2017.
6. Co-author, Effective Arbitration Management: Addressing Damages Early, Ludington and Greenwald, JAMS Global Construction Solutions, Spring, 2016
7. Author, How to Successfully Integrate a Project Team, New England Real Estate Journal, December 16, 2016
8. Author, Transforming a Fractured Industry: Employing ADR Techniques to Improve Collaboration in the Construction Industry, New York Dispute Resolution Lawyer, (N. Greenwald) NYSBA, Fall 2016, Vol. 9, No. 3
9. Co-author, Mediating Discovery Disputes: When “Meet and Confer” Alone is not Enough, Nancy Greenwald & Marian Riedy, Cardozo Journal of Conflict Resolution, Vol. 17, No. 2 2016
10. Author, When Every Dollar Counts: Building Smarter Through Collaboration, New England Real Estate Journal, July 2016.
11. Author, A Creative Proposal for Dispute Systems Design ror Construction Projects Employing BIM, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Greenwald, N. (2013), 5(1), 2–5. doi: 10.1061/(ASCE)LA.1943-4170.0000106
12. Author, An Assault on the Spearin doctrine: How AIA A201-2007 Shifts the Risks for Design Defects to the Contractor,” Virginia Lawyer, October 2010, Vol. 59.
Teaching
Professional Education Presentations
Nancy speaks and writes frequently about topics concerning construction law and process as well as on best practices in resolving construction disputes, including arbitration and mediation. She is also a consultant, speaker, instructor and coach for design and construction companies and professionals on communications, dispute management and conflict resolution practices.
She regularly teaches conflict resolution and negotiation skills to construction professionals at the Construction Institute.
Other Presentations
1. The New Toolbelt: BIM, Blockchain and Smart Contracts – ABA Forum on Construction Law Plenary Session, Midwinter Meeting, January 23, 2020
2. Protocols for Best Practices in Project Communication – ABA Forum on Construction Law Luncheon Presentation, Midwinter Meeting, January 23, 2020
3. Keynote Speaker, Bald Hill Builders Training Retreat, September 16, 2019
4. Becoming a Problem Solver – Dealing with conflict as a normal part of business, Construction Institute, May 8, 2019
5. Developing a Culture of Communication – Guest Lecturer, Principles in Construction II, University of Connecticut School of Engineering, April 17, 2019
6. Technology in Construction Contracts: Current Best Practices and Future Challenges, Panelist – ABA Forum on Construction Law Webinar, December 13, 2018
7. Digital Due Diligence: Ensuring Your Construction Contract Doesn't Set You Up for Technology Heartache, Panelist – ENR Webinar, February 7, 2018
8. Eat the Frog First: Using Damages as an Effective Tool for Dispute Resolution, presented at the 18th Annual Spring Conference of the ABA Dispute Resolution Section, April 7, 2016, NY, NY
9. Contract Interpretation in Conflict Resolution: Managing Project Disputes in the Real World, The Construction Institute, December 15, 2015
10. Working Together to Harness the Power of Innovation and Collaboration: How to Transform a Fractured Industry, Keynote speech “Building Smarter with Big Data,” conference co-hosted by the Stanford Center for Integrated Facility Engineering (CIFE) and LKG Advisors LLC, November 9, 2015, Santa Clara, CA.
11. Convening the Mediation: What Can and Should Mediators Do When All Parties Haven’t Yet Agreed to Mediate, Live Webinar for the American Arbitration Association, November 18, 2015.
12. Planning for Conflict: What Business Leaders and Lawyers Need to Know About Dispute Resolution and Dispute Related Contract Clauses” panelist, a CLE presentation of the Fairfax Bar Association Dispute Resolution and Business Law Sections, Section Reston, Virginia, October 14, 2015
13. Testimony before the National Institute of Building Sciences, “Cross-Industry Collaboration,” September 25, 2015
14. Discovery in Arbitration, panelist, ABA Forum on Construction Law, Scottsdale, Arizona, January 29, 2015
Education
HARVARD LAW SCHOOL, cum laude, JD, 1981
BROWN UNIVERSITY, magna cum laude, Sc.B, 1978
FULBRIGHT SCHOLAR - awarded 1984 (declined) |
Other Information
Professional Affiliations
• ARBITRATOR/MEDIATOR, Construction and Commercial Industry Panel of Arbitrators and Mediators
• Industry Advisory Council to the Connecticut Department of Administrative Services, Construction Services, Member
• Connecticut Mediation Association, Board Member
• Business Advisor to Proptech and COonTech start-ups at Upward Hartford and Stanley Black & Decker TechStars
• College of Commercial Arbitrators Legislative Committee (2014 – present)
Society of Construction Lawyers
American Bar Association:
Dispute Resolution Section
o Executive Committee & Leadership Council, Membership Chair (2013-2016)
o Co-Chair, Women in Dispute Resolution Committee, (2012–2015)
Forum on the Construction Industry
o Steering Committee, Division 4, Project Delivery Methods – Steering Committee
o Dispute Resolution Avoidance Division
o Contract Documents Division
Litigation Section
o Alternative Dispute Resolution
o Women Advocate Committee
Business Law Section
ABA Standing Committee on Membership (2015 – 2016)
State Bar Associations:
Bar Associations
o Virginia State Bar Association, VSB Construction Law Section
o Connecticut Bar Association, Construction Law and ADR Committees
o DC Bar Association
Experience and Employment
1. The Construction Institute, Inc., Executive Director, East Hartford, CT 1/2015 – present
2. Construction Objectives, LLC, Founder, 11/2020 - present
3. Construction Dispute Solutions, Principal, West Hartford, CT 1/2011 – present
4. Greenwald Cassell Associates, Inc. , General Counsel, CFO, Founder, McLean, VA 1984-2015
5. Skadden Arps, Slate, Meagher & Flom LLP, Washington, DC 1987 – Associate, 1987 – 1992 Consultant
6. Spiegel & McDiarmid LLP, Associate, Washington, DC 20006 1981 – 1985
