Richard Greenleaf

Recognized by Lawyer Monthly as the 2016 USA Lawyer of the Year in the areas of Arbitration and Mediation, consistently recognized by Best Lawyers in America in the area of Construction Law, recipient of the AAA’s designation of Construction Master Arbitrator, named to the Top 100 Construction Arbitrators in the United States, and formerly served as Co-Chair of the College of Commercial Arbitrators Construction Arbitration Section. Serves on the American Arbitration Association’s Large Complex Case Panel for Construction Cases and on the American Arbitration Association’s National Energy Panel.

Engaged for over 35 years in the practice of construction law representing owners, contractors, developers, sureties, subcontractors, and design professionals. Now devotes practice mainly to the arbitration of complex construction disputes. Has been on the AAA panel since 1989 and has gone to final hearing as an arbitrator in over 200 construction cases. Previously served as a project neutral/early neutral evaluator, DRB and mediator on large scale construction projects throughout the U.S. Mr. Greenleaf prides himself on the management and organization of complex arbitration proceedings and typically serves as Chair. He is honored to be a member of the AAA’s Mega-Project Construction Panel comprised of the top construction arbitrators in the U.S. as rated by counsel on construction mega projects based on their credentials and experience.  Has been involved in construction projects in more than 40 states and internationally. Has handled claim amounts in excess of $750 million and projects with values exceeding $6 billion. He is celebrating his 34th year on the AAA’s Construction Panel and has significant experience in all aspects of construction claims and often hears disputes involving:

• Scheduling claims including delay, disruption, acceleration, productivity, sequencing and inefficiency as well as in-depth experience in critical path scheduling and damages analysis;
• Renewable energy projects;
• Large scale EPC projects;
• Construction defect cases and multi-party claims (has arbitrated cases involving more than 60 parties);
• Design build projects;
• Building information modeling (BIM) and virtual design and construction (VDC);
• Contract document interpretation;
• Termination and wrongful termination;
• Soils, expansive soils and shifting soils, underground obstructions, differing site conditions;
• Concrete and paving issues including ACI compliance;
• Claims involving design, engineering, errors and omissions;
• Metal and lightweight building design and construction;
• Thermal and moisture intrusion/protection, and building envelope issues, including paint/coatings;
• Structural steel cases including AISC compliance;
• Termination cases and damage analysis;
• Glass, glazing window wall issues and disputes;
• Mechanical, plumbing and HVAC issues and disputes;
• Electrical issues and disputes;
• Building exterior, roofing and waterproofing issues; and
• Building code and plans, and specifications compliance.

Has represented all parties in the construction process and participated on large complex case panels as arbitrator before the AAA, ICDR, CPR and ICC Courts involving: office and commercial buildings, apartments & multifamily buildings, retirement facilities, industrial projects, natural gas, solar, wind and hydro power projects, water and sewer treatment plants, waste water treatment plants, hospitals, municipal projects, prisons, hotels, civil and heavy highway, dams, rail projects, roads and bridges, sports stadiums, airports, restaurants, steel buildings, breweries and distilleries, museums and luxury high, mid and low-rise residential structures, as well as high-end residential construction projects. Has been a member of the AAA’s National Energy Panel for many years and member of CPR’s Energy, Oil & Gas Panel involving gas and coal fired power plants, gas processing plants, fertilizer plants (Urea, Ammonia Nitric Acid), wind generation projects, solar projects and plants, hydro-electric, oil field infrastructure matters, salt water storage and disposal, energy infrastructure, pipeline, petrochemical, refinery projects, chemical plants, iron plants, power and treatment plants, electric generation, cogeneration plants, oil refining, and gas and salt water storage, transport, pipeline and storage facilities.

Fellow of the Chartered Institute of Arbitrators (CIArb); Fellow of American College of Construction Lawyers; Member of  the AAA Construction Mega Project Panel of Arbitrators; Fellow of College of Commercial Arbitrators (Former Co-Chair of the Construction Arbitration Committee); CPR’s Panel of Distinguished Neutrals (Construction Panel, Energy, Oil & Gas Panels); American College of e-Neutrals; Colorado Bar Association (Construction Law Section); Houston Bar Association (Construction Law Section, Past Chair); State Bar of Texas (Construction Law Section, Past Council Member; Construction Law Newsletter, Past Editor); American Bar Association (Construction Industry Forum Committee; Public Contracts Law Section; Tort and Insurance Practice Section; Advisory Panel); former American Subcontractors Association of Colorado (Attorneys Counsel).

PUBLICATIONS AND LIASONS: Served as a liaison to the American Institute of Architects in the development of the A201 General Conditions and is a contributing author to the ABA Deskbook on the 2017 version of the A201 General Conditions; “Contracting, Drafting and Understanding the Differences Between Litigation, Arbitration, and Mediation”, January 2010. Has authored “Preserving Rights and Minimizing Risk, Part III: Project Management and Prudent Lien Waivers,” USGLASS MAGAZINE, July 2006; co-authored, “Claims: Preserving Rights and Minimizing Risk, Part II: Claims Mitigation and Killer Contract Clauses,” USGLASS MAGAZINE, June 2006; co-authored, “Claims: Preserving Rights and Minimizing Risk, Part I: Developing A Contracting Policy,” USGLASS MAGAZINE, April 2006; authored “Preserving Construction Defect Claims,” BOULDER COUNTY BUSINESS REPORT, July 2005; and authored “Legislative Changes Affecting Construction,” Construction Law Newsletter, Texas State Bar, Fall 1995.

SPEAKING ENGAGEMENTS: April 2019, Speaker “Don’t Forget The Damages” American Arbitration Association 2019 Construction Conference; March 2019, Co-Speaker “Consolidation of Arbitrations & Joining Additional Parties: The Arbitrator’s Authority” American Arbitration Association; May 2016, “Alternative Dispute Resolution” University of Colorado School of Law Annual Construction Law Conference; April 2012, Facilitator for AAA ACE course “Maximizing Efficiency & Economy in Arbitration”; Judge, 2011 ABA National Mediation Competition; “What’s In and Not In a Contract”, May 2010, American Subcontractor Association; Co-presenter at the Glass Association of North America Annual Conference “Claims Preservation and Mitigation,” February 2006; Faculty, “Dealing with Delay Tactics,” Denver, April 2005, August 2006 and February 2010; faculty, “AAA Annual Arbitrator Update,” Denver, December 2002; presenter, “Ethics in ADR,” Denver, September 2002; presenter, “Prehearing Techniques for Expediting Arbitration Hearings,” Salzburg, Austria, June 2002; presenter, “Drafting Arbitration Clauses,” Denver, May 2002; presenter, “What Do You Do When…?,” Colorado Construction Law, Denver, January 2001; presenter, Texas State Bar Arbitration Law Course, 1998; presenter, “What Do You Do When…?,” Texas Construction Law Seminar, Houston, March 1996; presenter, “Litigation and Enforcement” and “Defenses to Liens and Bond Claims,” Construction Liens and Bond Claims in Texas seminar, Houston, February 1996.

State of Texas (1982)

State of Colorado (1999)

State of Wyoming, maintains Emeritus Status