John E. BulmanPartner
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(401) 272-8080/Ext. 237 Areas of PracticeConstruction Law
Business Dispute Resolution
Neutral Arbitration and Mediation Services ExperienceJohn has twenty-five years experience in construction and commercial trial matters in Massachusetts, Rhode Island and other states. He has represented both private and public clients in jury and non-jury trials and in arbitration and mediation proceedings in Massachusetts, Rhode Island, Connecticut, Pennsylvania, Vermont, Ohio and other states. John has argued cases before the Rhode Island Supreme Court and the First and Eleventh Circuit Court of Appeals. For several years, he has been recognized in numerous client guides as one of the region's leading construction and litigation practitioners. This recognition was confirmed by John's election to the American College of Construction Lawyers in 2006. John has represented numerous public (including state and municipal) and private owners in the development and negotiation of construction contracts for large industrial and commercial projects. As a mediator, John has successfully mediated over seventy-five cases in the last several years on a variety of subjects including contract interference, construction, partnership, franchise disputes and municipal tax assessments. As an arbitrator, John has presided over cases with claims as large as $100,000,000. John's trial experience includes both jury and jury-waived matters relating to construction claims, declaratory actions, trade secret, insurance coverage disputes, CERCLA matters, contract indemnity claims, personal injury defense, franchise termination, partnership fraud and other matters. In the construction industry, John has arbitrated and tried cases involving design build issues, Eichleay and measured mile claims, specific performance, change order disputes, indemnity claims, disruption claims and surety takeover issues. The subject matters have included hydroelectric turbine operation and stability, metallurgy and FEA analyses, steel fabrication and design issues, pre-cast and post-tensioned concrete structures, caisson and other pile driving issues, most commercial building trades and site work and geotechnical issues. He combines his extensive trial experience with equally extensive experience as a neutral arbitrator and court-appointed referee and brings to bear these perspectives in effective evaluation and presentation of cases. John has negotiated construction contracts on behalf of contractors, owners and subcontractors on a nationwide basis and frequently counsels clients on effective risk and claim avoidance. Education B.A., Hobart College, (1980), Baccalaureate Essay Distinction
J.D., cum laude, Georgetown University Law Center, (1984) (Editor, Law and Policy in International Business) Bar MembershipsRhode Island (1984)
Massachusetts (1990)
Federal Court (U.S. District Court for the Districts of Rhode Island and Massachusetts; U.S. Courts of Appeals for the First and Eleventh Circuits) Professional Memberships & HonorsMartindale Hubbell Attorney Rating - AV
International Mediation Institute Certified Mediator, 2010 (imimediation.org)
Best Lawyers in America
Selected for Construction & Alternative Dispute Resolution, 2007, 2008, 2009, 2010 Chambers USA
Recommended in General Commercial Litigation, 2006, 2007, 2008, 2009 Superlawyers
Honored in 2007, 2008, 2009 American College of Construction Lawyers
Fellow, Elected 2006 American Arbitration Association
Board of Directors (Elected 2002, re-elected 2006)
Executive Committee of the Board of Directors
Chair, Practice and Management Committee
Member, Large Complex Case Panel
Member, National Mediation Panel
Member, National Commercial and Construction Arbitration Panels
Member, Construction Arbitrator Master Panel
Outstanding Director Award for 2007 American Bar Association
Member, Forum Committee on the Construction Industry
Member, Litigation Section (Co-Chair, Design Professional Liability, Subcommittee to the Construction Committee) Roger Williams University
Adjunct Professor Construction Law, School of Justice Studies, Construction Law, 2006-2007
Member, Construction Management Advisory Board List of Reported CasesWaltz v. Camara, III, No. 04-0368, 2008 WL 2724857, (R.I. Super. Jun. 30, 2008)(declaratory judgment, adverse possession and public dedication) Bowen Court Associates v. Ernst & Young, LLP, 818 A.2d 723 (R.I. 2003)(accounting malpractice) Vencor Hosps. South, Inc. v. Blue Cross Blue Shield, No. 01-15848 (11th Cir. 2002), 169 F.3d 677 (11th Cir. 1999); 929 F. Supp. 420 (S.D. Fla. 1996); 86 F. Supp. 2d 1155 (S.D. Fla. 2000) (Medicare) ADP Marshall, Inc. v. Brown University, 784 A.2d 309 (R.I. 2001)(design build construction) Mangla v. Brown Univ., 135 F.3d 80 (1st Cir. 1998) (University-student relations) Ernst & Young v. Depositors Economic Protection Corp., 45 F.3d 530 (1st Cir. 1995); 862 F. Supp. 709 (D.R.I. 1994) (accounting malpractice) Colonial Penn Group, Inc. v. Colonial Deposit Co., 834 F.2d 229 (1st Cir. 1987) (trademark) United States v. Davis, 31 F. Supp. 2d 45 (D.R.I. 1998); 20 F. Supp. 2d 326 (D.R.I. 1998); 11 F. Supp. 2d 183 (D.R.I. 1998); 1 F. Supp. 2d 125 (D.R.I. 1998) (environmental) United States v. One Parcel of Real Property, 764 F. Supp. 9 (D.R.I. 1991) (forfeiture) Patty v. New England Tel. & Tel. Co., 745 F. Supp. 806 (D.R.I. 1990) (employment) Rhode Island Depositors Econ. Protection Corp. v. Brown University Credit Union (In re Advisory Opinion to the Governor), 659 A.2d 95 (R.I. 1995) (constitutional) Frank N. Gustafson & Sons v. Walek, 599 A.2d 730 (R.I. 1991) (mechanics' lien) Authored Articles/PublicationsCo-Author, "Taking on Too Much Water", ABA Forum on the Construction Industry (October 2007) Contributing Author, "Understanding Construction Delivery Methods in Massachusetts" (Lorman Education Services, October 2003) Contributing Author, "Public Construction Law Source Book" (Commerce Clearing House 2002) Co-Author, "Implied Obligations of Owners Relating to Scheduling", The Construction Lawyer, vol. 21, no. 3, Summer 2001 Co-Author, "Horns of a Dilemma: Too Much Involvement in Worksite Safety Can Backfire on Design Professionals", The Construction Lawyer, vol. 21, no.2, Spring 2001. Contributing Author, "Fifty State Monograph on the Enforceability of "No Damages for Delay Clauses"", American Bar Association (1998) Contributing Author, "State By State Survey of the Economic Loss Doctrine", American Bar Association (1996) Contributing Author, "State By State Survey of Statutes of Repose", American Bar Association (1994) Alternative Dispute Resolution Training2009 Faculty, Maximizing ADR Advocacy for Today's Economy 2008 Faculty, Arbitration Roadmap 2008 Annual Board Meeting, AAA Arbitrator Update 2007 Annual Board Meeting, AAA Arbitrator Update 2006 Annual Board Meeting, AAA Arbitrator Update 2005 Faculty, Chairing an Arbitration Panel: Managing Procedures, Process and Dynamics 2005 Faculty, Arbitration Best Practices Guide 2005 AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards 2004 Faculty, AAA/NCDRC, ADR Issues - Best Practices from the Practitioners 2004 Faculty, AAA Arbitrator Roundtable: Revised Commercial Arbitrator Code of Ethics: What Does it Mean for You? 2003 AAA Neutrals Conference 2003 AAA Arbitrator Update 2002 AAA Construction Arbitrator II Training 2001 AAA Arbitrator Update 2000 JAMS/Endispute, 40 Hour Mediation Training 2000 AAA Construction Industry Arbitrator Training 1996 AAA Complex Case Management for the Construction Neutral |