Construction, Real Estate, Insurance, Employment Mediation Services - ELK Consulting Services, LLC

ELK Consulting Services


ELK Consulting Services
Wally McDonough is a recognized author and speaker on dispute resolution, contracts and insurance in the construction, real estate, insurance and labor/employment industries. Wally McDonough is an accomplished attorney and business executive with over twenty years of experience as a litigator, general counsel and mediator in the construction, real estate, insurance and labor/employment industries. Prior to founding ELK, Wally was a trusted advisor and general counsel for Suffolk Construction, where he was directly involved for over ten years in all aspects of the business. His efforts helped to grow the company from a regional contractor into one of the largest general contractors in the nation, with over $1 Billion in revenues and 750 employees. His tenure as general counsel and senior executive provides him with a unique perspective on the challenges faced by businesses and individuals alike. He has a wealth of practical knowledge and insight into the construction, real estate, insurance and labor/employment industries. Through ELK, Wally applies that knowledge to effectively identify areas of agreement and the particulars of a dispute, before developing creative solutions to resolve problems at the earliest possible time. Wally holds a B.A., cum laude, in politics from Princeton University and a J.D. cum laude from Boston College Law School.

Professional Experience:

2007-Present ELK Consulting Services, LLC/Boston, MA President/Manager

1996- 2007 Suffolk Construction Company, Inc./Boston, MA Executive Vice President/General Counsel

1993 - 1996 Perini Corporation/Framingham, MA Assistant General Counsel

1990 - 1993 Hinckley, Allen & Snyder/Boston, MA

2007- 2009 Litigation Department / Trial Attorney Of Counsel (2007-09)

1987 - 1990 Fine & Ambrogne/Boston, MA Litigation Department / Trial Attorney

Responsibilities:

In 2007, Mr. McDonough formed ELK Consulting Services, LLC 
to utilize his substantial experience as a senior executive and general counsel to provide dispute resolution (mediationarbitrationdispute review boards), consulting 
services to clients with a focus in the construction, insurance and real estate industries. 

Over ten plus years with Suffolk Construction, Mr. McDonough was directly involved in the growth of the company to over $1 Billion in annual revenue and over 750 employees, with offices in Massachusetts, Florida and California. Mr. McDonough was responsible for contract negotiations with owners, subcontractors and suppliers, as well as resolution of contract and other disputes, employing a proactive approach to avoid litigation wherever possible.  Mr. McDonough also was directly responsible for the Company’s Safety, Risk Management and Human Resources programs.   

Professional Affiliations:

American Bar Association—Member Since 1987
  • Forum on the Construction Industry
  • Civil Litigation Section
  • Alternative Dispute Resolution Section
Massachusetts Bar Association—Member Since 1988

Boston Bar Association—Member Since 2002
  • Construction Law Committee—(Committee Co-Chair 2004-06)
American Arbitration Association
  • Northeast Region Construction Advisory Council (2003-2006)
Associated General Contractors of America/Mass. Chapter-Member (2003-Present)

Council on Litigation Management—Member (2009-Present)
  • Construction Litigation Committee Member (2010-Present)
Princeton University Hockey Association
  • First Vice President—1991 to Present

Education:

Boston College Law School
Juris Doctor Cum Laude 1987

Princeton University
Bachelor of Arts Cum Laude 1984, Politics
Certificate of Completion:  Program in Political Economy
Senior Thesis: School Desegregation in Boston: A Failed Experiment 

Varsity Ice Hockey Goaltender (1980-84)
COSIDA Academic All-America Team, Honorable Mention (1984)
Wm. Blackwell Trophy (Team Co-MVP) (1984)
 

Certifications/Training

American Arbitration Association
Chairing an Arbitration Panel (December, 2010) 
Dealing with Delay Tactics in Arbitration (March, 2010)
Advanced Mediation Training (November, 2009)

Arbitration Awards: Safeguarding, Deciding and Writing the Award (October, 2009)
AAA Arbitration Roadmap (June, 2008)
Commercial Arbitrator I Certification (September, 2006)
Member--Commercial Panel of Neutrals, Construction Panel of Neutrals

Mediation Works, Inc.
Executive Mediation Training Course (October, 2006)

Dispute Review Board Foundation—Certified Panelist Training (October, 2008)

American Dispute Resolution Center, Inc.  
Member, Panel of Arbitrators (Appointed October, 2007)

Presentations/Publications:

“Dispute Avoidance and Resolution for Construction Disputes: What is Working and What is Needed”, panelist for Boston Bar Association, Construction and Dispute Resolution Sections (December, 2011)

“Presenting Damages at Mediation and Preparing Your Organization for Mediation”, McGladrey, Inc. client seminar, sole presenter (October, 2011)

“Dealing with the Fix”—The Practical Response to a Construction Defect Claim, Litigation Management (Fall 2011)

“Current Trends in Construction Claims and Disputes”, panelist at Mass. Bar Association Litigation Section Meeting (December, 2010)

“Holy S>*t--Crisis on the Project”, presented to Massachusetts RIMS and Associated Subcontractors of Mass. monthly meetings (November, 2010 and December, 2009)

“Dispute Mediation Options Every Executive Should Know”, RSM McGladrey Webinar panelist (February, 2009)

“Mediating the Construction Case”, Boston Bar Association, Construction Law Section Panelist (February, 2009)

 “Communicating for Profit: Subcontractor/General Contractor Relations, presented as part of Contractor Series for Feeley & Driscoll (November, 2008)

“Common Sense for Construction Conflicts: ADR Options and Success Stories”, panelist—DRBF Northeast Regional Conference (October, 2008)

“AIA and Consensus Docs Overview—Indemnity, Insurance and other selected topics”—presented as part of Boston Bar Association, Advanced Topics in Construction Law (June, 2008) 

 “Key Risk Provisions in Construction Contracts”, presented to the Surety Association of Massachusetts (March, 2008)