Robert Beale Thum, Esq.
Robert B. Thum
 

Robert Beale Thum has 40 years’ experience in construction Alternative Dispute Resolution, serving as Arbitrator on the American Arbitration Association’s Mega-Projects, Large Complex Disputes and National Construction Panels, and the California Office of Administrative Hearings’ Public Works Contract Arbitration Panel. As an Arbitrator or Court-Appointed Neutral, he has heard cases involving rail, highways, bridges, dams/reservoirs, power plants, airports, military facilities and base housing, manufacturing/industrial plants, natural disaster recovery projects, hotels and destination resorts, hospitals and long-term nursing facilities, college campuses, shopping centers, and product distribution centers. He has also served as Early Neutral Evaluator and Discovery Master in complex litigation matters.

Prior to becoming a full-time neutral, Mr. Thum practiced construction law for five decades as partner in prominent national and international law firms.  He drafted and negotiated design and construction contracts for a wide variety of public and private projects, including infrastructure, industrial, energy, health facilities, museums, commercial and residential developments. As an advocate, he prosecuted or defended major claims involving delay and acceleration; loss of productivity; cardinal change and contract abandonment; total cost and jury verdict damages; liability and damage caps; prejudgment interest and prompt pay penalties; defective or incomplete design; non-conforming work and repair; differing site/changed conditions; scope changes; defective or late owner-furnished property; failures of supervision and management; force majeure; default and convenience terminations; waiver of consequential damages; recovery of economic loss; cost/contract audits; bid protests; contractor's license; pay-if and pay-when paid clauses; no-damages-for-delay clauses; subcontractor pass-through claims; surety bonds and take-overs; false claims and truth in negotiating claims; and fraud, misrepresentation, concealment, and negligence.

Mr. Thum is a Fellow in the American College of Construction Lawyers, and has been recognized for excellence by Chambers USA, Best Lawyers, U.S. News and World Report, Super Lawyers and Engineering News Record. He is located in the greater Los Angeles area, but hears cases throughout California and the United States.

As of March 1, 2025, Mr. Thum is hearing cases involving California high speed rail; natural gas production plants; medical centers and skilled nursing facilities; grade separation/bridge project; university science complex; and luxury resort renovation in Hawaii, among others.

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EDUCATION/WORK HISTORY

The Cornell Law School, J.D. – Editor, Cornell Law Journal
Princeton University, A.B. with honors

Partner, Pillsbury Winthrop Shaw Pittman LLP (Retired)
Partner, Thelen Marrin Johnson & Bridges LLP
Partner, Pettit & Martin LLP
Special Court Martial Judge, U.S. Marine Corps

Alternative Dispute Resolution and Arbitrator Training:

  • Disclosure Dynamics in Arbitration

  • Crafting Compliant Awards: Structures and Best Practices

  • Achieving Efficiency, Expedience and Fairness in Arbitration

  • Arbitrator Independence

  • Generative AI Guidelines for Arbitration

  • Maintaining Privacy and Cybersecurity

  • Best Discovery Practices in Arbitration

  • Practical Approach to Evidentiary Objections in Arbitration

  • Daubert/Frye Challenges to Expert Testimony (FRE 702, CEC 802)

  • Process Essentials for Arbitrators

  • Panelist Safety and Security

  • Impartiality: Do You Know Where Your Biases Are?

  • Attorney’s Fees in Arbitration

  • Dealing with Difficult Counsel, Parties and Witnesses

  • New Developments in California Arbitration Law

  • Interim and Partial Awards

  • Cyber Security: A Shared Responsibility

  • Arbitrator Performance and Demeanor – Meeting Expectations

  • Avoiding Implicit Bias

  • Practice Focused Cases

  • Consolidation and Joinder Issues in Arbitration

  • Arbitrator Ethics and Disclosure

  • Dealing With Delay Tactics in Arbitration

  • Chairing an Arbitration Panel

  • Managing the Arbitration Process for Efficiency & Economy

  • Arbitration Awards: Safeguarding, Deciding & Writing Awards

  • Avoiding Ten Common Missteps Arbitrators Make

  • Annual Arbitrator Legal Updates

  • Construction Arbitrator II Training

  • Construction Arbitrator I Training

  • Basic Arbitrator Training

 

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RECOGNITIONS

Admitted as Fellow, American College of Construction Lawyers
Chambers USA, rated First Band Construction Lawyer – California
Best Lawyers’ named “Construction Lawyer of the Year – Los Angeles”
Best Lawyers’ named “Construction Litigator of the Year – Los Angeles”
U.S. News and World ReportBest Lawyers in America rated 1st Tier – California
Southern California Super Lawyers – Construction Law and Litigation
Northern California Super Lawyers – Construction Law and Litigation
Who’s Who Legal Guide to World’s Leading Construction Litigation Lawyers
PLC Which Lawyer?

PUBLICATIONS

  • Practical Construction Law (Federal Publications)

  • “Contribution, Equitable Indemnity and Good Faith Settlement” (California CEB)

  • California Construction Law (Federal Publications)

  • “Authority to Issue Changes” (Aspen Publications)

  • “Trying a Complex Construction Case to a Jury” (ABA Forum on Construction Law)

  • Handbook of California Construction Law (California AGC)

  • “Construction Defects” (California CEB)

  • “Bid Guarantees” (Wiley Law)

  • “Changes” (Wiley Law)

  • “Liability of Designers and Contractors to the End-User” (ABA Forum on Construction Law)

  • “Claims and the Project Schedule” (Federal Publications)

  • “The Owner’s Warranty of Plans and Specifications”, ABA Public Contract Law Journal

  • “Interpretation of Plans and Specifications” (Federal Publications)

 

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ADMISSIONS AND PROFESSIONAL ASSOCIATIONS

Member, American Arbitration Association Neutral Panels:

Mega-Projects Panel
Large Complex Construction Disputes Panel
National Construction Panel

Certified to the California Office of Administrative Hearings:

California Public Works Contract Arbitration Panel

Admitted to practice before:

The Supreme Courts of California and Ohio
The Supreme Court of the United States
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Federal Claims
U.S. Court of Appeals for the Ninth Circuit
U.S. District Courts for California, Nevada and Idaho

Fellow, American College of Construction Lawyers
Member, American Bar Association Forum on Construction Law
Member, American Bar Association Section of Public Contract Law
Member, California Lawyers Association

 

Contact

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