Practice Areas
Has served as an arbitrator, mediator, and dispute review board member on
numerous complex construction disputes since 2003. Has arbitrated and mediated
numerous construction disputes ranging in value from less than $1 million to over
$300 million. Parties to the disputes have included owners, general contractors,
subcontractors, and design professionals. Types of projects arbitrated or mediated
include public transit, tunnels, highways, pipelines, airports, commercial office buildings,
hotels, student housing, mixed use commercial/residential condo buildings, water
treatment facilities, schools, shopping centers, assisted living facilities, etc. These
disputes have included claims for delay damages, liquidated damages, differing site
conditions, loss of productivity, multiplicity of change orders, changes in scope of work,
design errors and omissions, and allegations of defective construction.
Served on the Dispute Resolution Board for the $1.4 billion Silver Line Metro Project in
the Washington, D.C. area. Served on the Commercial DRB Panel for the $1.2 billion
I-70 Corridor Project in Denver, Colorado (Central 70 Project) being constructed for
the Colorado Department of Transportation by Kiewit Meridiam Partnership. Currently
serving as a DRB Member on the $9.5 billion New Terminal One Project at JFK Airport
in Jamaica, New York. Currently serving as Chair of the DRB for the Hudson River
Ground Stabilization Project in New York City.
Experience
Over 48 years of experience specializing in construction law and the litigation of
complex construction contract disputes. In-depth knowledge of federal, state and local
government law pertaining to construction contracting. Extensive experience in the
litigation of claims for additional time and money under fixed price, cost reimbursable,
design – build, GMP (Guaranteed Maximum Price), EPC (Engineer/Procure/Construct),
and other types of construction contracting under government and private construction
contracts. Has represented several of the ENR top 10 engineering and construction
firms, and various prime contractors, subcontractors, and construction owners across
the United States and abroad in a wide variety of projects, including highways, bridges,
tunnels, mass transit, sports stadiums, water and solar facilities, wastewater treatment
facilities, nuclear, fossil, and hydroelectric power plants, chemical processing plants,
airports, pipelines, dams, electrical transmission, environmental remediation projects,
missile defense installations, embassy projects, commercial office buildings, hotels, and
prisons.
Has litigated in federal and state courts throughout the United States, and has represented
clients in numerous arbitration proceedings, administrative proceedings, administrative
hearings and other dispute resolution forums. Cases have involved damage claims
ranging from less than $1 million to over $5 billion and have typically involved claims for
changes, differing site conditions, delay and disruption, increased costs of performance,
and the impact and ripple effect of changes on the construction schedule. Has also
litigated a number of significant construction defect cases with damages ranging from
$50 million to $150 million. Intimately familiar with CPM scheduling principles and
construction cost analysis having worked extensively with and against scheduling and
accounting experts and construction claims consultants. Has worked frequently with
geotechnical experts on a wide variety of differing site conditions claims.
Has represented parties to numerous international construction disputes. Examples
include litigation of a dispute in London involving the construction of an offshore
pipeline in West Africa, arbitration of a dispute between a U.S. contractor and a major
Canadian pipeline company before the International Centre for Dispute Resolution, and
litigation of a dispute between the U.S. Government and a major international contractor
involving the construction of a missile defense base in Europe. Has also assisted clients
with numerous construction claims arising out of international construction projects
such as embassies in Europe and the Middle East, pipelines in South America and
the Caribbean, offshore oil platforms in South America and Canada, military base
construction in Spain and Greenland, mining projects, pipelines, and power generation
facilities in Canada
