Construction Experience

• Regularly advise owners and subcontractors regarding procurement, risk allocation, contract negotiations, and claims resolution for design and construction of public and private projects, including commercial, industrial, and infrastructure projects.
• Lead counsel on complex construction disputes described below involving defects, change orders and delays on road and highway projects, water treatment plants, airport and rail facilities, energy projects, multifamily, hospital, and other public projects.
• Represented public entity on a $1.5 billion design build project involving delay claims relating to real estate matters.
• Represented public entity in connection with delay claims and change orders asserted by contractor on $200,000,000 million project.
• Represented owner of $100,000,000 manufacturing facility in connection with cost overrun, delays, and defects by terminated contactor.
• Represented regional tollway authority on various transactional and dispute matters, including substantial claim for cost overruns and delay by contractor in connection with construction of a tollway project.
• Represented international airport in two lawsuits involving delay and change order claims arising out of design and/or construction defects and costs to repair defective rail facilities.
• Represented subcontractor in connection with state and federal lawsuits arising out of transmission line project.
• Represented large metropolitan county in connection with delay and cost overrun claims by general contractor relating to a various matters, including a jail project, road project, and complex historical renovation of courthouse and other county facilities.
• Represented manufacturer and installer of baggage handling systems in construction and payment disputes around the country and served for three months in a secondment as solo in-house counsel, assisting with risk analysis of bids, drafting construction contracts, and advising on change orders and dispute resolution during projects.
• Represented major airline in various contract and construction disputes involving fuel farms at multiple airports, as well as in arbitration and lawsuits arising out of design and construction defects, breach of warranties, schedule delays and cost overruns encountered in an $80 million airport project in New York.
• Represented the public owner of a $50 million performing arts center in a lawsuit against the architect for errors and omissions and schedule delays.
• Represented an international specialty supplier/subcontractor in numerous projects including water treatment facilities, hospitals, airports, and other government buildings.
• Represented the owner of a department store damaged by soil movement in a complex case involving claims against the design and construction team.
• Represented a large international client defending over $80 million in claims brought by a foreign governmental entity arising from a gas turbine failure. The case involved protracted jurisdictional challenges and international discovery in three countries over several years.
• Represented a general contractor in a lawsuit filed by a condominium developer alleging schedule delays and warranty claims relating to water infiltration and other alleged construction defects.
• Represented a restaurant equipment supplier in various matters, including a dispute regarding cost overruns and delays in connection with a large commercial kitchen facility.

Business Litigation Experience

• Lead appellate lawyer on a successful reversal of class certification in an oil & gas matter.
• Representative clients include large insurance brokerage firms, reinsurers, equipment and device manufacturers, and others.
• Represented a regional hospital system in a complex antitrust lawsuit brought against a group of specialty physicians and its affiliated entities.
• Represented an investment company in $50 million dispute arising out of the financing and acquisition of three high-rise office towers in New Orleans. The dispute involved litigation in two states and included numerous parties and counterclaims relating to the financing and performance of dozens of other commercial investments.
• Represented an investor in litigation regarding enforceability of excess tax payment agreements involving numerous high-rise office towers in Las Colinas.
• Represented a national insurance company in a multi-week arbitration against a hospital involving failure to transfer an HMO license and reimbursement of insurance proceeds. Represented a Delaware limited liability company in a multi-week AAA arbitration arising out of a dispute with a former partner and claims for dissolution.
• Represented a lender in federal court and AAA arbitration proceedings involving breach of contract and tortuous interference claims arising out of a tri-party agreement for interim and permanent financing for commercial project.
• Represented the former officers and directors of a dot.com in defense of claims for breach of fiduciary duty brought in an adversary proceeding by a Chapter 7 trustee.
• Experience counseling and litigating on behalf of clients seeking to enforce or to defend against enforcement of covenants not to compete and nondisclosure agreements.
• Represented owner of hotel properties in suits for accounting and breach of fiduciary duty.
• Represented manufacturer in contract and product liability dispute involving specialized medical equipment.
• Represented various clients defending and enforcing covenants not to compete and trade secret disputes.