Recent Representative Matters

  • Awarded summary judgment in litigation on complex claims against a geotechnical engineer regarding settlement issues at a $7M juvenile detention facility and in litigation on complex claims against a geotechnical engineer on settlement issues during the construction of a cancer treatment facility
  • Represented the site work and structural concrete subcontractor on a $30M multiple building office complex and research center. The litigation included issues of non-payment for alleged construction errors and defects
  • Defended joint venture partners on steel subcontractor’s claims for extra contractual damages on $66M bridge project
  • Represented a mechanical contractor on complex delay and coordination issues on the construction of a $30M university science facility project
  • Represented multiple condominium owners’ associations and members on multiple projects for design and construction defects
  • Defended a masonry contractor against the claims of a material supplier on the construction of a $6M courthouse project. The arbitration focused on responsibility for design defects in the materials as well as interpretation of design documents and specifications
  • Represented a site work contractor on claims for remediation of settlement issues on an $8M courthouse project
  • Represented the project manager in the renovation of a resort hotel and spa against the claims of the general contractor. The litigation focused on liability for multiple items of scope creep and change orders, construction defects and the professional liability of the architect and project manager
  • Represented a subcontractor on the construction of a waste water treatment plant against the general contractor and its surety. The litigation involved complex damage issues and construction defect issues as well as surety bad faith
  • Represented a large bridge contractor in a claim against the Kentucky Department of Transportation for non-payment on alleged failure to follow design specifications

Recent ADR

  • Served as sole arbitrator on Large Complex Procedures case involving claims for default, delay and disruption damages on methanol production facility project
  • Served on three member arbitration panel for four week adjudication of delay, disruption and scheduling impacts relating to construction on an automotive manufacturing facility
  • Chaired arbitration panel on general contractor’s claims against plumbing contractor for default, delay and disruption damages on residential development project
  • Served as sole arbitrator on private school design-build project involving delay, scope and temination issues
  • Served as sole arbitrator on public school project involving subcontractor’s scope creep and termination issues
  • Served as sole arbitrator on mechanical contractor’s breach of contract and contract scope claims for multiple upgrades to office building
  • Served as sole arbitrator in dipute over defective workmanship claims against roofing contractor
  • Currently serving on five active arbitrations involving: Large Complex Procedures case for default and termination claims by prime contractor and subcontractor on agricultural production facility (three member panel), default and wrongful termination claims of subcontractor on United States military facility, general contractor’s claims against subcontractor on university student center, wrongful termination claims of subcontractor against general contractor on multi-building development project, and owner’s claims against contractor for defective work on multi-million dollar residential project.
  • Recent appointments as a mediator include resolution of delay and disruption damage claims by a second tier subcontractor on an automotive manufacturing facility; claims by a bridge painting subcontractor against the general contractor and the Kentucky Transportation Cabinet; general contractor and subcontractor claims against architect and public owner for performance of scope changes; claims of an electrical subcontractor against the general contractor on a Veterans Administration hospital, site work contractor’s claims against the owner of a nursing home facility for validity of backcharges and claims of multi-state developer against plumbing contractor on projects located in different states