Construction

Kevin’s construction experience ranges from project delivery counseling, drafting and negotiating contracts, assisting clients in evaluating claims for defect, delay and prolongation and representing clients in disputes. Kevin has experience in megaprojects, manufacturing, energy and heavy industry works, national security infrastructure, airports and land reclamation. Representative projects include:

• Advising and counseling a global semiconductor and technology company for the multi-billion dollar greenfield design and build of a megaproject semiconductor plant and associated facilities in Ohio. This includes serving as project counsel to the owner, drafting and revising agreements to enable design and construction, advising on risk and risk mitigation, claims review and analysis, and advising on the disposition of disputes.
• Advising one of the world’s largest energy companies on new construction projects, including transmission lines, expansion of transmission lines and other infrastructure improvements. Drafted and negotiated multiple EPC agreements with international contractors and advised client on risk and claims during project execution.
• Advising client on data center design and construction, including drafting, revising and negotiating agreements with contractors and large equipment suppliers.
• Advising and representing a global engineering corporation in disputes related to the construction of New York City-based projects, including representation during discovery and related matters.
• Advising OEM equipment supplier delivering power plant equipment on a contract dispute, including delay analysis evaluation and contract closeout with the plant owner.
• Advising a multifamily housing development in the drafting of multifamily construction projects.
• Representing multiple corporate owners on the design and construction of chemical, manufacturing and other technology development corporations, including advising, drafting and negotiating agreements, and representing during claims and disputes.
• Defense of a prime contractor for a hospital construction project, evaluating subcontractor claims, mechanic’s lien discharge applications and claims negotiations.
• Assisting an owner in project delivery, contract drafting and negotiations for a multi-million dollar renovation and new wing addition to the owner’s corporate headquarters. Advising on related design, development and construction of a multi-acre, $70 million learning and development campus.
• Representing commercial landlords and tenants during lease drafting and negotiations, including construction work letter drafting and negotiations.
• Assisting a subcontractor in defending claims of defective construction of a multi-family construction project.
• Represent surveying and inspecting companies for damage claims arising from pipeline construction in Southern Ohio.
• Representing pipeline contractors in state and federal courts regarding claims for outstanding payment, defect claims and disputed change orders.
• Advising and counseling the Steering Committee for the design and construction of a $20 billion, major international airport in the State of Qatar.  This included serving as project counsel, claims review, and advising on litigation strategy and ADR matters.
• Defending an owner in arbitration against claims arising from the design and build of a national security infrastructure project, including delay, prolongation, disputed variations and liquidated damages claims. Representation included drafting briefs and representing client at arbitration hearings.
• Representing a governmental owner in mediation and litigation for claims arising from a multi-billion dollar infrastructure project, including preparing claims, researching and drafting requests for arbitration. Working with experts to identify and quantify delay claims, master planning works deficiencies, infrastructure systems design and construction defects (including MEP, wastewater and security systems), contract management and administration failures, and problems arising from the design, build and project management of constructing a megaproject and associated facilities.
• Advising and counseling an international joint venture contractor performing services for the construction of the Riyadh metro system on contract issues.
• Advising a bid-build contractor road failure claims, including representing client during bilingual mediation proceedings and related litigation.
• Counseling an MEP subcontractor on construction issues and rights upon termination of contract. Assisting in developing warranty claims and drafting project correspondence

International Arbitration and Cross-Border Disputes

Kevin counsels and represents in international arbitration proceedings, including the analysis of relevant national laws and enforcement of judgments in the United States and overseas. Representative disputes include:

• Representing an international bank in an ICC arbitration (New York seat) on claims for breach of contract, fraud and fraudulent inducement, including drafting statement of claim and counseling client on arbitral proceedings.
• Representing supply chain and logistics provider regarding potential FCPA and criminal issues regarding U.S./Mexico border crossing.
• Representing Qatar government in ICC arbitration proceedings, including arbitration hearings (Doha, Qatar seat).
• Representing Qatar government in ICC arbitration proceedings (London seat), including drafting claim documents, representing client at mediation, drafting documents in arbitration, and working with experts to develop claims.
• Representing a Malaysian contractor in foreign state proceedings, including mediation and litigation, and consultation with local counsel.