Public Construction and Procurement

Representative Matters

– Represented and defended numerous clients from Federal Miller Act and Little Miller Act Claims, all of which involved related surety bond (payment and performance bonds) claims as well as handling many surety bond disputes (payment and performance bond) on private construction projects.

–Represented a municipality on contractor claims as well as prosecution of professional negligence claims arising from an underground tunnel collapse.

–Represented public agencies and political subdivisions in bid protests such as (i) the construction of a city hall facility; (ii) the renovation of an airport terminal; (iii) a contract to supply UNIX computer workstations to numerous State agencies; (iv) a wastewater treatment plant; and (v) an interstate bridge project.

–Represented one of the largest engineering companies in the United States in claims of more than $7,000,000 arising from design and construction management of a $40,000,000 wastewater treatment plant and construction of its related sewer lines.

–Represented a joint venture of two large architectural firms in a dispute over the construction of a large hospital complex concerning claims for fees sought by architectural joint venture and defending improper design claims raised by the owner.

–Represented an energy pipeline owner regarding the acquisition of right of way and permit issues for utility corridors.

–Represented a major engineering and construction consulting firm in resolving audit issues with the local school board concerning management of numerous school construction projects.

–Represented landowner in an eminent domain lawsuit, obtaining a favorable jury award against the state and successfully defending the award in the appellate court.

–Represented a public school board in connection with a dispute with its general contractor and designers involving a defective roofing system installed on new high school.

–Represented an electrical construction company/software design entity in a pre-bid qualification for the Gordie Howe International Bridge (Detroit-US – Windsor Canada) for the “smart road” installation/construction.

–Represented an electrical construction company/software design entity in the negotiation of contracts for the supply and maintenance of software for traffic controls for two Canadian municipalities.

–Negotiated Agreements with a municipality for public messaging/communication on Highways (RESCU System) and operation of the central management system.

–Represented a municipality in relation to a design-build contract for a sewage treatment plant.

–Prepared comprehensive integrated design and construction contracts and procurement documents for several municipalities, and other government agencies (including a school district).

–Represented major public hospital district in negotiating a $40 million programming agreement, then developing an integrated procurement and contracting system for the solicitation and contracting for design and construction services to implement a $900 million bond program to build a hospital and multiple regional medical centers.

–Represented multiple government agencies, school districts, and municipalities, dealing regularly with procurements, bid protests, and related issues. Representation includes serving as general counsel and as a school district hearing officer regarding construction procurement protests.