Representative Projects:

Drafted architect and construction management agreements for a $200 million casino project in Bensalem, Pennsylvania.  Among other challenges, the project was subject to strict regulatory guidelines which dictated a tight time frame for design and construction suggesting the need for fast-track design, bidding and construction. At the same time, an evolving market required flexibility in design and change management. Using an innovative project delivery approach, the project was completed on time, below budget, with a minimum number of claims that were resolved without litigation.  Two years later, in a significantly different market and regulatory climate, the client requested new contracts, using a traditional design-bid-build approach, for a $30 million to $50 million expansion of this successful project.

Managed design consultants and advised on legal and management issues on a $188 million assisted living and senior condominium community in Bethesda, Maryland.  Challenges included an aggressive, market-driven schedule; an under-performing design team; difficult site and regulatory issues; and the collapse of the housing market during the occupancy phase of the project.  The project was completed and all claims resolved within six month without litigation.

Advised the client's financial adviser and negotiated the construction contracts for a large luxury co-op apartment renovation on the Upper East Side of Manhattan. The project involved a noted New York residential architect and a pre-eminent builder. We also advised the client on construction and project close-out issues, negotiating change orders and settling disputed claims without litigation.

Drafted and negotiated the construction management agreement for a new seaside residence in Longport, NJ. 

Drafted architect and consultant agreements and advised the client regarding a proposed 10,000 sf museum of cultural artifacts to be located in a historic villa in Morocco.

Drafted and negotiated owner-architect agreements on behalf of a prominent Swiss architecture firm which is expanding its U.S. market presence. The representation evolved from advising the client regarding intellectual property issues related to the client's design for a Manhattan residential condominium project, to include advising on additional client-selected contract issues and the advisability of several projects, including a large-scale residential development in Las Vegas, an award-winning mixed use parking garage project in Miami, a historic municipal museum in New York, and art museums in Southampton, NY and Miami. The architect’s West Coast office has also requested advice regarding the mid-project restructuring of its client relationship and termination of the associated architect on a $20 million private residence and art gallery, including terminating the associated architect, engaging a new architect, and managing a significant multi-party construction defect claim.

Drafted, reviewed and negotiated construction and design consultant contracts for a $92 million hospital expansion located on a brownfield site in Long Beach, CA. Participated directly in negotiations with construction manager and its counsel. The construction management contract was originally executed in fall 2005; however, when the construction manager’s guaranteed maximum price was 50% above its pre-GMP cost estimate, we advised the owner to exercise its right to void the agreement and rebid the project, which yielded a reduced GMP price from the same construction manager. Later in the project, the owner requested assistance with the termination of its under-performing owner’s representative and engagement of a new owner’s representative.  In 2010, the owner requested assistance in negotiating new construction agreements for the fit-out phase of this project.

Reviewed and negotiated construction and design consultant contracts for a $140 million corporate headquarters building by an internationally renowned architect on a brownfield site in the Chelsea area of Manhattan. Duties included assisting developer’s counsel with drafting of contracts, negotiating key contract provisions with client's developer and construction manager, discussing and advising client on project delivery options, insurance and indemnity provisions, payment provisions, and other key contract provisions, and addressing certain construction phase disputes with the excavation contractor, curtainwall contractor and construction manager.

Handled a pro bono insurance recovery matter arising from defective roofing work which severely damaged the client's performing arts facility. Responsibilities included advising the client’s Board on legal options, deposition of defendant, and negotiation with the defendant's insurance carrier to obtain a cash settlement of the claims (approximate total recovery: $300,000 of $400,000 claimed). Board members and staff agreed that the recovery saved this 40-year old Philadelphia arts institution. Michael Peters received a firm-wide Pro Bono Award for work on this matter. 

Advised pro bono a not-for-profit Catholic elementary school in North Philadelphia that serves economically disadvantaged children, regarding the late default of the general contractor on their $5.5 million renovation and expansion project.  We assisted the school administrator, staff and architect in completing the project with a collapsing but cooperative contractor, addressing incomplete and defective, unpaid and under-performing subcontractors, and other challenges.  Duties included drafting and reviewing the original contract for construction (which closed off numerous potential claims and liens by the contractor), drafting correspondence, addressing the demands (including subpoenas) of unpaid subcontractors, negotiating project completion strategies with the contractor, negotiating with completion subcontractors and suppliers, and mediation of remaining claims by the defaulting contractor. After months of negotiation, the matter was settled de minimis without litigation.

Advised an offshore manufacturer of light rail vehicles in a protracted dispute regarding the troubled procurement articulated light-rail vehicles. Due to interruptions in delivery, the manufacturer was exposed to $10 million in liquidated damages, and other claims by the transit authority, as well as the interruption of vehicle deliveries and project payments, with extra costs to our client in excess of $50 million. The parties were able to reach a settlement under which the parties dropped their respective claims, and the authority resumed acceptance of vehicles and payments to the manufacturer. Responsibilities included drafting and editing project correspondence from the client's overseas project managers to the authority, reviewing and analyzing technical consultants’ reports, recommending legal positions on various contract and technical issues, and negotiating with the authority’s outside counsel.

Assembled subcontractor’s claims for overhead and termination expenses relating to an aborted power line transmission project in eastern Washington. After the client’s claim was improperly denied by the regional power authority, we filed an appeal to the Department of Energy Board of Contract Appeals in November 2004. Responsibilities included the drafting, discovery and negotiation of the appeal, including conferences with the administrative law judge and the power authority’s in-house counsel. As a result of the litigation and negotiations, our client was able to recover a significant portion of its claim in settlement from the authority.

Advised client, drafted and assisted in negotiating a design/build agreement for the successful addition to client's direct-mail warehouse and shipping facility in Hamburg, PA.

Drafted and negotiated the construction management agreement for a multi-million dollar arts academic center in Mercersburg, PA.

Structured and drafted a design/build contract for a small co-generation plant at a local continuing care facility. We advised a relatively unsophisticated client regarding the structure of the project and contracts, and negotiated a design/build agreement with a small but aggressive start-up energy consulting firm/builder, persuading this company to joint-venture with an experienced electrical contractor in order to protect the client's interests.

Helped structure and draft a design/build remediation contract for a brownfield site in Pelham, NY. Our client, a commercial/retail real estate developer, was engaged with the owner of the site, a major regional power company, who financed the remediation pursuant to an EPA order so that the client’s shopping plaza could be built on the formerly distressed site.

Drafted and negotiated architect and construction manager contracts for a multi-year, multi-million dollar school renovation and new construction program on Long Island, NY, including the architect and construction management agreements for three building projects.  When the school district's program doubled, we also assisted in negotiation and litigation of disputes relating to the termination of the original construction management agreement.

Drafted and negotiated architect and construction management agreements for the expansion of a prominent Philadelphia ballet school in a five-story, 41,000 sf facility that originally housed a Cadillac dealership.

Advised several emerging Philadelphia and New York architectural firms regarding new business ventures.  Duties include drafting and negotiating owner-architect, architect-consultant, and intellectual property agreements, and representation in fee disputes to recover past-due invoices.

Drafted contracts for the design engineering and engineering/procurement/construction ("EPC") of a $365 million flue gas desulfurization project in Homer, PA for a major regional utility.

Drafted and negotiated design/build remediation contracts and sub-consultant agreements for the remediation of a major Superfund site in Gloucester County, NJ.

Assisted an off-shore rail equipment supplier and its US affiliate in resolving a crisis related to the alleged cracking of brake discs provided by the client for high-speed trains.  Duties included advising the client regarding strategy and tactics for returning the trains to service, drafting and editing correspondence (as initiated by native German-speaking general counsel for the client), advising the client in relation to investigations by the US Office of Inspector General, drafting and negotiating complex multi-party settlement agreements, and advising client throughout the four-year enforcement of the primary settlement agreement and recovery of costs from underlying suppliers and manufacturers of the disks.

LITIGATION MATTERS:

Handled all aspects of an ongoing action in Pennsylvania state court against the builder of a defective custom home valued at over $1.6 million. The builder brought 23 subcontractors into the case as additional defendants. Duties have included defending the client's depositions, reviewing and coordinating expert reports and cost estimates, advising the client on strategic and practical issues, correspondence and negotiation with counsel for defendant parties, and successful mediation of the dispute resulting in a substantial payment to the client by the builder and its subcontractors .

Litigated two breach of contract and fraud claims against interior designers arising from high-value residential projects.

Assisted in litigation involving the completion of a troubled $106 million resort hotel/condominium project located on Grand Exuma in the Bahamas. Assisted co-lead trial counsel in analyzing construction and design issues, drafting motions and mediation statements, preparing exhibits and other materials for arbitration, which resulted in a favorable settlement after one day of arbitration.

Assisted lead counsel in litigation involving a developer’s termination of a major international construction contractor on a $124 million resort hotel/condominium project located on Seven Mile Beach, Grand Cayman Island. Assisted in analyzing construction and design issues, drafting motions, preparing exhibits and other materials for trial in the United States District Court for the Southern District of New York. Also interviewed and defended the depositions of architect and engineer witnesses, and was able to build a relationship of trust and confidence with these non-party witnesses that benefited our client. This litigation initially resulted in a $28.9 million verdict in favor of our client and denial of all the contractor's claims (later reduced by the court to a "walk-away"--the original goal of the client).

Assisted in analyzing design and construction issues relating to the fatal partial collapse of a casino parking garage in Atlantic City, NJ.  Duties including analysis of construction documents, advising on expert reports, and attending depositions of key witnesses.

Prepared a school district’s mediation claim for architectural malpractice arising from a $26 million high school renovation and addition project. Previously, disputed contractor and surety claims arising from this project were successfully mediated to settlement. Duties in both matters include gathering and analyzing significant documents, interviewing client personnel as potential witnesses, preparing the mediation statement and supporting exhibits, preparing documents and exhibits for presentation, and advising the client on litigation and settlement strategy.

Handled the pro bono representation of a low-income homeowner in her effort to obtain title to her residence of 13 years.  The client sued for specific performance of a real estate installment land contract of a row house in North Philadelphia.  Duties have included researching, drafting, filing and arguing motions, including a motion for summary judgment (pending), and a possible trial in Pennsylvania state court .