Jeffrey G. Gilmore Shareholder Legal practice emphasizes domestic and international construction law involving a broad range of commercial, public and industrial projects. Industry experience includes litigation and arbitration of disputes arising out of EPC contracts for power generation facilities, petro/ chemical plants, marine construction, pipeline construction, design-build transportation projects (transit, rail, airport), healthcare, commercial office, and multi-family housing. Clients include various industry participants, such as owners (public and corporate), lenders, design professionals, contractors, developers, sureties, and government agencies. Relevant experience includes: - Establishing risk management policies and contract delivery methods for large-scale construction projects;
- Resolution of complex disputes and business tort claims, through litigation, arbitration and other Alternative Dispute Resolution methods.
- Preparation, negotiation and defense of construction contract claims; and
- Serving as project counsel and outside general counsel to a variety of owners and contractors in the construction industry.
Industry Experience - Power Generation, Public Utilities, Healthcare, Multi-Family Housing, Correctional, Process Plant, and High Speed Transit Projects
- Design-Build and EPC Contracting, CPM Scheduling
Client Work - Litigation counsel for major metropolitan utility owner in successful defense of claims approaching $100 million by EPC contractor.
- Litigation counsel for foreign based owner in defeat of EPC contractor claims for nearly $200 million and recovery of more than $80 million in damages for delays in constructing power generation facility.
- Lead litigation counsel in litigating wrongful termination claims against owner resulting in a multi-million dollar recovery from owner, construction manager, and individual officer for compensatory and punitive damages.
- Represent transportation system owner in defense of claims arising out of design-build contract for construction of power conversion facility.
- Represented public owner in defense of claims of general contractor on project involving construction of municipal sanitary and storm sewer system.
- Defended owner/developer of hydroelectric project against claims of contractor and turbine manufacturer. Successfully resolved counterclaim seeking damages for construction failures and warranty issues.
- Represented masonry and electrical contractors in claims on federal prison project in Butner, North Carolina.
- Defended contractor against multi-million dollar claim by public owner against suppliers, contractors and designer of fossil fuel electric power facility. Developed strategy for discovery, successful dispositive motions, settlement and insurance reimbursement of all litigation costs.
- Represented contractor in pursuit of claims arising out of construction of underground strategic petroleum reserve facility in southeast Texas.
Reported Cases - Choctaw Generation L.P. v. American Home Assurance Co., 271 F. 3d 403 (2d Cir. 2001) (scope of arbitration agreement).
- Fujian Pacific Electric Company Limited v. Bechtel Power Corporation, No. C04-3126 MHP, (USDC Northern District of CA, 2004).
- Gust K. Newberg Construction Company v. County of Fairfax, et al., (US Court of Appeals, 4th Cir, 1992).
- Cyberchron Corporation v. CallData Systems Development, Inc., 47 F.3d 39, (US Court of Appeals, 2d Cir., 1995).
- Urban Masonry Corporation, v. N&N Contractors, Inc., 676 A.2d 26, (DC Court of Appeals, 2d Cir., 1995).
- ABB Daimler-Benz Transportation (North America, Inc.), v. National Railroad Passenger Corporation, et al., 14 F.Supp.2d 75, (USDC District of Columbia, 1998).
- Hawkeye Funding, Ltd. P'ship v. Duke/Fluor Daniel, 307 AD2d 828, 763 NYS.2d 574 (NY App.Div.1st Dep't, 2003) (deciding jurisdictional question of arbitrability of disputes).
- Spinelli, Kehiayan-Berkman, SA v. Imas Gruner, AIA Associates, et al., 602 F. Supp.372, (USDC District of Maryland, 1985).
- Bush Development Corporation v. Harbour Place Associates, et al., 632 F.Supp.1359; (USDC for the Eastern of Virginia, Norfolk Division, 1986).
- Edward T. Rappold, et al. v. Indiana Lumbermens Mutual Insurance Company, 246 Va. 10; 431 SE2d 302 (Supreme Court of Virginia, 1993).
- Fisk-Allied, a Joint Venture v. Manhattan Construction Company, Inc., 835 F. Supp. 334 (USDC Eastern District of Texas, Beaumont Division, 1993).
- MW Builders of Kansas, Inc. v. VT Properties, Inc. et al., 246 Va.255; 435 SE.2d 145 (Supreme Court of Virginia, 1993).
- Franklin X. Davidson v. Morganti National, Inc., Civ. No. 3:96cv1053 (AHN); USDC for the District of Connecticut, 1996.
- Rose Marie Hospodor, Executor, v. ARINC, Inc., 956 F. Supp.1263; (USDC for District of Maryland, 1997).
- Capital Indemnity Corporation v. The Mountbatten Surety Company, Inc.; (USDC for District of Maryland, 2001).
Publications/Presentations/Speaking/Recognitions Publications "The New AGC/ASA/ASC Standard Form Construction Subcontract," Construction Briefings, Federal Publications, Inc., October 1994. "Contracting for the Construction of Power Generation Facilities," Construction Briefings, Federal Publications, Inc., April 1989, co-author. "Contractor Bankruptcy - the Surety's Perspective," Construction Briefings, Federal Publications, Inc., March 1992, co-author. "Dealing With International Contracting Risks," Construction Briefings, Federal Publications, Inc., April 1986, co-author. Speaking Engagements/Presentations Presents educational programs and seminars to industry associations on topics affecting the construction industry, such as strategies for termination, alternative dispute resolution, contract administration, contract claims, scheduling, surety claims, and risk management. Has spoken on behalf of: Associated General Contractors of Virginia, seminar entitled, "Critical Path Method (CPM) Scheduling." Ernst & Young, seminar entitled "Managing Risks in the Construction & Conversion of Healthcare and Life Sciences Facilities." Health Facility Institute, entitled, "Design/Build Contracting." Associated Builders and Contractors, entitled "Arbitration and Litigation"; "Subcontract Terms and Rules of Contract Interpretation"; "Lien Law." Associated Builders and Contractors, entitled "Alternative Means of Construction Dispute Resolution"; "Liens, Bonds and Other Remedies." Associated Builders and Contractors Management Education Program, entitled "Construction Law: Contracts." Associated Builders and Contractors Management Education Program, entitled "Protecting Your Payment Rights." Professional Affiliations Associated General Contractors Associated Builders and Contractors of Metropolitan Washington America Public Works Association Design-Build Institute of America American Public Transportation Association District of Columbia Bar Association Virginia State Bar Association Maryland State Bar Association Fairfax Bar Association Bar & Court Admissions Bar Admissions Virginia
Maryland
District of Columbia Court Admissions U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the District of Maryland
U.S. District Court for the Western District of Michigan Education J.D., Marshall-Wythe School of Law, College of William and Mary, 1982 B.A., Economics, Miami University, Oxford, Ohio, 1979 | |
