Representing a major not-for-profit health care system in drafting a full manuscript master design and construction procurement documents for use on its extensive negotiated work program. The current program is estimated in excess of $500 MM.

Representing an independent Japanese consulting firm in the drafting and negotiating of an Engineering Procurement Construction (EPC) project management contract for the design and construction of a Municipal Solid Waste to Ethanol Conversion Plant with an estimated construction cost of approximately $700 MM. The facility will convert municipal waste to fuel using new technology that avoids incineration, resulting in near zero emission output and is funded using private equity. The estimated development, permitting and construction costs are approximately $1 B, and the project is currently slated for completion in 2022.

Represented a private real estate development company as lead construction counsel in the expansion of the Choctaw Casino in Durant, OK, which included 3,400 additional slots, 40 additional gaming tables and the construction of a new 1,000 key hotel, 2,100 space parking garage and 30,000 square foot ballroom. The project was valued at approximately $500 MM.

Represented a real estate investment and development firm in the development of a 316-unit, mid-rise residential building located on the Atlanta Dairies mixed development site in Atlanta, Georgia. Adam acted as lead construction counsel during the development and negotiation of the construction contract.

Represented a national real estate investment firm in the development of a 254-bed, 126-unit, mixed-use student housing project on a 0.79-acre site located in Philadelphia, Pennsylvania. Adam acted as lead construction and insurance coverage counsel during the development and negotiation of the design-build agreement.

Represented a real estate investment company in the construction of a mixed-use development, including 257 multifamily units, approximately 7,000 square feet of first-floor retail and 284 parking spaces, located at 707-721 N. 3rd Street, Phoenix, Arizona on 0.48 acres of land. Adam acted as lead construction and insurance coverage counsel during the development and negotiation of the design-build agreement.

Represented a national real estate investment firm in the construction of a 658-bed, 309-unit student housing project on a 4.28-acre site in Coralville, Iowa. Adam acted as lead construction and insurance coverage counsel during the development and negotiation of the design-build agreement.

Represented a developer in the development of: (i) a 6-story, 150 key, approximately 167,000 square foot boutique hotel; (ii) a public park; (iii) an approximately 140,000 square foot parking garage; (iv) and approximately 15 condominiums in Fort Worth, Texas. Adam acted as lead construction and insurance coverage counsel for the owner on this project. Adam advised on all aspects of the controlled insurance program to be implemented by the construction manager.

Represented one of the largest mechanical contractors in Houston in a six-party international arbitration involving a failed refrigeration system installed in an industrial food processing facility in Missouri City, Texas. The owner of the facility was claiming about $10 MM in damages. Despite the client not having an arbitration clause in the purchase order with the Canadian company that manufactured the defective refrigeration system, we were able to successfully compel them to participate in the arbitration under the direct benefits estoppel theory. As a result of this strategic move and some creative coverage arguments, we reached a favorable settlement for the client, which was primarily funded by the Canadian manufacturer’s settlement contribution and the full policy limits tendered by the client’s CGL carrier. 

Represented a refrigeration contractor on an international, multi-party design/construction defects case involving an industrial refrigeration system in a large food processing facility.

Advised a large governmental entity on all aspects of procurement and contracting in connection with the site evaluation and project management of a $900 MM expansion program in Austin, Texas, including analysis of insurance policies of prospective design and construction firms. The project includes 1.5 million square feet of modern, high-performance office buildings connected by underground tunnels and parking facilities.

Represented a public owner in connection with the procurement of a Construction Manager-at-Risk for a $200 MM river improvements project in San Antonio, Texas, including the development and negotiation of the construction contract for the project.

Represented a heavy civil construction contractor in a multi-million dollar claim against the engineer and public owner for delays associated with unknown buried gas pipelines on a flood improvement project.

Developed and negotiated architectural, engineering and construction contracts for a public owner’s $900 MM hospital expansion program delivered under the construction manager-at-risk delivery method.

Developed and negotiated project management and design/construction contracts for a public owner’s service center projects to be delivered under Design-Build delivery method.