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Construction Projects and Infrastructure 2021


Speaker(s): Barry R. Temkin, Charles G. Banino, George Meyer, Gregory Hummel, Heidi Hennig Rowe, Helmut K. Johannsen, Jerry P. Brodsky, Jody Debs, Josh M. Leavitt, Kathleen O. Barnes, Kenneth M. Roberts, Michael Johnson, Scott R. Fradin, Tina Millán
Recorded on: May. 13, 2021
PLI Program #: 305433

Barry Temkin is a partner at Mound Cotton Wollan & Greengrass LLP.  He is a litigator with extensive trial experience, having tried over fifty jury trials to verdict.  He has also litigated numerous arbitrations, including securities, commercial and employment disputes. As an Assistant District Attorney in Brooklyn, he tried dozens of jury cases and served as a Senior Trial Attorney in the Homicide Bureau.  Mr. Temkin represents broker dealers, financial advisors, insurance brokers, financial firms and investment advisers in litigation, arbitration and regulatory investigations. Mr. Temkin represents lawyers and law firms in professional responsibility matters, including conflicts, sanction proceedings, fee disputes, legal malpractice cases and proceedings before the attorney grievance committee. He also litigates and tries commercial, construction and professional liability cases.

Mr. Temkin is an adjunct professor at Fordham University School of Law, where he teaches courses on securities regulation and professional responsibility. Mr. Temkin has published articles on securities law and attorney professionalism in the Georgetown Journal of Legal Ethics, Law 360,  The Securities Regulation Law Journal, Seattle University Law Review, Securities Arbitration Commentator, and the New York Law Journal. Mr. Temkin has been a member of the FINRA (Financial Industry Regulatory Authority) Board of Arbitrators since 1999, and served for ten years as co-chair of the New York Country Lawyers’ Association Professional Ethics Committee. Mr. Temkin has lectured on securities law, professional liability and legal ethics at the New York State Bar Association, the New York County Lawyers’ Association, the Association of the Bar of the City of New York, the Practicing Law Institute, the Futures Industry Association and numerous corporations and insurance companies. He has been quoted in the ABA Journal, Investment News, the New York Law Journal, The Economist, The Wall Street Journal.com, Law360.com, The National Law Journal, American Banker, Lawyers U.S.A. and other publications.  He is a graduate of the 


Charles has spent decades establishing a reputation for anticipating and solving the myriad problems that companies face in the high risk area of EPC contracting, protecting clients from liability and reducing their risk profiles. Global companies across the United States, Europe and South America consistently recommend Charles for his superior negotiating skills, his practical approach to problem-solving, his extensive experience in the EPC world, and his ability to deliver positive results.

Charles has an impressive track record for controlling risk through the art of skillful negotiation. His practice focuses on complex commercial contracts, particularly for large industrial projects, including metallurgical, petrochemical and material processing plants, renewable energy projects, and engineered systems, where contractors design, construct and deliver plants, renewable energy projects, systems and equipment.

Charles guides these projects from inception through construction and final delivery, giving special attention to the goal of creating contractual relationships that endure and withstand litigation or arbitration challenges.

Earlier in his career, Charles built his reputation by negotiating sophisticated real estate transactions, including leasing, development, construction, and related matters. He has experience in IP licensing and right to use matters, plus various transactional work including dispositions, acquisitions and reverse sales. Charles also has extensive experience in supervising and negotiating settlements of commercial litigation on behalf of his clients, working closely with the litigation team that supports those activities.


George Meyer is a construction and real estate lawyer, with extensive experience representing owners, developers, contractors, and designers on large, complex development projects. He handles all types of construction and real estate transactions, including the preparation, negotiation, award/closing, and administration of development agreements, design contracts, construction contracts, design-build contracts, construction management agreements, P3 contracts, purchase and sale contracts, option agreements, easements, leases, operating agreements, and project financing facilities.  Mr. Meyer has worked on major projects all across the country, including many stadiums, arenas, ballparks, convention centers, airports, hospitals, education facilities (primary, secondary, university and research), hotels, casinos, mixed use (residential, retail and commercial), telecommunication  facilities (including cell towers and undersea cables), manufacturing facilities, pipelines, refineries and railroads. He has helped clients successfully resolve all manner of contract claims and disputes, including design and construction deficiencies, delay claims, change orders, additional services, construction liens and bond and insurance claims.  Mr. Meyer is board certified in Construction Law by The Florida Bar and is a fellow of the American College of Real Estate Lawyers and American College of Construction Lawyers. He is consistently rated by Chambers USA Guide to America's Leading Business Lawyers and the Legal 500 as one of the top construction lawyers in Florida, including being named by the Legal 500 as one of the top 10 construction lawyers in the country. He has served as Chair of the ABA's Forum on Construction Law and as Chair of the Real Property, Probate and Trust Law Section of The Florida Bar. He is the recipient of the RPPTL Section's John Arthur Jones Annual Service Award, Robert C. Scott Memorial Service Award and the Section’s Construction Law Committee's Lifetime Achievement Award.


Greg Hummel has helped clients in a range of complex projects and transactions over his 40-plus years of law practice. These positive outcomes often involve finding gap funding necessary to make deals feasible, identifying sources of recurring revenue to anchor a project’s development and ultimate operation, achieving regulatory relief or the necessary permits to allow projects to proceed, or driving consensus among key stakeholders to achieve critical agreements.

This dealmaking ability arose from Greg’s varied experience and thought leadership. For the first 20 years of his career, Greg practiced as counsel to some of the nation’s largest real estate developers and lenders, undertaking complex real estate projects and transactions. He then focused on drafting and negotiating design and construction contracts for institutional owners that revitalized their holdings or program and construction managers overseeing complex projects. In the last 20 years, Greg has acted as either underwriter’s or bond counsel for investment banks or municipalities providing infrastructure to master planned communities or undertaking brownfield redevelopment or other economic development and job creation activities.

Today, he combines this experience in a public-private partnership practice where he represents states, territories, counties and municipalities in complex redevelopment or infrastructure projects or when he acts for major companies seeking incentives for new headquarters, distribution centers, call centers, R&D facilities and the like.

His thought leadership is marked by writing and speaking on a range of timely legal and business topics including, most recently, Biden infrastructure planning. Additionally, he is a contributing author and speaker to Chicago Central Area on a variety of publications and engagements and was a moderator and P3 Task Force Chair for the American College of Construction Lawyers’ 31st Annual Meeting, which took place in Tuscon, Arizona.

He has been an Urban Land Institute trustee and foundation governor since 2001. He helped found the American College of Construction Lawyers in 1989 and today leads its P3 Task Force and is the Chair and a member of the Board of Directors to the Chicago Central Area Committee. The learning and relationships he has gained from these and other organizations enables Greg to discern trends, influence behaviors and, in some instances, develop trends. One notable area where today he is helping to shape trends is social impact investing.

Greg prides himself on giving back to the community and is actively involved in many organizations including, the Chairman of Homes for Children Foundation, which supports Kids Above All, one of Illinois oldest child welfare organizations. He is also the Vice Chairman of the Alliance for Regional Growth, the implementation vehicle for the 2012 OECD Territorial Review of the greater Chicago metropolitan area comprised of seven counties in each of southeast Wisconsin, northeast Illinois and northwest Indiana. 

He received his J.D. from Northwestern University and B.A. with honors from MacMurray College. He is admitted to the Illinois bar.


Heidi Hennig Rowe is the deputy practice group leader of Venable’s Construction Law Group.  She has significant experience in contract drafting and negotiating design and construction contracts, handling more than a billion dollars in contracts on an annual basis for projects throughout the country. In addition, she regularly assists project owners with contract administration, contract enforcement, and claims management, helping project owners to resolve claims efficiently and expeditiously, before they become formal disputes.

Heidi focuses on finding effective business solutions to construction-related risks. She has represented project owners, contractors, and design professionals and understands the various concerns and priorities of the parties around the negotiation table. Her approach is also informed by her experience as a construction litigator, having prosecuted and/or defended construction defect claims, complicated delay claims, and claims for non-payment, among other things, in mediation, arbitration, and litigation.

Heidi also advises clients in construction-related bankruptcies. Her experience includes advising claimants of their lien rights in bankruptcy, helping lenders to rid collateral of lien claims, and implementing strategies for effectively managing numerous lien and trust fund claims within a single bankruptcy.


Helmut Johannsen, P.Eng., C.Arb., FCIArb. is Counsel in the Vancouver office of Singleton Urquhart Reynolds and Vogel LLP, a leading construction law firm in Canada.  Helmut is a lawyer, licensed professional engineer and chartered arbitrator with over 35 years’ experience in construction law.  He is a Fellow and Past President of the Canadian College of Construction Lawyers, Fellow and board member (2020-2023) of the American College of Construction Lawyers, Fellow of the International Academy of Construction Lawyers, Past Co- Chair (2017-2019) of the International Construction Projects Committee of the International Bar Association, Member and Past Director of ADRBC (and current Chair of the Arbitration Credentials Committee), Member of the Dispute Resolution Board Foundation, Fellow of the Chartered Institute of Arbitrators (UK), and Member of the International Council of Commercial Arbitrators . 

Helmut's practice includes early risk identification and mitigation for projects, development of procurement processes, negotiation of contracts, and resolution of disputes, both in Canada and internationally for all types of projects.  He has also been involved in P3 projects across Canada, including for hospitals, highways, rapid transit, power projects and bridges, having represented at various times public authorities, concessionaires, design-builders, consultants and subcontractors.  He also acts as an Arbitrator, Mediator, Dispute Review Board Member and Project Adjudicator on procurement and construction related disputes. Helmut is a regular speaker at national and international conferences and is recognized for his expertise in numerous publications including Who’s Who Legal (under 4 categories: Construction; Government Contracts; Mediation and Thought Leaders), Chambers Global (recognized as a Leading Individual in Construction), Lexpert, Best Lawyers and Martindale-Hubbell.  He is also a co-author of the Canada Chapter of The Public Private Partnership Law Review (2014).


Jerry Brodsky is a partner and director of Peckar & Abramson’s Latin American practice. Jerry is trilingual (English/Spanish/Portuguese) and is certified by the Florida Bar as a Construction Law Specialist. Many of Jerry’s matters involve multi-cultural domestic or cross-border transactions and disputes.

His practice includes the representation of international and domestic general contractors, construction managers, sureties and other construction professionals in the United States and throughout Latin America and the Caribbean, in the preparation of contract documents, negotiation, mediation, arbitration and litigation of construction contract claims, construction and design defect claims, insurance claims, surety bond claims and related matters.

Jerry’s practice and experience includes mega-projects for transportation and other infrastructures, as well as industrial, commercial and residential engineering and construction projects. Jerry also provides training services and counseling to domestic and international clients in the areas of contract negotiation, compliance and legal project administration/risk management.

Jerry represents and has served as project counsel during the procurement, negotiation, implementation, administration and post-completion phases of mega-projects, using both traditional and project finance/public-private partnership delivery models.

Jerry also serves as referee and dispute board member in international disputes involving construction of infrastructure projects in Central America and has been engaged to develop, implement and administer a program of dispute boards for world sporting events in Brazil.

Jerry has been elected Chair of the International Division (Division 8) of the American Bar Association’s (ABA) Construction Forum and appointed to The Dispute Resolution Board Foundation’s (DRBF) Region 4 Interim Board of Directors for Latin America. He has received many accolades for his knowledge in construction law including being recognized by Chambers USA, Who’s Who Legal, Florida Super Lawyers, Best Lawyers, and the South Florida Legal Guide.

Jerry is admitted to practice in the State of Florida and the United States District Courts for the Northern and Southern Districts of Florida. He is a member of the Florida Bar and the Dade County Bar, and has served as an officer of the international division of the Forum on Construction of the American Bar Association. He received his bachelor of science in industrial engineering from Lehigh University and his law degree, summa cum laude, from the University of Miami.


Jody was formerly the General Counsel at HDR, Inc. HDR is a leading architecture, engineering and consulting company. Jody is responsible for global legal operations insurance, legal compliance, and governance for the 10,000-person employee-owned company.

From May 2014 to August 2015, Jody was the General Counsel North America, at ARCADIS and was responsible for a team of legal, contracts and insurance professionals for North American operations for the Dutch global public design, engineering and consulting company with approximately 28,000 employees. 

Jody served in various legal positions at CH2M HILL, Ltd. from 2004 to 2014, including Interim General Counsel and North America Contracts and Global Procurement Director and Director of Risk.  Prior to CH2M HILL, Jody was a member of the legal department of Bechtel Group, Inc., and was an associate at Mayer Brown.

Jody received her J.D.  from Duke University School of Law in May 1988, ranking in the top 5 students of her class. She graduated with High Honors and was a Member of Order of the Coif and Duke Law Journal, having also received the Hornbook Award for highest first-year grade point average. Jody received her M.A. in Economics from Duke University in May 1988, and a B.A. in Economics and Bachelor of Journalism from the University of Missouri, cum laude in May 1984. Jody was a member of Phi Beta Kappa, Phi Kappa Phi; Kappa Tau Alpha; recipient of a Gregory Fellowship for graduate study in Economics; an  INGAA Business Journalism Scholarship; and  a four-years Campbell’s Scholarship.

Jody’s interests include being a fellow in the American College of Construction Lawyers, Board member (and past president) for Engineers Without Borders USA, and volunteering as a Court Appointed Special Advocate (CASA) for children in foster care.

Jody is currently a member of Illinois, Nebraska and Colorado State Bar.


Josh advises his clients on a broad range of construction law matters, including disputes, contracts, and counseling on industry risk. Chair of the Much Shelist Construction Law practice, he has more than 30 years of construction law experience and is an elected Fellow of the American College of Construction Lawyers and Past President of the Society of Illinois Construction Attorneys.

Josh has significant knowledge of the construction industry and represents several worldwide leaders in the construction space, as well as middle-market companies. He has handled all manner of construction law matters for both domestic and foreign clients across the full spectrum of industry participants, including owners, contractors, architects, engineers, suppliers, manufacturers, developers and commercial landlords and tenants. He has handled matters involving dozens of building systems and technologies, on a variety of building and project types.

On the disputes side, Josh has handled defective design and construction, scheduling, delay, disruption, interference, efficiency loss, out of sequence work, cost overrun, mechanics lien, wrongful termination, extra work, change order, fraud, lending, insurance coverage, bonding, green building/sustainability, commercial lease and other disputes. Josh is a frequent user of alternative dispute resolution techniques, including creative forms of mediation and arbitration. He has presented and cross-examined numerous expert witnesses, including structural, mechanical, soil, instrumentation, control system, process and chemical engineers; material scientists; roofing, HVAC, and other building system consultants; standard of care, estimating, scheduling and damages experts; and numerous design professionals and builders.

On the transaction side, Josh counsels clients on delivery system selection, contract negotiation and risk management. Josh has drafted, negotiated and/or advised clients regarding a wide range of construction, design and EPC project agreements. Josh also advises clients on contractor and A/E licensing matters. Josh is often called upon to identify and mitigate risk in connection with M&A transactions in the construction and engineering sectors.

Josh holds a B.A. in Economics from Yale University and a J.D. from New York University School of Law. For over 25 years, Josh has been a speaker and author at PLI programs and is proud to be a national co-chair of the PLI Commercial Real Estate Institute for the past four years.


Kathleen Olden Barnes is a Senior Partner in the McLean, Virginia main office of Watt, Tieder, Hoffar & Fitzgerald, LLP, a preeminent construction law firm in the United States. Kathy Barnes’s practice focuses on domestic and international construction contracting and federal government contracts. For 30 years, Kathy has represented clients at every stage of complex construction dispute resolution including claim preparation, negotiation and other informal ADR and litigation in both federal and state courts. As an experienced construction litigator, Kathy also represents clients in multi-party and other complex disputes in both international and domestic arbitrations.

Kathy has an active government contracts practice and counsels contractors and design engineers on a broad range of issues involved in government contract administration and compliance. She also has extensive experience litigating government contract claims, having successfully represented her clients with claims involving research and development, information technology procurements, underground tunneling and contracts for military and other applications. Kathy is highly skilled in litigating and managing contractor claims for equitable adjustment and defending claims of defective design and construction, false claims act violations and violation of cost accounting standards before state and federal Boards of Contract Appeals and the Court of Federal Claims.

Kathy has a successful complex, commercial litigation practice, having successfully defended multi-million-dollar business torts actions in state and federal court, including claims of unfair competition, misappropriation of trade secrets, intentional interference with contracts, business relations and fraud.

Kathy also serves as an Arbitrator and is an Adjunct Professor at the Antonin Scalia School of Law, George Mason University, where she teaches a course in domestic and international commercial arbitration and serves as a coach for the law school’s Willem C. Vis International Commercial Arbitration Moot team. Kathy is a regular speaker at construction and ADR conferences and is a Fellow and Board Member of the American College of Construction Lawyers.

 

 


Michael W. Johnson is the SVP of Infrastructure - Markets & Strategy at Kiewit. Focused on integrated delivery, he brings more than 30 years of executive management experience in the industry to help lead this fast-growing, dynamic part of Kiewit’s business. Mike is infrastructure’s business line manager where he works closely with our clients and 3rd party engineering partners to secure new infrastructure-focused opportunities across North America.

Prior to joining Kiewit in June 2019, Mike served as Vice Chairman and Chief Development Officer of Parsons Corporation, where he was responsible for implementing a global client development program, and previously the President of Parsons Infrastructure.

Mike has demonstrated expertise in building teams, driving opportunities in the infrastructure sector, and communicating strategic messaging on integrated delivery with partners and clients.

Kiewit is a Fortune 500 company and one of the largest and most respected construction and engineering organizations in North America. The company had revenues of $12.5 billion in 2020.


Scott Fradin is the Co-Chair of Much Shelist’s Construction Law group. As an experienced attorney and licensed architect, Scott works closely with owners, developers, architects, engineers, contractors and specialty subcontractors to guide projects from inception through completion and dispute resolution. His legal practice is international; he has advised clients on construction projects in almost every U.S. state and in Canada, Chile, China, Mexico, Poland and Turkey, among other jurisdictions.

Scott draws on his construction background to help clients at every step. He advises owners and developers on issues such as business formation, joint ventures, public-private partnerships (P3s), structuring of investments, tax-advantaged financing, and property acquisition. He drafts and negotiates complex design and construction agreements and has developed contract templates for Fortune 500 companies to improve efficiencies and help ensure consistency across projects. Scott also advises design professionals on licensing and other professional regulation matters.

In his counseling practice, Scott has two primary goals: to help clients achieve their business objectives and to minimize the likelihood of construction disputes. With nearly 25 years of experience as an appellate and trial attorney, Scott drafts contracts through the experience of a litigator, with a focus on balancing risks and managing expectations. His experience as an architect has enabled him to successfully owners of major shopping centers and apartment complexes defend against accessibility claims brought under the Americans with Disabilities Act and the Federal Fair Housing Act.

Scott served as president of the Society of Illinois Construction Attorneys, to which he was elected a member in 2006. He is a member of the American Bar Association Forum on Construction Law and the Chicago Bar Association (for which he previously served as chair of the Construction Law and Mechanics Lien Subcommittee).

 

Scott speaks frequently on emerging issues in construction law and is a regular contributor to legal and industry journals. He recognized by the Leading Lawyers Network and Super Lawyers as a top lawyer in construction law. Chambers USA recognizes Scott as a top Illinois construction attorney. Scott has been named one of the top real estate attorneys in the Midwest by Midwest Real Estate News. Scott is also rated “AV Preeminent” by Martindale-Hubbell.


As a former Owner, Tina understands client’s needs and tailors service offerings to support clients as they face the demands of a large-scale capital program. As a consultant Tina prided herself on a history of successful project delivery and strong client relationships. Millan, through 2019 was a senior vice president of WSP and responsible for their U.S. aviation practice, including overseeing and developing the talent of 70+ staff, managing major projects, and leading business development. She was instrumental in expanding the firm’s geographic presence, diversifying its client base and selling services across the business sectors to their aviation clients.

Prior to joining WSP, Millán served as vice president for the North American infrastructure division of a global professional services firm, where she was responsible for establishing the U/S/ Business and managing a team of aviation experts on projects for Dallas-Fort Worth International Airport, Houston Airport System, and San Francisco International Airport.

Millán earned a bachelor’s degree from Tufts University and a master’s degree from Florida International University. Among her professional certifications, she is a member of the American Institute of Certified Planners and a Project Management Professional


Ken concentrates his practice primarily in the field of construction law, project controls, and procurement contracts. He is consulted on a daily and ongoing basis by procurement and risk management departments concerning every aspect of planned or ongoing construction projects. He engages in a range of services from preparation and negotiation of contracts, project controls monitoring, and advice during on-going projects, negotiation of change orders and contract additions, alternate dispute resolution through mediation, arbitration, dispute review boards, and, when necessary, litigation.

Ken has led the Construction Law Group (“CLG”) to national recognition as a top practice and we are proud of the many accolades the CLG has received over the years. As a testament of this, Law360 named the Construction Law Group a “Practice Group of the Year” from 2018 – 2020.  U.S. News – Best Lawyers® named the CLG “Law Firm of the Year” for our Litigation-Construction practice in 2019 and 2011. The CLG is consistently ranked in Chambers USA and The Legal 500. In addition, Ken was recently named a “Real Estate/Construction Law Trailblazer” for 2020 by the National Law Journal, acknowledging Ken’s unparalleled reputation in the industry.