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DOUG HELPS CLIENTS MANAGE RISKS AND RESOLVE DISPUTES

Doug has over three decades of construction industry experience and focuses on construction and design law and litigation. Having worked in construction operations and as in-house counsel for a privately held, Fortune 500 construction company, he has a deep, first-hand understanding of the industry.

Doug works with clients in the public contracting and commercial building industries on contract negotiations and settlements, regulatory compliance, risk management, and dispute avoidance. When disputes are unavoidable, he advocates on his clients’ behalf in all forums. He has experience managing complex litigation and has secured well over $100 million dollars for clients in damages recovered or avoided.

In addition, Doug has experience with a multitude of project types, including airports water, wastewater, and desalination plants; highway and light rail transportation facilities; performing art centers; and commercial buildings. He regularly helps clients navigate risks associated with changes, delays, differing site conditions, domestic content restrictions, diversity contracting programs, vendor bankruptcies, contract terminations, and bond claims.

COMMUNITY

  • National Alliance on Mental Illness (NAMI), Board Member
  • Judge John M. Scheb Inn of Court, Master of the Bench

MATTERS

Contract Drafting, Negotiation, and Risk Analysis

  • Drafted and negotiated contracts and changes for design, construction, and design-build projects, using both proprietary form agreements and industry form agreements published by American Institute of Architects, Design Build Institute of America, ConsensusDocs, and Engineers Joint Contract Documents Committee.
  • Drafted, updated, and maintained proprietary construction agreements and contract risk analysis forms used nationally by Fortune 500 contractor in its infrastructure and building construction businesses.
  • Negotiated terms, conditions, and security for Fortune 500 subcontractor to perform mass excavation, to design and construct earth-retention system, and to construct backfill-integrated substructure for private development of new professional football stadium.
  • Negotiated design-build contract for Fortune 500 contractor to reactivate and upgrade seawater desalination plant.
  • Negotiated design-build contract for Fortune 500 contractor to design and construct regional 15.5-billion-gallon water reservoir.
  • Drafted and negotiated design and construction agreements for high-rise, residential condominium developments.

Regulatory Compliance and Investigations

  • Represented multiple general contractors during federal investigations of suspected wetland dredge and fill permit violations and conducted related internal compliance investigations.
  • Advised and counseled multiple general contractors and a precast manufacturer during government investigation of suspected emissions and reporting violations, and conducted related internal compliance investigations.
  • Represented multiple general contractors and a precast manufacturer during board investigation of suspected unlicensed land surveying and engineering, and conducted related internal compliance investigations.
  • Advised government contractors on proposed transactions to ensure compliance, conducted internal compliance investigations, and developed and internally published Fortune 500 contractor’s confidential, small-business subcontracting corporate policy.
  • Represented contractor during federal and state investigations of suspected diversity contracting program violations and conducted internal compliance investigations.

Legal Executive and Counsel

  • Served as comprehensive developer’s on-site project general counsel responsible for all legal issues on $1.6 billion highway project; legal issues included design and construction. contracting, environmental permitting, dispute avoidance, litigation, administrative hearings, regulatory compliance, utility relocations, and right-of-way acquisitions.
  • Served as design-build contractor’s project general counsel responsible for all legal issues on $700 million seawater desalination plant project; legal issues included design and construction contracting, dispute avoidance, litigation, and regulatory compliance.
  • Served as design-build contractor’s project general counsel responsible for all legal issues on $600 million highway project; legal issues included design and construction contracting, dispute avoidance, litigation, and regulatory compliance.
  • Served as design-build contractor’s on-site project general counsel responsible for all legal issues on $800 million light-rail transit project; legal issues included design and construction contracting, dispute avoidance, DRB processes, regulatory compliance, and utility relocations.

Dispute Resolution and Litigation

  • Negotiated multimillion-dollar recovery for infrastructure contractor during mediation for extra work, delay, and owner interference claims on a major, public wastewater treatment plant construction project.
  • Negotiated favorable multimillion-dollar recovery in administrative claim process for building contractor related to delay and extra work claims on a major public construction project.
  • Negotiated a walk away settlement for a design-build contractor in a multimillion-dollar subcontract for extra work, interference, and delay claim on a major design-build project.
  • Negotiated favorable settlement for design-build contractor in multimillion-dollar bad faith termination of subcontract claim for design-build contractor following protracted litigation and favorable summary adjudication, limiting damages to a small fraction of original claim on a private infrastructure project.
  • Negotiated a walk away settlement for contractor and dismissal of lawsuit in a multimillion-dollar subcontract extra work and delay claim on a major infrastructure project.
  • Negotiated favorable settlement for contractor following owner’s lawsuit seeking to default-terminate construction contract and recover cost of completion damages, following protracted, complex litigation in federal court, where negotiated settlement allowed contractor to complete original scope of work and remain prequalified to pursue future projects with owner.