The Legal 500

The firms in this chapter are noted by the construction and legal industries and clients as being the strongest firms in the country in terms of providing top-notch national and regional construction litigation assistance. Based on the expertise of the following firm’s lawyers and the work that they have carried out over the last year, theses rankings focus on national expertise, but should not suggest that the firms in question do not have international expertise as well.

The last year has seen litigation taking center stage in the construction market due to the current economic climate and the slow down in work leading to clients needing to recoup money in any area possible.

In terms of the effect that the market has had on the legal market, the closure of full service law firm Thelen in October 2008 saw its premier construction team scattered amongst other firms in the industries. No other full-service firm currently has a construction litigation practice comparable to that of the dissolved firm in terms of its national reach, size and level of expertise.

Peckar & Abramson

PRACTICE: Peckar & Abramson is praised for its ‘excellent knowledge of the local markets and outstanding construction attorneys’. The New York-headquartered construction boutique has carved a niche in the representation of general contractors and construction managers in public and private matters, and continues to offer a full service construction practice including a ‘significant’ government contracts practice.

Boasting 42 partners, and just under 100 lawyers throughout its nine offices, who focus on construction matters, the practice is regarded as a go-to for ‘complicated construction issues that require an aggressive response’ and is also praised for its approach of working ‘towards settlement and not litigation’.

The recent downsizing of the firm’s San Francisco-based construction practice saw the departure of three partners and the relocation of its headquarters to its Los Angeles office. This depletion in partner numbers, which also includes the loss of a partner from the Orange County office, has been balanced out in other offices. Additions include the arrival of Michael Neal in March 2008 and Ronald Pierce in October 2007 to the Orange County office, and Joanne Linley in November 2008 to the Miami office. The practice also continues to reap the benefit of its February 2007 acquisition of the Berman, Paley, Goldstein & Monte LLP law firm, which has added a significant civil and heavy construction component to the firm’s already full range of expertise.

In terms of work, the practice recently won four bid protest matters for an aerospace and defense technology company. The most recent matter involved a protest to the US Court of Federal Claims regarding a Defence Department contract of over $2bn. This matter was the only one of its kind to involve the ‘A-76’ program to outsource work performed by government employees, and included issues such as whether the Government had violated regulations regarding the displacement of agency employees.

In the public space, the practice gained a favorable settlement for the design builder of a $33m hospital in southern California, capping a $12m hospital claim at less than £1m.

CLIENTS: The firm represents a number of the construction arena’s leading national construction managers, contractors, design professionals, and owners among others in the US, the Middle East, the Caribbean, South America and Asia. Projects have involved environmental clean ups, manufacturing facilities, residential communities, and airports.

INDIVIDUALS: Peckar & Abramson founder Robert Peckar is noted for his ‘deep knowledge of construction law’ and his ‘practical and efficient’ approach to matters. The partner is resident in the firm’s New Jersey and New York offices.

Miami-based partner Stephen Reisman is praised by clients for being an ‘outstanding construction attorney with very valuable local knowledge of markets, opposing counsel, and the courts’. The ‘tremendous’ lawyer’s knowledge of the local market is underlined by his position as the managing partner of the firm’s Florida offices.

‘Excellent’ and ‘up and coming litigator’ Neal Sklar represents both construction managers and general contractors. The Miami-based partner is praised for his ‘nice touch with the field level staff, which is difficult to do when it comes with mixing lawyers and construction personnel’.

‘Very knowledgeable, diligent and honest’ Washington DC partner Michael Branca is a hit with clients, who praise his expertise in government contracting, where he does a ‘splendid job’. Branca is also regarded as a leader in ‘Federal Acquisition Regulation issues, a subject in which he is an expert’.

Watt, Tieder, Hoffar & Fitzgerald, LLP

PRACTICE: Construction boutique Watt, Tieder, Hoffar & Fitzgerald, LLP continues to offer ‘exceptional’ quality of work in the construction litigation arena, where clients praise the firm for ‘really having the depth of knowledge of complex issues’ and for providing a service that is ‘tops in the industry’. Allowing the firm to offer clients an elite depth of knowledge, all lawyers focus their practices on the construction arena.

With over 100 lawyers, the practice focuses on construction, commercial contracts and government contracts law, with particular expertise in suretyship law. With a leaning towards the representation of plaintiffs, clients receive a full-service from the construction practice where client’s ‘expectations were met or exceeded’. The practice is based in California, Nevada and Virginia, as well having expertise in an international affiliate office in Frankfurt. Through these offices, the firm has gained a national and international reach and reputation that exceeds its geographical placing.

The practice acts for an impressive client base including a number of the country’s top surety companies, and has recently successfully represented client AF Construction and its surety Fireman’s Fund Insurance in a ten-week arbitration against Clark County regarding an 18-story Las Vegas courthouse. The arbitration panel awarded the clients $52.7m, when the highest settlement received from Clark County had previously been $2m, as well as agreeing with the practice that County had materially breached its contract and improperly terminated AF Construction’s contract.

In California, the practice is representing general contractor Dillingham-Ray Wilson regarding a breach of contract action against the City of Los Angeles, involving the construction of an expansion to the Hyperion Wastewater Treatment facility. The firm was hired as co-counsel on the eve of the trial, and were successful in helping to obtain a favorable jury verdict of in excess of $35m for the client and are now handling all aspects of the City’s appeal of the judgment for the contractor.

As well as national strength, the firm has continued to work on large contentious matter internationally. The firm is currently acting for Fluor Intercontinental in litigation regarding the construction of three embassies for the US Department of State Overseas Building Operations (OBO) based in Germany, Jamaica, and Kazakhstan. The Frankfurt matter was successfully resolved after navigating through OBO’s efforts at dispute resolution, while the client’s claims totalling approximately $35m are pending before the Civilian Board of Contract Appeals.

CLIENTS: Clients of the practice include the Nevada Department of Transportation, The Shaw Group, Travelers Companies, Hensel Phelps Construction, Liberty Mutual / Safeco Insurance, Mitsubishi Heavy Industries, Zurich North America and URS.

INDIVIDUALS: Partners Robert Watt and John Tieder are singled out by clients as being ‘top-notch construction lawyers’. Managing partner Watt represents clients in both national and international matters, with particular focus on infrastructure construction and disputes involving government bodies. Senior partner Tieder focuses on major construction matters, particularly in the international arena.

Partner Shelly Ewald is singled out by clients as ‘an excellent advocate for her construction clients’, and for having ‘a penchant for winning very favorable verdicts and judgments, even when the fact situation may not appear the most favorable at first’.

Senior partner Lewis Baker ‘is a premier construction lawyer and government contract disputes lawyer’ according to clients, who praise him as being ‘very knowledgeable, achieves excellent results’. Baker focuses his practice on claims regarding construction, architect and engineer, and surety matters, as well as having expertise in the government contracts arena.

All of the above partners are based in the Virginia office.

Stein, Ray & Harris LLP

PRACTICE: Despite being a relatively small firm in comparison to its rivals, Stein, Ray & Harris LLP’s clients do not see this as an impinging factor. They note that ‘for a relatively small firm, they have a demonstrated track record of out-performing the many larger firms in closely contested litigation matters’. With 21 lawyers focused on construction and design law, the practice is regarded as one of the ‘primary choices for cases likely to go to trial’.

Yet while being described as ‘highly experienced, extremely competent and well respected nationally’, the firm’s lack of national offices is a disadvantage, with clients stating ‘it does not have offices all over the country, although the firm does try to assist wherever we are working’. In terms of lawyer numbers, the practice has recently let go a number of associates due to the economic downturn, but appointed partner Steven Tomashefsky from Jenner & Block LLP.

The firm has also seen the practice grow slightly in terms of new clients, such as, as well as a surge in its representation of ownership interests for clients such as Draper and Kramer.

With undeniable Midwest strength, the work that the firm has carried also illustrates its national reach. The practice gained a favorable multi-million dollar settlement for a REIT on the eve of a trial that involved the prosecution of construction defects claims against a general contractor and a number of subcontractors, regarding an 18 building apartment complex located outside of Phoenix.

In Miami Beach, the practice represented the owner of a well-known property regarding a six year action and other related lawsuits regarding delays in the completion of a new tower and the renovation of two existing towers. The firm successfully obtained a favorable settlement of the majority of the claims.

Illustrating the practice’s international strength and work in the public arena, it acted for an owner in reference to claims relating to the construction of a major hotel in Yerevan, Armenia that led to arbitration.

CLIENTS: Clients of the firm include The University of Chicago, AECOM Technology, Yum! Brands, Apartment Investment and Management and Bovis Lend Lease. In terms of new clients, the practice has added Draper & Kramer and Hyatt to its client roster.

INDIVIDUALS: Partner Robert Harris focuses his practice on construction law and commercial litigation. The ‘extremely responsive, highly skilled and able’ lawyer is praised by clients for providing ‘workable solutions to problems without first resorting to litigation’.

Partner Jeffery Winick is singled out and highly praised by clients for ‘his understanding of our professional needs and his ability to respond to them is highly appreciated’, as well as offering a service ‘of the highest quality’.

Partner Stephen Ray stands out to clients as an ‘exceptional lawyer’, and focuses his practice on the representation of design professionals and contractors in both litigious and advisory matters.

Partner Steven Stein is described as ‘the best in the Chicago land area’ by clients, and focuses his practice on the trial and arbitration of complex construction and design issues.

Wulfsberg Reese Colvig & Firstman

PRACTICE: California-based full-service firm Wulfsberg Reese Colvig & Firstman has the ‘reputation of being one of the best engineering and construction legal firms in the country’ according to clients, as well as being ‘very reputable in the Oakland area’.

While the practice does not have the same national range of offices that rival firms enjoy, it upholds its reputation as being a national leader through complex litigation matters including acting for the City of Stockton and the Redevelopment Agency of the City of Stockton. The case for this client went to the California Supreme Court and related to $20m worth of claims made by a terminated developer for a major downtown redevelopment project that claimed that the City and Agency used its plans without compensation. This matter is of particular importance because the Supreme Court took on the matter to clarify the scope of Government Code claims presentation requirement.

The firm boasts both construction and litigation experts who ‘consistently impress with their construction knowledge and commitment’. The lawyers, who are singled out by clients for their ‘superb’ expertise, represent both public and private sector clients in a full range of transactional and dispute resolution-related construction services.

In a matter heard in New York, the practice acted for Fluor Daniel International in arbitration against General Electric regarding action to recover construction and acceleration costs, delay damages and retention on a 400-megawatt power plant built by the client near Rabigh, Saudi Arabia. The arbitration, which involved complex issues arising from the interaction of New York and Saudi Arabian law, saw the client recover $30m.

CLIENTS: Public entity clients of the firm include Washington Township Hospital District, East Bay Municipal Utility District, Hayward Park and Recreation District and Fresno Unified School District. Private entity clients include Black and Veatch, Chicago Bridge and Iron Company, Techint, and BVT LNG Costa Azul S de RL.

INDIVIDUALS: Clients regard senior principal H James Wulfsberg to be a ‘brilliant strategist and orator’. Wulfsberg’s ‘ability to map out a winning strategy in circumstances that involve multiple parties and many different layers’ impresses clients, and is praised as being ‘an absolutely top-flight individual and attorney, prepared, smart and strategically aligned with the client’s goals’.

David Rosenthal is commended for his ‘level of professionalism’ by clients, and for the speed in which he can turn matters around, as well working ‘tirelessly to be the best’ at what he does.

Eric Firstman is singled out for his ‘great judgement’. With expertise from drafting matters to arbitration, mediation and litigation, clients appreciate the ‘smart, strong advocate’s ability to ‘listen carefully to understand the interests of the client and offer clear advice on how best to advance those interests’.