Breadth of Experience
Few realize just how broad Construction and Business Law is!
U.S. Air Force JSTARS
An electronics defense contractor retained Kevin to remedy a wrongful termination of a contract to develop “black-box” test equipment for the U.S. Air Force Joint Surveillance & Target Attack Radar System (JSTARS) aircraft. Kevin successfully tried the case in federal district court. After entry of a judgment in the client’s favor, the opponent appealed. After Kevin’s oral argument, the Federal 11th Circuit Court of Appeals in Atlanta, GA affirmed the judgment in favor of the client.
Orange County, FL.
Kevin represented a contractor which constructed an ultra-high strength (14,000 psi) concrete, secure courthouse. The design imposed on the contractor proved un-constructible in many aspects due to inadequate considerations of chemical and physical properties unique to high-strength concrete.
An international telecommunications company hired Kevin in a court dispute over the construction of a city-wide fiber optics and outside plant telecommunications system in Bogota, Colombia. The case implicated unique aspects of foreign contracts, politics and sensitivities.
Fire Suppression System Malfunction
A mechanical engineer, represented by Kevin, designed a digitally-controlled fire alarm and fire suppression system for a state-of-the-art retrofit and maintenance hangar of a major U.S. commercial airline. “Ghosts” in the infrared, temperature, fume and pressure detectors were causing false alarms, including a disastrous discharge of 15 feet of fire suppressant foam into the hangar occupied by a commercial passenger airliner. The parties contested liability for the costs necessitated in re-building the jet engines and brake systems.
In a dispute against the U.S. Department of Energy, Kevin represented a contractor responsible for excavating and entombing radioactive tailings from uranium mines in the remote western United States. The project was a super-fund clean-up under the Uranium Mill Tailings Remediation Act. After a two week trial, a jury found the client had been wrongfully terminated and awarded $6m.
Australian Air Force, Wedgetail
Kevin represented an electronics defense contractor developing radio transceivers for the Australian Air Force Airborne Warning & Control System (AWACS Wedgetail). A dispute arose when the U.S. Air Force Electronic Systems Division contract incorporated U.S. National Security Agency encryption program requirements. When the NSA encryption protocols changed, greatly increasing the scope of work, the AFESD refused to recognize the NSA change as a “contract change” under the FAR. The case was settled successfully while pending in the Armed Services Board of Contract Appeals.