CASE EXPERIENCE

Negotiation of contracts for construction, conversion, repair of ships, oil service vessels, fishing boats, tugs, barges, and ITB’s.

Represented plaintiff shipyard in complex construction case against vessel owners and naval architects involving unseaworthiness of CATUG boats, plan defects, constructive changes, counterclaims for ten years of liquidated damages and breach of express and implied warranties. Case discovery lasted five years in U.S District Court in New York. Prepared proof of shipyard delay and disruption damages working with MIT systems dynamics modeling experts. Designed and utilized PC database system for management of documents, facts and disputed issues. Oversaw discovery of over three million pages of documents.

Sued shipyard for failing to deliver deckhouses of new tankers using Alabama detinue statute to take virtual and actual possession of deckhouses and deliver them to another shipyard. Represented regional bridge contractor in disputes with steel mill owners and subcontractors arising out of construction of river terminal.

Drafted and negotiated construction and repair contracts for shipyards and vessel owners.

Co-drafter of Shipyard Council of America Standard Contracts for Ship Construction and Repair. Represented shipyards and owners in litigation and arbitration of construction disputes including design and engineering issues, construction delay, vendor quality problems.

Following breakaway of dry dock with semi-submersible oil platform aboard during hurricane, defended shipyard and underwriters from multiple suits via limitation of liability proceeding for allision damages to ships, terminal facilities and highway bridge. Worked with expert meteorologist who developed computer-based analysis to prove Act of God defense based on winds in excess of hurricane predictions. Worked with mooring experts to support defense that dry dock was adequately moored.

Prosecuted request for equitable adjustment and defended shipyard in suit between by MARAD for multiple breaches of contract to convert ship to heavy vehicle carrier. Defended shipyard against claim for fire damage to coal handling barge allegedly caused by violation of fire watch regulations and contract requirement.