Wally Sears has represented general contractors, subcontractors, owners, suppliers, engineers, architects, and sureties in Alabama, throughout the United States, and internationally. He has trial, arbitration, and mediation experience in construction disputes, bid protests, and complex commercial products and construction defects claims.
Representative Experience
General Experience
ICC Arbitration award for general contractor in Mexico City
Represented EPC general contractor consortium as claimant in ICC arbitration against owner regarding construction of LPG pipeline in Mexico. Contractor had multi-million dollar claims; owner had multi-million dollar counterclaims. After two weeks of hearings in Mexico City, award issued for substantial net recovery by contractor.
Three-week trial of construction case in Virginia
Represented general contractor in state court in Virginia against an owner based on claims arising out of the construction of an office building in Northern Virginia. Settled favorably after one week of trial.
Jury verdict for General Contractor
Represented general contractor in federal court in Alabama on claims against prior owner of its subsidiary about whether prior owner was liable for certain environmental damages. Obtained full recovery jury verdict for general contractor against prior owner in the amount of $8,054,715.
One week ICC arbitration in London
In ICC arbitration in London, represented the owner of a process chemical plant in a multi-million dollar suit against several design and construction entities for property damage and business interruption losses resulting from a fire and explosion at the plant. Settled favorably after five days of hearings.
Representation of general contractor in disputes arising out of crane accident
Represented general contractor in disputes arising out of a crane accident where a 200 ft. 100 ton chemical reactor was dropped and fell into 4 stories of structural steel at a polypropylene facility under construction outside of Philadelphia, Pennsylvania. The general contractor brought lawsuits against the owner's builder’s risk carrier and certain subs in Alabama state court and in federal court in Philadelphia. The total amount of settlements, the last occurring during the federal court trial, equaled the amount originally claimed.
Represented General Contractor in California Court
Represented general contractor with multi-million dollar claim in lawsuit against the owner and defended against owner’s counterclaims and claims of subcontractors in connection with construction of new veterinary sciences building at University of California at Davis. Settled at mediation.
Represented General Contractor in Nevada state and federal courts
Represented general contractor in federal and state courts in Nevada against owner and major subcontractors in connection with a multi-million dollar claims arising out of the major renovation to a hotel and casino in Las Vegas. Managed claims of all major subcontractors so that they stayed on the side of the general contractor through mediation and favorable settlement of all claims.
Judgment for Subcontractor in Aruba
Represented subcontractor in claim against contractor arising out of construction of coke conveying and loading facilities in Aruba, Dutch Antilles. Obtained judgment of $1,250,000. Settled on appeal.
Arbitration award in Egypt for General Contractor
Represented general contractor in claim in arbitration in Cairo, Egypt against Egyptian Electrical Agency arising out of construction of power plant in Egypt. Award for contractor.
Cincinnati Gas & Electric Co. v. Benjamin F. Shaw Co.,706 F. 2d 155 (6th Cir.1983) (scope of arbitration clause)
Represented general contractor in claim against Ohio public utility in connection with expansion of coal fired power plant on the Ohio River. Obtained arbitration judgment for general contractor for $5 million.
American Nonwovens, Inc.v. Non Woven Engineering, S.R.L., 648 So. 2d 565 (Ala. 1994) (certified question)
Defended Italian manufacturer in federal court in Alabama against claims that multi-million dollar equipment it manufactured for the purpose of fabricating synthetic material was defective. Summary judgment for client.
Successful bid protest
Won protest for general contractor against Army Corps of Engineers in connection with bid for contract to demolish radar stations in Latvia.
Represented General Contractor in Kentucky project
Represented general contractor with multi-million dollar claim against owner of cement facility in Kentucky arising out of major expansion of the facility. Settled favorably at mediation.
Represented General Contractor in Thailand
Represented EPC general contractor in multi-million dollar claim against owner arising out of construction of polypropylene and ethylene tank farm in Thailand. Settled.
Represented subcontractor in Australia and Texas courts
Represented subcontractor in lawsuit in Perth, Australia and in federal court in Texas, which had multi-million dollar claims against general contractor arising out of various tanks and piping in project in Western Australia. Settled favorably.
Anderson v. Fayette Co. Bd. Education 738 So. 2d 854 (Ala. 1999)
Defended supplier of HVAC equipment in Alabama state court against suit asserting that its contract with the county board of education was invalid for failing to comply with the State Competitive Bid Laws. Summary judgment for client.
Represented owner against architect
Defended owner against architect claim in arbitration that owner owed it reuse fees for conceptual design documents. Award for owner.
Represented General Contractor
Represented general contractor with multi-million dollar claim against owner arising out of construction of modular facilities in Oakland, CA and installation of the facilities at Prudhoe Bay, Alaska. Settled.
Represented General Contractor
Represented general contractor with claim against owner arising out of construction of a hydroelectric dam near Fresno, CA. Settled favorably at mediation.
Defense of construction defect claim
Defended manufacturer of industrial pigments in Alabama state court against product warranty and fraud claims by local school board that paint containing pigments, used on roof of new elementary school, deteriorated.
Defense of manufacturer on claims of product failure
Defended manufacturer of fungicide in federal court in Arkansas against claims by manufacturer of roof system that fungicide used in owner’s roofing product failed, exposing owner to multi-million dollar claims by its customers. Settled favorably after opening statements.
Represented General Contractor in South Carolina Represented general contractor in its claim in arbitration against an owner arising out of the construction of a 15-building, 280 unit apartment complex in Greenville, SC. Settled favorably in mediation.
Represented General Contractor in Florida
Represented general contractor in arbitration and in state court in Florida against owner arising out of construction of a 250 unit apartment complex in Duval County, Florida.
Listed in Mid-South Super Lawyers, Construction Litigation, 2016-2021 Listed in Alabama Super Lawyers, Construction Litigation, 2012, 2014-2015 Listed in The Best Lawyers in America® Construction Law, 2003-2015, 2017-2024 "Lawyer of the Year," Birmingham, Construction Law, 2017 BTI Client Service All-Star ICC Arbitration award for general contractor in Mexico City Represented EPC general contractor consortium as claimant in ICC arbitration against owner regarding construction of LPG pipeline in Mexico. Contractor had multi-million dollar claims; owner had multi-million dollar counterclaims. After two weeks of hearings in Mexico City, award issued for substantial net recovery by contractor. Three-week trial of construction case in Virginia Represented general contractor in state court in Virginia against an owner based on claims arising out of the construction of an office building in Northern Virginia. Settled favorably after one week of trial. Jury verdict for General Contractor Represented general contractor in federal court in Alabama on claims against prior owner of its subsidiary about whether prior owner was liable for certain environmental damages. Obtained full recovery jury verdict for general contractor against prior owner in the amount of $8,054,715. One week ICC arbitration in London In ICC arbitration in London, represented the owner of a process chemical plant in a multi-million dollar suit against several design and construction entities for property damage and business interruption losses resulting from a fire and explosion at the plant. Settled favorably after five days of hearings. Representation of general contractor in disputes arising out of crane accident Represented general contractor in disputes arising out of a crane accident where a 200 ft. 100 ton chemical reactor was dropped and fell into 4 stories of structural steel at a polypropylene facility under construction outside of Philadelphia, Pennsylvania. The general contractor brought lawsuits against the owner's builder’s risk carrier and certain subs in Alabama state court and in federal court in Philadelphia. The total amount of settlements, the last occurring during the federal court trial, equaled the amount originally claimed. Represented General Contractor in California Court Represented general contractor with multi-million dollar claim in lawsuit against the owner and defended against owner’s counterclaims and claims of subcontractors in connection with construction of new veterinary sciences building at University of California at Davis. Settled at mediation. Represented General Contractor in Nevada state and federal courts Represented general contractor in federal and state courts in Nevada against owner and major subcontractors in connection with a multi-million dollar claims arising out of the major renovation to a hotel and casino in Las Vegas. Managed claims of all major subcontractors so that they stayed on the side of the general contractor through mediation and favorable settlement of all claims. Judgment for Subcontractor in Aruba Represented subcontractor in claim against contractor arising out of construction of coke conveying and loading facilities in Aruba, Dutch Antilles. Obtained judgment of $1,250,000. Settled on appeal. Arbitration award in Egypt for General Contractor Represented general contractor in claim in arbitration in Cairo, Egypt against Egyptian Electrical Agency arising out of construction of power plant in Egypt. Award for contractor. Cincinnati Gas & Electric Co. v. Benjamin F. Shaw Co.,706 F. 2d 155 (6th Cir.1983) (scope of arbitration clause) Represented general contractor in claim against Ohio public utility in connection with expansion of coal fired power plant on the Ohio River. Obtained arbitration judgment for general contractor for $5 million. American Nonwovens, Inc.v. Non Woven Engineering, S.R.L., 648 So. 2d 565 (Ala. 1994) (certified question) Defended Italian manufacturer in federal court in Alabama against claims that multi-million dollar equipment it manufactured for the purpose of fabricating synthetic material was defective. Summary judgment for client. Successful bid protest Won protest for general contractor against Army Corps of Engineers in connection with bid for contract to demolish radar stations in Latvia. Represented General Contractor in Kentucky project Represented general contractor with multi-million dollar claim against owner of cement facility in Kentucky arising out of major expansion of the facility. Settled favorably at mediation. Represented General Contractor in Thailand Represented EPC general contractor in multi-million dollar claim against owner arising out of construction of polypropylene and ethylene tank farm in Thailand. Settled. Represented subcontractor in Australia and Texas courts Represented subcontractor in lawsuit in Perth, Australia and in federal court in Texas, which had multi-million dollar claims against general contractor arising out of various tanks and piping in project in Western Australia. Settled favorably. Anderson v. Fayette Co. Bd. Education 738 So. 2d 854 (Ala. 1999) Defended supplier of HVAC equipment in Alabama state court against suit asserting that its contract with the county board of education was invalid for failing to comply with the State Competitive Bid Laws. Summary judgment for client. Represented owner against architect Defended owner against architect claim in arbitration that owner owed it reuse fees for conceptual design documents. Award for owner. Represented General Contractor Represented general contractor with multi-million dollar claim against owner arising out of construction of modular facilities in Oakland, CA and installation of the facilities at Prudhoe Bay, Alaska. Settled. Represented General Contractor Represented general contractor with claim against owner arising out of construction of a hydroelectric dam near Fresno, CA. Settled favorably at mediation. Defense of construction defect claim Defended manufacturer of industrial pigments in Alabama state court against product warranty and fraud claims by local school board that paint containing pigments, used on roof of new elementary school, deteriorated. Defense of manufacturer on claims of product failure Defended manufacturer of fungicide in federal court in Arkansas against claims by manufacturer of roof system that fungicide used in owner’s roofing product failed, exposing owner to multi-million dollar claims by its customers. Settled favorably after opening statements. Represented General Contractor in South Carolina Represented general contractor in its claim in arbitration against an owner arising out of the construction of a 15-building, 280 unit apartment complex in Greenville, SC. Settled favorably in mediation. Represented General Contractor in Florida Represented general contractor in arbitration and in state court in Florida against owner arising out of construction of a 250 unit apartment complex in Duval County, Florida.
