Nathan V. Graham

Represented engineer in arbitration hearing Represented French-based engineering firm in a 26-day arbitration hearing defending against a $200 million fraud and breach-of-contract claim asserted by its joint venture contractor partner in connection with the construction of a $1.996 billion polyethylene plant under an EPC agreement in Old Ocean, Texas. The award issued by the panel was a take nothing award against the contractor and an award of more than $10 million in fees and costs in favor of the client engineering firm. Represented subcontractor in bench trial Represented subcontractor pipe fabricator in 28-day bench trial concerning the fabrication of 74 miles of pipe used in the construction of $2 billion propane dehydrogenation plant under an EPC agreement in Mount Belvieu, Texas. Represented general contractor in arbitration Represent general contractor in arbitration defending against $27 million breach of contract claim asserted by subcontrator related to insulation scope of work in connection with the construction of a $6 billion natural gas liquefaction plant and export facilities (LNG) under an EPC agreement in Hackberry, Louisiana. Represented general contractor in jury trial Represented general contractor in seven-day jury trial concerning $70 million claim brought by Dallas community related to alleged slope and earth failures in connection with a $2.7 billion P3 design-build contract for the reconstruction of 13-mile road project for TXDOT. Defended general contractor in arbitration Represented general contractor defending $300 million claim by major oil company in a three-month arbitration proceeding concerning a catastrophic property loss claim related to refinery pit stop and turnaround project in Louisiana. Defended general contractor in arbitration Represented general contractor in an eight-day arbitration hearing defending a $13 million construction defect claim related to alleged building envelope defects for a 36-unit, single-family condominium project. Arbitration panel ruled in favor of general contractor finding the general contractor made a reasonable offer under the Residential Construction Liability Act. Defended owner/developer in arbitration Represented owner/developer in an eight-day arbitration defending against claims, including delay, loss of productivity, and active owner interference in the construction of am 11-story, 29- unit, high-rise, luxury condominium building. Defended oilfield service company in jury trial Represented oilfield service company in five-day jury trial in Oklahoma concerning derailment of Union Pacific train by saltwater tank truck defending against claims for personal injury and property damage. Represented oilfield service company Represented oilfield service company in claims of downhole failures during workover operations. Represented oilfield service company Represented oilfield service company in Oklahoma related to watering out of multiple operating wells based on over-pressurizing saltwater reservoir. Represented EPC contractor Represented EPC contractor on a 42-inch natural gas pipeline construction project with segments from Wyoming to Ohio. Represented general contractor Represented general contractor on hospital complex claim concerning alleged water penetration and building envelope construction defects with approximately $25 million in dispute. Represent general contractors Represent multiple general contractors on contract drafting, negotiation and contract management. Community Management LLC v. Cutten Development L.P. and Davis Development Inc. (Tex., June 9, 2017) Helped obtain summary judgment for clients Cutten Development L.P. and Davis Development Inc. in a $33 million lawsuit related to the sale of an apartment complex in Houston. The summary judgment was upheld on appeal to intermediate appellate court, and the Texas Supreme Court denied review of plaintiff’s petition after Bradley filed an extensive response. Precedent-setting community development fund surplus case Represented one of the largest residential homebuilders in Texas in a case involving excess funds from the development of a master planned community, arguing that the excess funds should be refunded in proportion to how much each owner paid into the fund – not to current homeowners, many of whom never paid into the fund. On appeal, the Court of Appeals issued an opinion in favor of our client. This case set precedent by creating rights for developers and builders to seek reimbursement of any surplus in infrastructure funding for master planned communities.