David W. Owen

Partner
Legal Assistant
Heather McLeod
P: 205.521.8223 hmcleod@bradley.com
Representative Experience
  • Industrial
    • Successfully defended EPC contractor on a structural failure at automobile assembly plant failure involving $60 million in claims.

      Represented EPC contractor on rare earth elements mine regarding $40 million of costs and schedule disputes.

      Represented design build contractor in a $20 million dispute on an activated carbon facility in Louisiana.

      Represented designer and construction manager against piping contractor on ceramic proppant facility in Georgia with over $10 million in claims.

      Represented manufacturer of lock and dam gates regarding allegations of missed tolerances on a large river project.

  • Energy
    • Represented an EPC contractor against the owner of a $1 billion solid fuel power project involving over $100 million in disputes in Colorado.

      Represented developer against power island provider regarding turbine performance issues, repairs and refurbishment at 10 separate sites involving hundreds of millions of dollars in dispute.

      Obtained summary judgment for power developer against claims of over $100 million by the EPC contractor on a combined cycle plant in Texas.

      Obtained recovery for power developer of $70 million in a dispute arising out of late and defective construction of a solid fuel plant in Mississippi.

      Represented EPC contractor and successfully closed out over $70 million in claims on a solid fuel facility.

      Represented an EPC contractor against the owner and subcontractors on a combined cycle power project involving over $50 million in disputes in New York.

      Obtained recovery for mechanical piping contractor on a claim in excess of $35 million on a multi-prime power project in California.

      Obtained recovery for an EPC contractor against a petrochemical owner on a power project in Texas with over $15 million in dispute.

      Represented developer against turbine manufacturer regarding nozzle and other multimillion-dollar failures at multiple sites.

      Represented developer against steam turbine manufacturer regarding blade and bearing failures at multiple sites.

      Negotiated master supply agreements for power islands and long-term service agreements for multiple developers.

      Represent various participants in power island purchase and installation projects.

      Represented developer of bio-fuel project regarding performance failures of fuel handling and combustion systems.

      Represented independent power provider regarding the demolition of an abandoned solid fuel facility and closing out disputes with the contractor.

  • Renewable Energy
    • Assisted with the closeout and claims recovery on $100 million worth of disputes on a $2 billion solar thermal project.

      Obtained multimillion-dollar recovery for independent power provider experiencing bearing failures on wind turbines.

      Represent energy provider against turbine supplier on a wind project in Texas with serial blade and main bearing defects.

      Represented energy provider on a wind power project in California against turbine supplier and contractor for defective installation of 49 wind turbines.

      Represented energy provider on a wind power project in Texas against turbine supplier due to serial main bearing failures.

      Draft and negotiate EPC contracts and service agreements with turbine suppliers and contractors for wind projects.

      Draft and negotiate contracts for utility scale photovoltaic solar projects.

      Advised developer regarding licensing and regulatory issues for photovoltaic solar project.

  • Geotechnical
    • Advised and defended civil site contractor against $10 million in claims related to a mechanically stabilized earth embankment experiencing settlement at a large commercial development.

      Advised marine contractor regarding multimillion-dollar claims and differing site conditions for the construction of a large wharf on the Mississippi River.

      Advised and defended civil site contractor against multimillion-dollar claims relating to a mechanically stabilized earth embankment experiencing movement.

      Advised clients regarding strategy, contracting and dispute resolution for a tunneling mega-project and other projects in the Andes Mountains, South America.

      Represented civil site contractor seeking additional compensation for reinforcement of slope failures on highway construction project caused by differing site conditions.

      Obtained full recovery for EPC contractor seeking additional time and compensation for increased cost for over-excavation of large reinforced concrete mat foundation.

      Obtained recovery for general contractor seeking additional compensation for differing site conditions involving auger cast piling for a high-rise building.

      Obtained multimillion-dollar recovery for deep foundations contractor due to different rock quality than indicated in the geotechnical information for a docking facility on the Tennessee-Tombigbee waterway.

      Developed requests for equitable adjustment for a US Army Corps of Engineers dam and spillway project where concrete cracks were shown to be due to structural design as opposed to excessive hydrostatic pressures.

  • General Building
    • Represented general contractor on large hospital complex with approximately $100 million in disputes.

      Obtained recovery for general contractor with subcontractor disputes on large football stadium addition.

      Obtained recovery for owner due to structural failure of exterior cladding.

      Represent multiple general contractors and owners in contract drafting, negotiation and contract management.