Owen J. Shean

• Representation of the Architect of the Capitol in claims and disputes arising from the design and construction of the Capitol Visitor Center (CVC), located in Washington, D.C. The CVC consists of approx. 580,000 sq. ft. expansion of the U.S. Capitol complex. Located entirely underground, the CVC is located on the east side of the Capitol. Appeal of RTKL Associates Inc. (CAB U.S. Government Accountability Office)
• Representation of the New World Symphony in the negotiation and resolution of claims, change orders, and disputes in conjunction with the design and construction of the NWS Campus and Concert Hall in Miami Beach, FL. The project included a 757 seat concert hall, practice rooms, music library, and 7,000 square foot outdoor wall for video projection of symphony performances. The project incorporated an iconic design by Frank Gehry and was the first commission of Frank Gehry Partners in Florida.
• Representation of Facilities Development Corp. in a civil action against Edmund C. Scarborough and The IBCS Group, Inc., alleging, inter alia, fraudulent inducement and false advertising in conjunction with issuance of payment and performance bonds for construction and renovation of the U.S. Consulate in Jerusalem, Israel. The complaint alleged fraud by the defendants in the marketing and sale of payment and performance bonds which plaintiff contended did not comply with applicable requirements of the Federal Acquisition Regulations. Facilities Development Corp. v. Edmund C. Scarborough and the IBCS Group Inc. (Cir. Ct. Fairfax, Co., VA)
• Representation of Great Southwestern Construction Company, Inc. in an insurance coverage dispute with certain underwriters at Lloyds of London. The lawsuit sought coverage for and payment of claims pursuant to an "All Risks Erection" policy issued in conjunction with the construction of a wind farm and associated transmission lines in Colorado Creek, CO. Great Southwestern Construction, Inc. v. Underwriters at Lloyd's London Subscribing to Policy Number BD0600401, (Sup. Ct. N.Y., County of N.Y.)
• Representation of Consolidated Edison in an adversary proceeding initiated by a Chapter 11 debtor arising from the construction of Con Ed's Third Avenue Yard Facility, in Brooklyn, New York. The complaint filed by the debtor/contractor against Con Ed alleged, inter alia, breach of contract, fraud in the inducement, defamation, and violation of the New York Trust Fund Statute. Andrew Velez Construction, Inc. v. Consolidated Edison Company of New York, Inc. and The Switzer Group, Inc. (Adv. Pro. U.S. Bankruptcy Ct., S.D.N.Y.)
• Representation of design/build contractor in multi-jurisdictional litigation involving claims and insurance coverage disputes arising from design and construction of medical office and ambulatory care facility housing MRI facilities, examination rooms, laboratories, and surgical operating rooms. Marshall Erdman & Associates v. TIG Insurance, et al. (Supr. Ct. Wisc., Fed. Dist. Minn., Supr. Ct. of Ohio).
• Representation as Amicus Curie counsel in appeal involving inter alia, rights of defense and indemnity under a professional errors and omissions policy for construction defect claims asserted against a Design/Build contractor. 1325 North Van Buren, LLC v. 7-3 Group, Ltd et al (Wisconsin Court of Appeals).
• Representation of fire protection contractor in pursuit of $3.2 million in claims against Construction Manager and sureties arising from construction of the Phase IV Expansion of the Orange County Convention Center. Southeast Fire Protection LLC v. Hunt Construction et al (Cir Ct. Orange Co. Fla).
• Representation of Design/Build Contractor in defense of bond claims arising from construction of United States Marine Barracks Annex and Support Facility in Washington, D.C. United Sheet Metal Inc. v. Coakley & Williams Construction Inc. et al (U.S. Dist. Ct. D.C.).
• Representation of mechanical subcontractor in prosecution of $19 million claim for delay and productivity losses incurred in construction of John R. Dingle VA Medical Center in Detroit, Michigan. Appeal of Bateson Dailey Joint Venture (Veterans Affairs' Board of Contract Appeals).
• Representation of KPMG Consulting in an action to recover amounts due for furnishing, configuring, and implementing Oracle Applications Suite software for public school system. KPMG Consulting, LLC v. New Baltimore City Board of School Commissioners (USDC N.D. Md.).
• Representation of City of Los Angeles in defense of contractor's claims for additional compensation arising from construction of Hyperion Full Secondary Wastewater Treatment Facilities. Kiewit Pacific Co. v. City of Los Angeles (Supr. Ct. L.A. County, Calif.).
• Representation of contractor to recover amounts due resulting from default termination of contract for underground and foundation construction of steel processing mill. Baker Concrete Construction, Inc. v. AK Steel Corporation and Eichleay Engineers, Inc. (Ct. Common Pleas, Ohio).
• Representation of defense contractor in defense against claims of breach of contract and False Claims Act violations arising from performance of a contract with the United States Air Force for implementation of a command and control enhancement contract. Techdyn Systems Corporation v. Whittaker Corporation (Cir. Ct. of Arlington, Va.).
• Representation of research consortium in defense of termination for convenience claims arising from closure of Superconducting Super Collider Laboratory in Waxahachie, Texas. Westinghouse Electric Corporation v. University Research Associates (USDC N.D. Tex.).

Transactional

• Representation of a Fortune 50 company to provide a full range of contracting-related services for a complex, multi-year 9-figure sediment remediation project, which includes dredging, construction, and operation of landside processing and transportation facilities. The services have also included preparation of solicitation and contract documents and contract negotiations.
• Representation of owner/developer in drafting and negotiation of Guaranteed Maximum Price (GMP) contracts for construction of Park Place (Annapolis, MD), a mixed use project consisting of condominium, office building, hotel and parking garage.
• Representation of contractor/bidder in proposal preparation and bidding of contract for demolition and environmental renovation of the Connecticut Yankee Nuclear Power Plant.
• Preparation of risk management assessment for tunnel engineering contract and related procurement documents for the Metropolitan Transit Authority, East Side Access, New York, NY.

Arbitration/ADR Proceedings

• Representation of Design/Build contractor in mediation of claims for additional compensation arising from construction and renovation of facilities at the United States Air Force Academy.
• Representation of contractor in arbitration and mediation of claims for additional compensation, delays, and impacts arising from construction of 1,100MW gas-fired, combined cycle power generation plant.
• Representation of owner in mediation of claims and change orders arising from construction of 600MW gas-fired combined cycle power generation plant and related sewage treatment, water treatment, and gas compression facilities.