Arbitration/Mediation Experience

Philip Bruner’s arbitration and mediation experience spans five decades.  While engaged in the private practice of law before joining JAMS on January 1, 2008, he served as lead counsel in over 100 construction arbitrations and other litigated cases venued in more than 30 U.S. states. His construction industry clients included public and private owners, contractors, subcontractors, architects, engineers (civil, structural, mechanical, electrical, geotechnical, mining and hydrological), payment and performance bond and other kinds of sureties, material manufacturers and suppliers, equipment suppliers, design professional insurers, property and casualty insurers, lenders and others.

His arbitration, mediation and former legal representations addressed claims and disputes arising on all types of major public and private construction, engineering, energy, infrastructure and other projects, such as power plants, industrial plants, nuclear power facilities, solar energy farms, wind energy farms, waste-water treatment facilities, natural gas processing facilities, mechanical systems, electrical systems, high-voltage transmission lines, airports, high-rise office towers, hotels, sports arenas, water pipelines, natural gas facilities and pipelines, sewer pipelines, large diameter and micro-bore tunnels, hard and soft ground tunnels, excavations of all types, dams, levees, structural steel fabrication plants, oil storage tanks, computer chip fabrication clean rooms, Trident class ballistic missile submarine, corporate headquarters buildings, commercial malls, interstate and state highways, paving of all types, convention centers, shopping centers, stadiums, underground and strip mines, bridges, solar farms, wind farms, research and manufacturing facilities, public buildings, mechanical systems, electrical systems, structural steel structures, concrete structures and others.

Legal issues invoked by such disputes included the wide range of construction law issues addressed in BRUNER & O’CONNOR ON CONSTRUCTION LAW, the 12 volume, 11,000 page legal treatise, such as:  contract award, performance, payment and termination; defective and nonconforming work; differing site conditions; contract changes, extras, variations and breaches; implied contract terms and interpretation of express contract terms; surety bond liability and damages; insurance coverage; construction lending issues; project and construction scheduling, delayed completion, and excuses for non-performance; indemnification obligations; design professional issues;  construction damage quantification; construction cost accounting; dispute resolution; and other issues.

ARBITRATION EXPERIENCE

As an arbitrator, Mr. Bruner has heard and decided many complex disputes and claims arising out of U.S. and international construction, engineering, energy, infrastructure and other types of commercial projects.  Representative matters on which he as served as an arbitrator include:

    • Natural Gas Processing Facility, Canada.  Tribunal Chair and Arbitrator appointed under UNCITRAL Rules to decide claims aggregating over C$250,000,000 asserted by multiple international parties arising out of the design and construction of a C$1.2 billion natural gas processing plant.
    • Solar Energy Project, California.    Tribunal President   and Arbitrator appointed by the International Chamber of Commerce (ICC) to hear contract claims under ICC Rules arising out of construction of a 3,000,000-panel solar energy project.
    • Gold and Silver Mine, South America.   Tribunal Chair and Arbitrator appointed under UNCITRAL Rules to decide claims aggregating over US$400,000,000 asserted by multiple international parties arising out of the engineering, procurement and construction of a US$8.5 billion bi-national gold and silver mine and related facilities.
    • Nuclear Power Plant, Bulgaria.   Arbitrator appointed by the International Chamber of ICC) to hear contract claims under ICC Rules arising out of the engineering and construction of a multi-billion-dollar nuclear power plant.
    • Power Plant, Wisconsin.  Arbitrator under AAA Rules of claims of $71,000,000 arising out of the construction of an addition to a power plant.
    • Regional Justice Center, Nevada. Arbitrator appointed by the American Arbitration Association (AAA) to hear claims under AAA Rules aggregating $130,000,000 arising out of disputes between a public owner, contractor and subcontractor over workmanship and delay issues that led to contract termination.
    • Concessions Subcontracts, Iraq.  Tribunal Chair and Arbitrator appointed the by London Court of International Arbitration (LCIA) to hear international contract claims under LCIA Rules arising out of services provided to a U.S. construction contractor under concessions subcontracts during the Iraq War.
    • Federal Government Facility, Utah.  Arbitrator appointed by the American Arbitration Association (AAA) to arbitrate claims under AAA Rules among multiple parties and insurers arising out of construction of a federal data facility.
    • Transmission Line Project, Texas.  Tribunal Chair and Arbitrator appointed by the American Arbitration Association/International Center for Dispute Resolution (AAA/ICDR) to hear international disputes and claims arising out of the design, procurement and construction of 400 mile 345 KV transmission line.
    • Power authority Projects, New York.  Sole Arbitrator appointed under JAMS Rules to hear disputes arising on three projects between the contractor and financing agency.
    • Power Plant, Wisconsin.  Tribunal Chair and Arbitrator of claims under JAMS Rules between the owner and contractor arising out of the construction of a power plant.
    • Power Plant, Pakistan.  Arbitrator of international claims under UNCITRAL Rules between a Pakistani/US owner and an Italian EPC contractor building a $360,000,000 combined cycle power plant in Pakistan’s tribal area.
    • Condominium Conversion Project, New York City.  Sole Arbitrator of claims between an owner, contractor and surety under JAMS Rules and the Federal Rules of Civil Procedure aggregating $125,000,000 arising out of workmanship and delay disputes on a warehouse condominium conversion project.
    • Construction Services, Afghanistan. Tribunal Chair and Arbitrator of claims between international parties under AAA Rules arising out of contracts for construction of barracks and other facilities in Afghanistan.
    • Wind Energy Farm, North Dakota. Sole Arbitrator appointed by the parties under JAMS Engineering and Construction Rules to decide claims of $40,000,000 arising out of construction of a $250,000,000 electrical generation wind farm project.
    • Commercial Building, Bahamas.  Tribunal Chair and Arbitrator of claims between international parties under UNCITRAL Rules arising out of the construction of a large commercial building.
    • Merchant Power Plant, Upstate New York.  Arbitrator of claims appointed by the American Arbitration Association (AAA) to hear claims under AAA Rules aggregating nine figures between an owner, EPC contractor and turbine manufacturer arising out of a $500,000,000 combined cycle merchant power plant.
    • Ethanol Plant, Ohio.  Arbitrator of claims under JAMS Rules between an owner and EPC contractor arising out of a $75,000,000 contract to build a 50 million gallon per year ethanol plant.
    • Power Plant, Massachusetts.  Arbitrator of claims under ICDR Rules arising out of the design and construction of a merchant power plant.
    • Hotel, Barbados. Tribunal Chair and Arbitrator of international claims under UNCITRAL Rules arising out of the construction of a luxury hotel.
    • Power Plant, Missouri. Sole Arbitrator under JAMS Rules to decide contractual liability and insurance issues between a power company and a contractor arising out of the tipping of a massive crawler crane.
    • Power Plant, Pennsylvania. Tribunal Chair and Arbitrator of claims alleging delays in completion of a $110,000,000 power plant project for conversion from coal to natural gas.
    • Power Plant, Wisconsin.  Arbitrator appointed under AAA Rules to hear claims exceeding $40,000,000 asserted by the owner and EPC contractor under an EPC contract for construction of a power plant.
    • Hydroelectric Plant, Dispute Review Board, Iowa. DRB member appointed to hear claims arising out of construction of a $400,000,000 hydroelectric generation plant built on an existing dam.
    • Interstate Highway Dispute Review Board, Minnesota. Chair of DRB established by a state Department of Transportation to hear and decide disputes arising out of a $250,000,000 interstate highway project.
    • Commercial Multi-structure Roofing, New Jersey.  Appellate Panel Chair and Appellate Arbitrator impaneled under JAMS Optional Appellate Arbitration Rules (exercising jurisdiction of a U.S. Court of Appeals) to decide an appeal taken by parties from an arbitration award rendered by a non-JAMS arbitrator.
    • Manufacturing Plant Damage, Illinois. Arbitrator of disputes of over $40,000,000 regarding manufacturing plant damage arising out of a power failure.
    • Surety Disputes, Texas.  Sole arbitrator of disputes between two sureties over their respective performance bond rights and obligations arising out of the contract defaults of their respective bonded contractor and subcontractor principals on a state highway project.

MEDIATION EXPERIENCE

As a mediator, Mr. Bruner has successfully mediated settlements of a variety of large and complex multi-party infrastructure, energy, engineering, construction and other commercial disputes among as many as 20 parties.  Representative disputes in which he has been engaged as mediator include:

    • Court House and Jail, New York City.  Mediator selected with U.S. District Court approval by over 20 parties to mediate settlements of activity-related and time-related claims aggregating $200,000,000 arising out of construction of a new courthouse and jail facility in New York City.
    • Iraqi Air Force Base, Iraq.  Mediator selected by a US contractor and Iraqi subcontractor to mediate claims in London arising out of construction work on eleven projects at an Iraqi air base near Baghdad.
    • U. S. Government Dam, Tennessee.  Mediator selected to mediate resolution of indemnity claims aggregating over $100,000,000 asserted by a contractor against a government agency arising out of a contract to repair a government dam and related facilities.
    • National September 11 Memorial and Museum, New York City. Mediator of disputes between a contractor and a subcontractor and its surety over completion issues.
    • Renewable Energy Plant, Kansas.  Mediator of contract disputes aggregating more than $100,000,000 asserted between the owner and its EPC contractor
    • European Corporate headquarters, Switzerland. When a multi-million corporate headquarters project for a U.S. Fortune 100 company came to a standstill because of disputes between the owner, Swiss architect/engineer and British construction manager, Mr. Bruner was retained to analyze and sort out the problems, consult with the owner’s consultants and executives, mediate disputes and get the project back on track.  The project was completed on schedule.
    • Sanitary Sewer Pipeline, Disney World, Florida. Mediator of disputes between an owner, contractor, pipe manufacturer and their insurers over the failure of aluminized pipe at an amusement park.
    • Solar Energy Farm, California.  Mediator of claims between an EPC contractor and EPC subcontractor over construction of transmission lines on a 550-megawatt solar power plant project.
    • Wind Energy Farm, North Dakota.  Mediator of claims between an EPC contractor and subcontractor arising out of the construction of a 71-turbine wind project expected to generate 1.3 TWh of sustainable energy per year.
    • Automobile Transmission Plant, Indiana.  Mediator of claims aggregating $35,000,000 arising out of plant construction issues.
    • Municipal Sewerage Force Main, Wisconsin.  Mediator selected by five parties and five insurers to mediate disputes arising out of the design and construction of a lengthy large-diameter industrial force main.
    • NBA Basketball Arena, New York City.  Mediator of disputes between contractor and design professional arising out of work in constructing the home of the NBA Nets basketball team in Brooklyn.
    • Power Plants, New Jersey and Connecticut.  Mediator of disputes between an owner and design-build contractor aggregating $14,000,000 regarding reduction systems.
    • Detention Center, California.   Mediator of disputes between a public owner and design professionals aggregating $15,000,000 regarding design and delay issues.
    • Department Store Build-Out, New York City.  Mediator of disputes aggregating $50,000,000 between owner and lessor over build-out of a “flagship” department store in Manhattan.
    • Wind Energy Project, Illinois.  Mediator of disputes between the owner and contractor over construction of a wind power farm.
    • Steel Mill, Pennsylvania.  Mediator of multi-million-dollar disputes between an owner, contractor and designer regarding the design and construction of a steel mill.
    • Power Plant, Maryland.  Mediator of disputes on a $600 million turnkey power plant between the owner and turnkey contractor.
    • Pier and Underwater Piling Work, New York’s Hudson River. Mediator of claims aggregating eight figures between a public owner, construction manager and surety arising out of a $25,000,000 contract for the construction of a pier and supporting pilings in the Hudson River to accommodate cruise liner docking in New York City.
    • State Water Pipeline, North Dakota.  Mediator of claims for differing site conditions and delays between a public owner, contractor and subcontractor arising out of construction of a major water pipeline for the state of North Dakota.
    • Interstate Highway Bridges, Utah.  Mediator of claims arising out of the construction of interstate highway bridge foundation structures.
    • Military Facilities Renovation, Oklahoma.  Mediator of claims aggregating $8,000,000 for disruption, acceleration and delay between a contractor and subcontractor regarding military facilities renovation work.
    • Public Hospital Addition, New York City.  Mediator of claims aggregating $30,000,000 for acceleration, disruption and delay among a public owner, contractor and performance bond surety arising out of construction of a public hospital addition in New York City.
    • Steel Fabrication Plant Renovations, Colorado.  Mediator of claims aggregating eight figures between an owner, contractor and eight subcontractors and suppliers arising out of delayed completion of steel fabrication plant renovations.
    • Surety Salvage Disputes, Massachusetts. Mediator of disputes involving the rights of two competing sureties to salvage recoveries from indemnitors of performance and payment bonds issued by each surety on behalf of the same defaulting contractor.
    • Public School Construction, New York City.  Mediator of quality of work and extra work disputes between a public owner, contractor and twelve subcontractors arising out of construction of a new public school.
    • Maximum Security Prison, Iowa.  Mediator of contract scope and changes disputes between a public owner and contractor arising out of construction of a new state prison.
    • Property and Professional Liability Insurance, Michigan.  Mediator of disputes between law firms and property and professional liability insurers regarding the handling of claims settlements arising out a construction project in Michigan.
    • Wastewater Treatment Facility, Upstate New York.  Mediator of multi-party disputes arising out of alleged process, design and construction defects that lead to a wall collapse of a wastewater treatment tank.
    • Refrigerated Warehouse Project, Pennsylvania.  Mediator of multi-party disputes relating to alleged delay and workmanship issues in completion of a massive refrigerated warehouse.
    • Commercial Building Flood Damage, Illinois.  Mediator of disputes arising out of flooding of a commercial building due to alleged storm sewer damage on a nearby construction site.
    • Luxury High Rise Condominiums, New York City.  Mediator of disputes between condominium owners, contractor, subcontractor and glass manufacturer over curtain wall issues arising out of construction of new luxury condominium units.

JAMS GLOBAL ENGINEERING & CONSTRUCTION GROUP

Mr. Bruner is a member of the panels of neutrals of both JAMS and JAMS International, and is Director of JAMS Global Engineering & Construction Group panel of neutrals comprised of distinguished neutrals highly experienced in resolving   complex disputes.  See www.jamsadr.com.