Most Highly Regarded Firms: Construction 2008

• September 2008

• Construction

The construction industry is traditionally one of the first to feel the impact of any slowdown or recession.

Factors such as the housing crash in the US, and to a lesser extent the UK, as well as the global credit crunch are making themselves felt across the sector worldwide. Construction activity in the UK is at its lowest level since records began in 1997 according to an August 2008 survey by the Chartered Institute of Purchasing Supply, and the industry in the US is similarly depressed; total construction spending has been in steady decline and stood at its lowest level in almost seven years in June 2008, according Thomson Financial News, although business construction continues to prosper.

While the difficulties in financing have led to a reduction in the number of infrastructure projects and a drop off in the residential and commercial property markets in some countries, others such as the United Arab Emirates continue to be hives of activity. Also, on the other side of the coin, the belt-tightening has led to higher levels of disputes in this industry, leading to more litigation, arbitration and mediation work for the leading lawyers in the field.

PINSENT MASONS: STILL NO. 1

Pinsent Masons leads our international research once again, assuming a position at the top of the table for the third consecutive edition. Its contingent of 12 featured partners is more than any other firm can match, as is its presence in four jurisdictions in the research. The firm is renowned for its input across the entire project cycle, and its recent work has included advising Wembley National Stadium Limited throughout the procurement and construction phases of the project. On the M&A side of the sector it advised Black & Veatch on the acquisition of the water business of M J Gleeson Group plc, while lawyers from the firm have provided dispute resolution counsel in relation to the Channel Tunnel Rail Link in the UK and the Gautrain project in South Africa, among others.

The majority of the Pinsent Masons lawyers we identify are based in its London HQ. Richard Laudy heads the practice and was commended for his advisory and procurement expertise, as well as for his work on behalf of UK contractors. Tony Bunch is head of international operations at the firm and was recognised worldwide in our research, especially for his arbitration and contract negotiation skills. Mark Lane stands out for his infrastructure work and is regarded as a "water guru" - he heads the firm's practice in that area and is the only private practice lawyer on the UK government's water sector advisory group. Martin Harman's international infrastructure experience was repeatedly commented upon, as was that of the "estimable" Vincent Rowan, while Martin Roberts is "first-class" for his disputes, risk management and procurement work. Mark Roe leads the projects and international construction group and was rated as "one of the smartest people I've ever worked with" by an interviewee. Commended for his "first-class" work in relation to EPC contracts, he is also viewed as "more than good" in the arena of international arbitration, having managed the resolution of over 50 major disputes across the world with millions of US dollars at stake.

Alastair Morrison is joint founder of Pinsent Masons' Scottish practice and the most highly regarded individual in that country. The "fantastic" John Bishop occupies a similarly elevated position in the Chinese research, and the firm's "highly impressive Far East presence" is underlined by two entries in Hong Kong. Dean Lewis was described as a "leading light" and "one of the best I have worked with" by our sources, who picked him out for his contentious and non-contentious work, and he is legal adviser to the Hong Kong Construction Association. Vincent Connor heads the office and is "renowned throughout the region" for both his dispute avoidance and resolution skills. Michelle Nelson, who is "making a real name for herself" in the highly active UAE market, completes the picture at the firm. Based in Dubai, she is viewed as a "fabulous disputes lawyer"; she is a qualified solicitor advocate with a well regarded arbitration practice.

LEADING FIRMS IN THE US

The US is the largest legal market in the world for construction work, and nearly half of the 376 individuals identified in this publication are based there. Thelen LLP is the outstanding firm with nine partners featured from three of its US offices, and it "has a place at the top table both nationally and internationally". The firm's heritage in construction law stretches back to the 1930s when it was involved in the Hoover Dam project, and since then its work has included projects such as the Golden Gate Bridge and the Trans-Alaska Pipeline. John Heisse chairs the construction and government contracts practice and is one of the most highly regarded lawyers in California, one of four featured partners from the state. He was commended for his work for the full range of clients in every phase of public and private construction. David Buoncristiani is "without question one of the top guys around", fêted for his "formidable" litigation practice. John Clark is of counsel in the Los Angeles office and a "legendary figure", recognised across the US for his disputes work, while co-chair of the firm Stephen O'Neal is similarly recognised as a "phenomenally learned figure and a real asset to clients".

The firm's DC office is home to three more nominated lawyers. Andrew Ness is managing partner and is internationally recognised for his work on projects such as power plants in Pakistan, offshore oil platforms, pipelines and pumping stations in the UAE and Saudi Arabia and iron ore processing facilities in Venezuela. Michael Jaffe chairs the international arbitration and disputes resolution group and has experience of arbitrations relating to projects in North and South America, Europe and Asia, while Barbara Werther was picked out for her "top-drawer" litigation practice. In New York, Allen Ross is a "spectacular mediator" while Robert MacPherson is one of the most heavily nominated practitioners in the city. "Hugely talented", MacPherson is known both for his contract drafting and his dispute practice in state and federal courts, mediation and arbitration.

Another firm with a major presence in New York, New Jersey and elsewhere in the US is Peckar & Abramson PC. Nationally and internationally renowned, it represents contractors, owners, design professionals and other industry participants in relation to matters throughout the US, Asia, the Middle East, Caribbean, South America and Europe. Founding partner Robert Peckar once again stands at the head of the research, an "incredibly talented" and "immensely respected" lawyer. Former chair of the ADR committee of the American College of Construction Lawyers (ACCL), he picked up votes from respondents internationally for his litigation, arbitration and alternative dispute resolution work. Richard Abramson is similarly well regarded as a "tremendously effective operator" in the courtroom and in domestic and international arbitration tribunals. In recent years, he has obtained recoveries in two matters on behalf of general contractors against US government agencies totalling more than $40 million, as well as a recovery on behalf of a general contractor against a foreign power authority in excess of $100 million. We list two other New Jersey-based lawyers from the firm.

In New York, co-managing partner of the firm Stephen Charney is said to be "at the top of the tree for contractor and developer representation", he is one of two Peckar & Abramson lawyers we list in New York. The firm also boasts the "excellent" Stephen Reisman in Florida and the most highly nominated lawyer in DC; Adrian Bastianelli. Said to be "unparalleled for general contractor work", Bastianelli's practice extends to the representation of subcontractors, owners, design professionals and sureties. An "acknowledged authority on government construction contract claims", his profile is further heightened by his membership of the governing committee of the ACCL and of the ABA's Forum of the Construction Industry.

STATE LEADERS

Elsewhere in the US, several other firms emerge from the research as the leaders in their states. In Virginia, Watt Tieder Hoffar & Fitzgerald LLP is regarded as an "undisputed leader". With five lawyers selected for inclusion it is one of the best represented firms in the research worldwide, and in its 30 years of practice the firm has gained a reputation both at home and abroad for a "consistently high level of quality that runs right through the firm". Jack Tieder "does more than anyone" to maintain this reputation in the eyes of at least one source, and his experience of international projects and representation of foreign governments, utilities, oil companies and domestic and overseas contractors makes him stand out. Jules Hoffar has a similarly impressive name internationally. Known for his marine and construction contract negotiation and drafting as well as for his disputes skills; he is a member of the American Arbitration Association's national large complex case panel, and is also on the board of governors of the ACCL. Former civil engineer Larry Baker was picked out for his "top-drawer" disputes practice, while Bob Fitzgerald was repeatedly commended for his contractor work, especially in relation to heavy construction contract disputes relating to projects such as dams, canals and power, water and sewage treatment plants. Bob Cox appears in recognition of the high quality of his construction and surety work.

Smith Currie & Hancock LLP occupies pole position in our Georgia research, and also has five listings in the following pages; "they'd be my first port of call if I were conflicted out", one rival informed us. Thomas Abernathy is "one of the very best in Atlanta", with experience that includes federal buildings, bridges and highway projects and power plants. Thomas Kelleher is a "federal government contracting guru", and served as chair of the Federal Acquisition Regulation Committee for the Associated General Contractors of America from 1999 to 2003. "Heavy hitter" Aubrey Coleman is recognised for his representation of a design/build contractor on numerous US embassy projects, and has been lead counsel in more than 75 arbitrations, bench and jury trials. James Butler is a "real asset to the firm", while Hubert Bell has a "fantastic reputation, and rightly so"; he is a member of the ABA's forum committee on the construction industry and sections of litigation and alternative dispute resolution, as well as the AAA's national construction dispute resolution committee.

Kilpatrick Stockton LLP is positioned close behind Smith Currie in Georgia, with four Atlanta-based partners on our list. George Anthony Smith is a "hugely impressive operator", recognised for successes such as a $29 million jury verdict and judgment against a mechanical subcontractor and its surety on a large hospital project in Delaware, and a $30 million arbitration award on behalf of the general contractor on the Liberty Place mixed-use project in Philadelphia. Neal Sweeney's track record includes work on Puerto Rico's commuter rail system, one of the largest earth and rock-filled dams in the United States and various projects at a Trident nuclear submarine base. Brian Corgan is recognised by clients as someone who "gets the job done". Co-managing partner William Dorris completes the quartet and was much praised for his dispute avoidance and ADR expertise.

DLA Piper leads in Illinois: we list three of the firm's partners there. Ty Laurie chairs the US construction group and is recognised as "one of the best lawyers in the country, let alone the state". His involvement in a multi-building development at Ground Zero in Manhattan to replace the World Trade Center brings him high levels of recognition. The "highly respected" Ross Altman chairs the transactional side of the firm's construction group, while Daniel Brennan is also well known. DLA Piper's presence extends to the vibrant Middle East market: Jim Delkousis in the Dubai office is head of the litigation and arbitration group for the region and has an "excellent reputation" for all types of dispute resolution, especially in relation to infrastructure projects.

OUTSTANDING INDIVIDUALS

The US is home to several further lawyers who stood out in the research overall. In Illinois, former president of the ACCL Stanley Sklar of Bell Boyd & Lloyd LLC is a "legendary figure within the industry", a fact reflected by the award of the Cornerstone Award for Lifetime Achievement in the field of construction law from the ABA's forum on the construction industry. Steven Stein is one of three partners to feature from Stein Ray & Harris LLP in Chicago. Described to researchers as the "toughest construction litigator in the city", this former board member of the ACCL is also known for his arbitration and contract negotiation skills; in the latter area he gained renown for the negotiation of a contract for an LNG facility in Peru with a contract value of $1.7 billion.

John Hinchey of King & Spalding LLP in Atlanta was described as a "renaissance man, he can do anything". Recognised for his dispute resolution practice both in the courtroom and arbitration tribunals, he was also praised for his contract negotiation work and represented Turner Broadcasting System in all aspects of its $1.2 billion construction programmes. A former chair of the ABA's forum, he is another recipient of its Cornerstone Award.

Robert Rubin is special counsel to McCarter & English LLP in New York and is considered "profoundly knowledgeable". A past president of the ACCL, he also stood out for his work on behalf of clients such as Verizon Communications; he led the litigation team defending an engineering design firm for a state highway project in lawsuits aggregating $217 million in damages arising out of the collapse of the Marcy Pedestrian Bridge during construction.

Mabry Rogers of Bradley Arant Rose & White LLP earned a place on our list of most highly regarded construction lawyers through the consistently high levels of praise he received, both from his peers in private practice and from in-house sources throughout the US and abroad. "A real pleasure to work with", he was fêted for his "practical, business-oriented and effective counsel" and was commended for his contract negotiation, litigation and arbitration expertise.

Across the border in Canada, Robert Beaumont of Osler, Hoskin & Harcourt LLP tops the nominations. Co-chair of the construction group, he is a past president of the Canadian College of Construction Lawyers and the "hands-down first choice" of several of our sources, particularly in relation to infrastructure matters. Also in Ontario, Duncan Glaholt of Glaholt LLP joins Beaumont in the higher reaches of the rankings, while Borden Ladner Gervais LLP takes the honours as the best represented firm with three nominees. The "formidably bright" Bruce Reynolds heads the national construction, engineering, surety and fidelity group and he is joined by "one of the best lawyers in BC", Christopher O'Connor, and the "outstanding litigator" Daniel Ayotte from Montreal.

LEADING UK FIRMS

Despite the current hard times being felt in some areas of the UK construction industry, London is the second most highly populated city in our listings and is home to some of the leading experts practising worldwide. Aside from Pinsent Masons, several other firms stand out.

Fenwick Elliott claims to be the UK's largest specialist construction firm and earns six nominees in this edition; it was described as "absolutely fantastic, they really know how to work with contractors and people in the industry". Nicholas Gould is a "star", highlighted for his contract drafting, strategic project advice and dispute resolution practice and well-known locally as chairman of the Society of Construction Law. Senior partner Simon Tolson is an "authority on all types of contract work", while Tony Francis was repeatedly recommended for his disputes, PFI project and procurement expertise. Julian Critchlow is "extremely practical and effective", while Victoria Russell's contentious practice and Richard Smellie's "first-class" documentation work both received praise.

Elsewhere in the capital, Mayer Brown's London office finds four of its partners included, headed in the voting by Nicholas Henchie. A "leader in the field", he was picked out for his FIDIC knowledge - he chaired the IBA committee on FIDIC contracts - as well as for his procurement work and his background in ICC, LCIA and ad hoc arbitrations relating to projects around the world. Jonathan Hosie is a "go-to guy" for construction and engineering contracts.

Herbert Smith matches Mayer Brown's contingent, with arbitration expert Michael Davis one of three featured lawyers from London. Alongside him, Alastair Henderson is managing partner the Bangkok office and is "well-known in the region", his dispute resolution practice encompasses the construction, infrastructure and energy sectors. Freshfields Bruckhaus Deringer also achieves four listings with three in the UK capital. Sally Roe is an "undoubted leader" and co-heads the road rail and social infrastructure and public sector groups, while Jane Jenkins heads the engineering, procurement and construction group and is a "very fine lawyer". She has advised clients such as Morgan Stanley Real Estate Funds and Land Securities. Simon Stebbings was picked out for his international arbitration work. Freshfields appears in the Spain list courtesy of Juan Gómez-Acebo.

Three London partners from White & Case are joined in this publication by two further highly rated individuals from the firm's offices in Sweden and France, leading one source to note "White & Case is one of the pre-eminent outfits for construction arbitration". It "pulled off a real coup" with the lateral hire of Phillip Capper from Lovells in early 2008. A "household name", Capper received votes from around the world for his construction, engineering and international arbitration practice; he has chaired ICC, LCIA and UNCITRAL arbitral tribunals. His experience includes working on defence, highways, power and process plant projects as well as construction procurement involving participants from countries such as China, India, Kuwait, South Africa, UAE and the US. Alongside him, John Bellhouse is similarly well-regarded for arbitration, and drew praise for his infrastructure work such as advising the Hong Kong government on all construction related parts of the port and airport development scheme, and Israel's government on the first phase of the North-South Highway - the first tolled highway in the country. Ellis Baker heads the construction and engineering practice and is a "stellar practitioner", while Christopher Seppälä in Paris is "immensely qualified" with over 30 years' experience of construction arbitration under a range of rules. Claes Zettermarck in Stockholm is also known for his arbitration practice, as well as for being a "very fine construction litigator".

Despite losing Phillip Capper to White & Case, Lovells remains well represented with five partners on our list. Tony Marshall is based in London but with an expertise in working in Hong Kong; based there from 1987, he headed the firm's regional practice in this field from 1994 to 2002 and was commended for his contract work relating to Hong Kong's new airport project. The "eminent" Nicholas Gould is another alumnus of the Hong Kong office, and is now a senior consultant to the London office, while Timothy Hill, current head of the projects (construction and engineering) group in Asia, is also well known throughout the region having advised on numerous matters relating to construction contracts executed in Hong Kong, Malaysia, China, Singapore and Taiwan. The firm's status as a leading player in this field is underlined by the presence of two of its lawyers in the Germany listings.

Elsewhere in Europe, the "wonderful" Marc Frilet of Frilet - Société d'Avocats in Paris once again earns a place among the leading practitioners worldwide. The outstanding lawyer in the France research, "he is without question the counsel of choice for construction matters" for many of our sources. In the Netherlands, Arent van Wassenaer of Allen & Overy is "streets ahead of the competition" in the eyes of one of our interviewees.

REST OF THE WORLD

We identify five lawyers at Mallesons Stephen Jaques, led in the voting by two nominees from the Hong Kong office. David Bateson is senior partner and well regarded for project documentation and all forms of dispute resolution, while practice team leader Paul Starr has been involved in some of Asia's largest infrastructure disputes, including HK$5 billion worth of claims at Hong Kong's new airport and disputes over Bangkok Metro, Taiwan and Korean High Speed Rails and hotel disputes in China. The "high-profile" Geoff Wood in Sydney is one of three Australia-based nominees from Mallesons; he heads the firm's national construction practice.

Clayton Utz can call on the services of a "leading name in the field worldwide" - Doug Jones. His CV includes acting for the NSW government on procurement matters, including the $3.5 billion Rollingstock PPP, the largest PPP in Australia. His wide-ranging international experience includes acting for the Hong Kong government on the US$20 billion Port and Airport Development Scheme, Jones was made a Member of the Order of Australia in 1999 for services to construction law and dispute resolution. Jones is joined by three colleagues, including Andrew Stephenson, head of the construction and international arbitration group. "One of the best lawyers in the country", he gained local renown for his work on the A$2 billion City Link Toll Road.

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