Overview

Kevin works globally to help clients on construction projects and heavy industry construction work.

Prior to joining Thompson Hine, Kevin represented clients on construction projects in both the United States and the Middle East/North Africa with a large international law firm. Kevin's experience in construction spans multiple jurisdictions and includes drafting agreements to helping clients resolve issues during and after construction.

Before entering private practice, Kevin served as a law clerk to Chief Judge Charles M. Caldwell of the U.S. Bankruptcy Court for the Southern District of Ohio.

Kevin’s construction experience spans multiple jurisdictions and includes the entirety of a dispute, from leading the development of claims (and defenses to claims); drafting the documents necessary to forward those claims; advising clients on legal issues and case management recommendations; directing expert teams and managing local counsel; and representing clients in arbitration hearings, mediations and settlement proceedings. Kevin also helps counsel clients to determine when, where and how to bring claims, including avoiding disputes when possible.

Kevin also regularly writes and speaks on legal issues in construction, alternative dispute resolution, international disputes, and coaches law students at The Ohio State University, Moritz College of Law in oral advocacy.

Experience

Construction

Kevin has experience in construction and construction disputes, from drafting construction contracts to assisting clients in construction disputes, including defects, delay, and prolongation. Kevin assists clients starting their projects, assists during the construction project, and helps clients whose projects have hit road bumps and disputes. Kevin has experience in megaproject construction, airports, land reclamation, heavy industrial works, national security infrastructure, security systems, and roads and highways. Representative disputes include:

  • OEM equipment supplier delivering power plant equipment on contract issues, delay analysis evaluation, and negotiations with the power plant owner regarding contract closeout
  • Defense of a prime contractor in a hospital construction during claims development against the Owner, evaluating subcontractor performance and claims, mechanic’s lien discharge applications before courts, and claims negotiations
  • Assisting an owner in drafting and negotiating the construction manager at risk and architect agreements for a new wing to the owner’s corporate headquarters
  • Representing landlords and tenants during lease and work letter drafting and negotiations
  • Representing home remediation contractors before county boards of review on license issues
  • Assisting a subcontractor in defending claims for defective construction of a multi-family construction project
  • Representing a surveying and inspecting company regarding damages arising from pipeline construction in Southern Ohio
  • Representing a pipeline contractor in Ohio state and Pennsylvania federal courts in dispute regarding outstanding $2 million payment for work performed, defect claims and change order claims and that included placing liens on the pipeline
  • Advice and counsel to the Hamad International Airport Steering Committee, providing counsel to (employer) client regarding the construction of the $20 billion Hamad International Airport. The engagement included services as project counsel, claims review and negotiations and advising on litigation strategy and ADR matters
  • Defense of claims arising from a contract for the design and build of a security infrastructure project, including civil, mechanical and electrical works and covering delay, prolongation, disputed variations and liquidated damages. Representation included drafting briefs and representing client at arbitration hearing
  • Representing governmental client against an international engineering and project management construction contractor on a multi-billion dollar infrastructure project, including preparation of claims and violations of Qatar law, drafting of claim documents, representing client at mediation and negotiation proceedings, researching and drafting of request for arbitration, and working with experts in connection with claims regarding delay claims, master planning works deficiencies, infrastructure systems design and construction defects (water, electrical, sewer, wastewater and security systems), contract management and administration failures, and problems arising from the design, build and project management of the construction of the associated facilities
  • Advice and counsel on construction project issues for international joint venture performing services for the construction of the Riyadh metro system
  • Advice to bid-build contractor client on a $300 million road failure case in Qatar, including representation in bilingual mediation proceedings
  • Counsel to mechanical, electrical and plumbing (MEP) subcontracting client on construction issues, including advice on client rights upon termination of contract and assistance on warranty claims and drafting project correspondence

International Arbitration and Cross-Border Disputes

Kevin represents and counsels clients on international arbitration rights, including the analysis of relevant national laws and enforcement of judgments both in the United States and overseas. Representative disputes include:

  • Representation of international bank in an ICC arbitration (New York seat) on claims of breach of contract, fraud and fraudulent inducement, including drafting statement of claim and counseling client on arbitral proceedings
  • Representation of supply chain and logistics provider regarding potential FCPA and criminal issues regarding U.S./Mexico border crossing
  • Representation of Qatar government in a $200 million ICC arbitration proceeding, including arbitration hearings (Doha, Qatar seat)
  • Representation of Qatar government in a $1 billion ICC arbitration proceeding (London seat), including drafting of claim documents, representation of client at mediation and negotiation proceedings, research and drafting of request for arbitration, and working with experts regarding claims
  • Representation of Malaysian construction company in foreign state proceedings, including mediation and court dispute, and consultation with local counsel

PublicationsPresentations
  • Lecturer for "International Business Arbitration" and "Workshop on International Arbitration," The Ohio State University American Law and Language Program, July 2019
  • “International Arbitration,” The Ohio State University Moritz College of Law, September 2018
  • “Drafting Arbitration Clauses,” International Chamber of Commerce Qatar, January 2017
  • “ICC Arbitration: Understanding the Basics,” International Chamber of Commerce Qatar, April 2016

Distinctions
  • Included in the inaugural edition of Best Lawyers: Ones to Watch 2021 for Alternative Dispute Resolution, and Construction Law
Professional and Civic

Professional Associations

  • Society of Construction Law (Gulf)
  • Builders Exchange of Central Ohio

Community Activity

  • L.L.M. Advisory Council, The Ohio State University Moritz College of Law
  • Advisor and coach, International Moot Court Team, The Ohio State University Moritz College of Law
News