KevinO'Brien

Of Counsel

Washington + 1.202.879.7678

Kevin O'Brien guides owners and contractors in project formation and dispute resolution for many of the largest and most complex construction projects. His experience includes early counseling for troubled projects as well as representing clients in all manner of formal dispute resolution including mediation, federal and state court litigation, and domestic and international arbitration. In addition, Kevin has substantial experience in the structuring, negotiation, and drafting of construction contracts. Kevin's career has focused on knowing the construction industry and addressing its risks and complex challenges.

Kevin's experience has included a broad array of projects including numerous energy projects (involving nuclear, fossil, and renewable technologies), petrochemical facilities, hospitals, water treatment and desalinization facilities, environmental clean-up projects including nuclear power project decommissioning, aerospace installations, bridges, highways, and tunnels.

Kevin represents clients such as Bechtel, Georgia Power, Italcementi Group, and Southern Company. Among the more notable projects, Kevin has acted as litigation counsel for claims arising out of the Connecticut Yankee Nuclear Decommissioning project, the Boston Central artery project, the Prairie State Generating Station, and, the most recently, the ongoing construction of the Plant Vogtle 3 and 4 nuclear units. Kevin's work experience includes international infrastructure projects in Europe, Asia, the Middle East, and South America.

Kevin is a regular speaker and author on construction law topics. He has conducted continuing education presentations on liability of design professionals, electronic discovery in construction disputes, the California and Federal False Claims Acts, bid protests, and anticipating litigation for problem projects.

Experience

  • Global engineering and aerospace company resolves ICC dispute with its engine supplierJones Day successfully settled a private arbitration before the International Chamber of Commerce ("ICC") on behalf of a global engineering and aerospace company.
  • Middle-East construction company assists in enforcement of first demand bank guaranteeJones Day assisted a major Middle-East construction company in emergency court proceedings for the enforcement of a first demand bank guarantee issued by a leading Italian bank in favor of the key contractor.
  • Oklahoma Gas and Electric negotiates construction contracts for Mustang Natural Gas Power PlantJones Day advised Oklahoma Gas and Electric Company on construction contracts for the Mustang Natural Gas Power Plant.
  • EPC contractor arbitrates claims related to construction of super critical coal fired unitsJones Day represented a leading EPC contractor in an arbitration of claims for delay and extra costs arising out of a $4 billion contract for the design and construction of two 800 MW super critical coal fired units.
  • Owners of coal fired power plant arbitrate claims of defective performance related to air-quality-control systemsJones Day represented the owners of a new coal fired power plant in an arbitration of claims for delay and defective work arising out of a $260 million contract for the design and installation of state-of-the-art air quality control systems.
  • Georgia Power disputes construction claims related to design of two new nuclear units, Vogtle Units 3 & 4Jones Day represented Georgia Power Company and the other owners of the Vogtle Units 3 & 4 Project in Waynesboro, Georgia in a 3-year litigation concerning more than $1.5 billion in alleged cost overruns relating to the licensing, design and construction of the first new nuclear power projects licensed in the U.S. in over 30 years.
  • EPC contractor negotiates contract for new 1000 MW combined cycle power plantJones Day advised a leading EPC contractor on negotiations with a project owner to construct a new 1000 MW combined cycle power plant.
  • EPC contractor negotiates settlement of $75 million in repair work and liquidated damages against major equipment supplierJones Day represented a leading EPC contractor in its negotiation and ultimate resolution of claims for delay and defective work against the supplier of combustion equipment for a new $2 billion pulverized coal fired unit.
  • The following represents experience prior to joining Jones Day.

    Vezer's Industrial Professionals v. Capitol Cement Corporation, Italcementi Group — Trial counsel for one of the world's largest cement production companies in arbitration of disputes with contractor arising out of the termination of contract relating to construction of a new cement plant. Arbitration, which was concluded within six months of case management conference, resulted in denial of contractor's claims for delay, disruption, demobilization, and bad faith.

    New Nuclear Power Project — On behalf of EPC contractor, negotiated and drafted EPC contract and related fuel delivery contracts for a new nuclear power project.

    New Nuclear Power Project — Counsel for owner on a new nuclear power project to advise on claims and contract administration strategies.

    Combined Cycle Power Plant — Trial counsel in arbitration of disputes related to out-of-scope work, force majeure weather impacts, achievement of substantial completion, and enforceability of liquidated damages with respect to the construction of a 400 MW combined cycle power plant.

    Boston Central Artery Project — Counseled construction manager on issues related to federal and state investigations and ultimate settlement of all claims.

    Parsons Brinckerhoff v. Walsh Construction — Lead counsel in defense against design deficiency claims relating to construction of a cogeneration facility for the University of California.

    Nuclear Decommissioning — Trial counsel for EPC contractor in the prosecution of claims arising out of a default termination of a contractor for the decommissioning and demolition of a commercial nuclear power plant and construction of fuel dry storage facility.

    LNG Liquefaction Facility — Counseled EPC contractor in contract negotiations for major LNG liquefaction facility in the United States.

    Cogeneration Plants — Represented EPC contractor in resolving claims arising out of the construction of two waste to energy projects in Florida that failed to produce design output resulting in termination of the power purchase agreement and default on financing bonds. Successfully negotiated resolution with bondholders and bankruptcy trustee resulting in no exposure to EPC contractor.

    Pulverized Coal Plant — Represented EPC contractor in prosecution of claims for addition work and delay damages against supplier of combustion boilers. Claims were resolved after commencement of arbitration.

    Global Construction v. Metropolitan Development — Lead trial attorney in successful defense of contractor against owner claims for completion costs following default termination. Arbitration resulted in denial of owner's claims for completion costs.

    New Nuclear Power Project — Represented EPC contractor in negotiation of prime contract and major subcontracts for a new nuclear power project in the U.S.

    Combined Cycle Power Plant — Represented EPC contractor in claims against major equipment supplier for delays and additional costs incurred in the completion of a combine cycle power plant in Mexico. Matter resolved in arbitration resulting in award of claimed additional costs.

    Major Subway Extension — Represented EPC contractor in contract negotiations for major addition to regional subway system.

    Stanford University Hospital Modernization — Represented contractor in the prosecution of delay and extra work claims arising out of major hospital expansion and renovation project. Claims against owner and pass through claims of subcontractors resolved in mediation.

    Refinery Expansion Project — Provided analysis and strategic counseling for EPC contractor with respect to cost growth in excess of $1 billion in major refinery expansion project.

    German Telecommunication Fibre Optic Ring — Represented EPC contractor in successful recovery of amounts owed under contract to install German fibre optic ring. Resolution achieved after successful injunction proceedings in German courts.

    Pomeroy v. Foothill De Anza College — Lead trial counsel for successful prosecution of claims for extra work and disruption relating to the construction of a $75 million parking structure. Arbitration resulted in recovery of claimed additional costs due to extra work and delay.

    Morrison Knudsen v. P&K Trucking — Lead counsel on behalf of contractor in the successful dismissal of fraud, breach of contract, and statutory claims against a general contractor arising out of a WMBE program relating to a $100 million public outfall sewer project. Claims in excess of $100 million were dismissed on summary judgment, which was affirmed on appeal.

    Louisiana Pacific v. Asarco — Lead counsel on claims for remediation costs on behalf of commercial land owner.

    Speaking Engagements

    • September 13, 2012
      Executive Roundtable Series - Energy and Infrastructure:
      How Market Forces, Innovation, and Public Policy Are Shaping the Future
    • January 31, 2012 and
      February 1, 2012
      Construction Law Update