Experience
Steve Hedges graduated among the top of his class at Virginia Tech’s top-rated College of Architecture. He obtained his law degree at Wake Forest, where he served on the Law Review Editorial Board. He has enjoyed a 40 year career in construction law and business and civil litigation and counsel. His practice began at Woods Rogers in Roanoke Virginia, continued at Patton Boggs offices in Greensboro, Denver, DC, Seattle and Anchorage; Adams Kleemeier in Greensboro, and included 12 years of service as corporate counsel for for a large infrastructure, Federal Works, , environmental and alternative energy contractor and developer located in the metro NYC region.
Some examples of my experience are described below. I would be pleased to discuss my experience relevant to your dispute.
Mediation recovery of $30 million withheld from design-builder of a power distribution project located between New Jersey and Long Island, NY. In lieu of litigation, a negotiated 90 day plan for information exchange and mediation dramatically narrowed issues and enabled recovery without formal discovery, motions or trial.
Mediation avoidance of litigation and performance bond claims against general contractor for defective package wastewater treatment plant, by demonstrating the defects arose from design error. Mediation also required the owner to acknowledge it was aware (from other projects) the product had a history of defective performance.
Representation of general contractor in sequential mediations of $1.2 million in claims for extra work and delay incurred in the construction of a school. Initial mediation recovered change orders from owner and assignment of the owner’s claims against the design team and separate site work contractor. Subsequent mediation obtained recovery from the separate site work contractor for defective construction of the engineered building site and the architect and engineers for defective design and site work administration.
Chief trial counsel for large Western U.S. municipality seeking recovery of environmental response costs in private CERCLA enforcement action. Focused depositions and negotiations conducted during two rounds of Federal litigation achieved contributions from over 180 parties without the need for trial. Cash recovery exceeded $195 million. Commitments to pay future costs exceeded $450 million.
Dozens of successful defenses of design professionals, including multiple assertions of Virginia’s privity of contract defense.
Pre-discovery negotiated recovery of $1 million for lost productivity and delay on a large West Virginia camping facility. Issues were lack of site access due to late permits and successful use of measured mile lost productivity calculation for the repetitive construction of many identical bath houses.
Mediation recovery of several millions of dollars for differing site conditions and defective cofferdam design on a major bridge replacement project on the Hackensack River, NJ. Issues involved differing site conditions encountered in the riverbed overburden and incompetent rock strata during the placement of drilled foundation shafts. Also, improper design leading to the catastrophic failure of floating cofferdam structures. Engaged mediation with a strong mediator enabled the parties to avoid years of discovery of many complex issues.
Recovered in mediation $11 million in payment, extra work and acceleration claims on a major Delaware River bridge expansion project. Parties had languished for years arguing the problem was faulty fabrication of bridge girders. Cooperative analysis in mediation revealed the problem was not the girders but a failure to coordinate differing elevation data for design of roadway versus bridge pier caps.
Established, at trial and on appeal, the Virginia construction law precedent that the party who commits the first material breach of the contract is not entitled to enforce the contract. Ruling barred a general contractor, who had not paid a sub, from pleading a risk of loss clause as defense where the project was destroyed by fire.
Multiple claims, disputes and contract drafting issues for deep foundation specialists, including driven excavated shafts, augered piles, driven piles, grade beams, sheet piling, pipe piling and support for excavation.
Successful representation of Virginia regional transportation authority regarding the collapse, flooding and subsequent redesign and completion of regional transportation facility. Also, successful defense, through US 4th Circuit Appeal, of Authority against personal injury sustained in collapse on grounds the Authority was entitled to worker’s compensation bar.
Prosecution of claims for self-dealing by limited liability partner in connection with a large program of North Carolina solar energy farms.
A handful of arbitrations and mediations involving commercial manufacturing and sales and medical and software licensing contracts.
Successful avoidance of claims against a design builder for defective design, allegedly resulting in building slab water intrusion, brought by a North Carolina Fire Department. Resolution achieved through the practical cooperation of adverse parties to share the expense of an independent engineering inspection.
Negotiated defense of safety issues on the construction of a large replacement bridge on the coast of North Carolina.
Successful negotiation to obtain engineer’s financial contribution to concrete reinforcing steel cost overruns on a Metro New York ferry terminal. Recovery achieved once negotiation established the reasonableness of design-build contractor’s reliance on engineer’s representations as to amount of reinforcing steel required.
Mediation recovery for a grading subcontractor of large extra work and overtime costs to remove undisclosed contaminated and unsuitable soils on a restaurant project in North Carolina.
Recovered for interiors prime contractor, from owner’s property insurance, about $1 million dollars in damages to interiors work sustained on a NC Courthouse. Successfully established the interiors contractor, as an additional insured under the builder’s risk policy, was entitled to recover for damage to finished interior work by other trades.
Litigation recovery on behalf of general contractor of $900,000 of costs to correct the contractor’s defective work on a NC Church. Recovery had against owner’s wrap-up property insurance, Subcontractor’s CGL policy and general contractor’s CGL policy (containing a rework endorsement). Substantial additional recovery against owner who withheld payment and thwarted insurance claim, on showing that withholding and claim obstruction was unfair trade practice where general contractor was insured under owner’s policy.
Recovery in mediation against North Carolina hospital architect of extra costs to correct omitted design and associated delay damages.
Recovery in mediation and prior to discovery against the project design team and its insurers of $4.5 million dollars of extra cost, delay and damages claims by the owner and two prime contractors arising from the construction of an Alaska high rise hotel.
Recovered $2 million in claims from a North Carolina university for extra construction costs incurred because of errors and lack of coordination in the design of an alumni hall. Recovery achieved in pre-trial negotiations.
Recovery in mediation of general contractor’s $1.4 million payment, extra work and delay claims arising from construction of a NC retirement village delayed one year in completion. This case required showing that the architect’s design was defective and late. It also involved successful defense of many defective work claims.
Counsel and representation of a NC county government regarding a poorly designed courthouse and jail. Negotiations resulted in a “wrap-up” of all contractor claims for 28 percent of sums claimed and commitments to an expedited completion schedule. Extra costs to complete were obtained, through negotiations, from architect’s E&O insurer.
Successful motion for judgment on the pleadings on behalf of site contractor, prevailing over insurer’s denial of $15 million claim for foundation collapse on Hawaiian resort. Recovery achieved by avoidance of subsidence exclusion. Appeal avoided in mediation.
Successful counsel and representation of coastal NC County to anticipate and avoid general building contractor’s $2 million extra work and acceleration claims allegedly caused when a separate prime contractor defaulted in the first month of construction. Retained as soon as problems arose and assisted the County to manage, document and complete the project with no grounds for extra claims.
Where a corporate developer signed a construction contract for a hotel, but subsequently syndicated the project through a limited partnership, established, on certiorari appeal, Maryland authority that the limited partnership, as de facto successor, is entitled to enforce and make claims under a contractual arbitration clause.
As corporate counsel, worked on contracts and optimal design and construction delivery plans for large infrastructure and wind, solar and other alternate energy developments.
General advice, contract drafting, project documentation and risk management, counsel regarding risk avoidance, limitations of liability, optimal project delivery models and insurance solutions for complex projects, negotiation and litigation counsel for owners, general and sub contractors.
General advice to architects and engineers regarding risk avoidance and limitations of liability exposure. Defense of professional malpractice claims.
Development of standard form agreements for national engineering and environmental firms and the Construction Management Association of America.
Served as advocate in about 95 mediations and two dozen arbitrations
Served as mediator in about 50 construction and commercial mediations.
Served as arbitrator in about 20 construction and commercial arbitrations.