Albert Bates, Jr. is vice chair of Duane Morris' Construction Group. Mr. Bates focuses his practice on construction litigation and domestic and international arbitration matters. He has extensive litigation and arbitration experience, with an emphasis on the resolution of construction claims, commercial contract matters and other complex technical, environmental and business disputes. He has represented multinational corporations, domestic and international owners, EPC contractors, general contractors, subcontractors, engineers, equipment manufacturers, and lending institutions on a wide variety of construction projects, including power plants, chemical plants, pharmaceutical projects, steel mills, coke and by-product recovery plants, other industrial and manufacturing facilities, mass transit and highway projects, airports, mixed-used facilities, and sports and entertainment venues. In addition to representing clients on various federal and state courts, Mr. Bates has represented clients in arbitrations under the rules of the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, the International Chamber of Commerce, the CPR Institute for Dispute Resolution and in private arbitrations.
Mr. Bates also regularly serves as an arbitrator and mediator. He is a Fellow in the College of Commercial Arbitrators, a Certified Mediator by the International Mediation Institute, and a Charter Member of the National Academy of Distinguished Neutrals. He serves as a neutral for the American Arbitration Association, the International Centre for Dispute Resolution, and the CPR Institute, and on a non-administered basis. Mr. Bates has served as a neutral on more than 125 occasions, including matters in which the amounts in controversy exceeded $100 million.
Mr. Bates serves as a member of the Board of Directors of the American Arbitration Association. He also served as the immediate past Chairman of the National Construction Dispute Resolution Committee, a group of representatives from more than thirty prominent constructions industry professional organizations that advise and consult with the American Arbitration Association on conflict management and dispute resolution practices, processes and procedures for the construction industry.
Mr. Bates is listed in The Best Lawyers in America in the areas of Arbitration, Mediation, Construction Law and Litigation-Construction. He also has been recognized as a Pennsylvania Super Lawyer by Philadelphia Magazine in the field of construction litigation. Mr. Bates was selected as Best Lawyers' 2010 Pittsburgh Construction Lawyer of the Year.
Mr. Bates is a 1987 graduate of Vanderbilt University School of Law, where he was an associate editor of the Vanderbilt Journal of Transnational Law, a 1987 graduate of Vanderbilt University, Owen Graduate School of Management (M.B.A., Finance), and a 1983 graduate of Washington & Jefferson College (B.A., Economics and Political Science, cum laude).
Areas of Practice
· Arbitration and Mediation
· Construction Litigation
· Commercial Litigation
· International Arbitration and Dispute Resolution
· Environmental Litigation
Representative Matters
Construction
· Oil Pipeline Project: Counsel to the program manager (engineering management, procurement and construction management) on matters related to the Keystone Pipeline Project.
· Power Generation: Hydroelectric - Capital Projects: Construction counsel to Oglethrope Power in connection with certain capital projects at its Rocky Mountain Hydroelectric Plant.
· Power Generation: Biomass and Combined Cycle - Capital Projects: Construction counsel to Oglethorpe Power in connection with a multibillion-dollar procurement and construction program for a series of biomass and gas-fired power generating facilities.
· Power Project: Supercritical Coal - Prudency Counsel: Prudency counsel to Kansas City Power & Light with respect to a series of rate cases in Kansas and Missouri arising from the construction of Iatan 2, an 850-megawatt supercritical coal-fire power-generating facility in Iatan, Missouri.
· Power Project: Supercritical Coal- Arbitration and litigation counsel to Aker Kvaerner Songer, Inc., in a series of cases arising from engineering, procurement and construction of Council Bluffs Energy Center Unit 4, a 790-megawatt supercritical coal-fired electric generating facility in Council Bluffs, Iowa.
· Power Project: Combined Cycle Litigation counsel to Aker Kvaerner Songer, Inc., in a series of disputes arising from the engineering, procurement and construction of a 310-megawatt combined-cycle power plant in Burbank, California.
· Power Project: Combined Cycle Litigation counsel to Aker Kvaerner Songer, Inc. in two cases arising from the construction of a 580-megawatt combined-cycle power plant near Reading, Pennsylvania. The representation involved defending the general contractor against claims by its piping and electrical subcontractors and prosecuting various claims against the owner.
· Power Project: Nuclear Remediation: Represented Southern California Edison in defense of claims by its demolition contractor on certain demolition and disposal work at a decommissioned nuclear power facility in California.
· Steel Mill: Greenfield Construction- Represented Mannesmann Demag et al., the EPC contractor for the construction of greenfield steel plant in Davenport, Iowa, against nearly $300 million in claims for breach of contract, breach of warranty, breach of performance guarantees and lost profits asserted by IPSCO Steel, Inc.
· Assel Mill: Bankruptcy Matter- Represented SMS Demag, Inc. and SMS Meer GMBH in two related cases arising from the supply and installation of an assel and stretch-reducing mill in Rosenberg, Texas. In addition to other issues, the case involved novel issues of arbitration law.
· Sinter Plant: AQCS Project- Represented United States Steel Corp. in a breach of contract, breach of warranty and engineering negligence action involving deficiencies in the design and construction of a sinter plant emissions-control system at its Gary Works.
· Steel Mill Dismantling: Represented a dismantling contractor in a $70 million loss-of-productivity and lost-profits claim arising from the owner's alleged actions and/or inactions on 10 large dismantling projects throughout the eastern United States.
· Pharmaceutical Plant: Greenfield Construction- Represented PPG Industries in a series of arbitration proceedings related to the design and construction of a pharmaceutical intermediate plant in LaPorte, Texas.
· Norwegian Naval Vessels: Counsel to the controls, packaging and ancillary-functions subcontractor in a delay, disruption and inefficiency claim against Pratt Whitney for the propulsion systems for Skjold Class Missile Fast Patrol Boats for the Royal Norwegian Navy.
· Universal Studios Florida: CitiWalk Project- Represented Baker Mellon Stuart Construction Inc., the general contractor, in a series of related cases in federal and state court in Florida arising from the construction of the Universal Studios Florida "CitiWalk" Project. The two most significant cases arising from this project involved defense of claims by the structural subcontractor against Baker, and the prosecution of claims against the project architect and engineer.
· Pennsylvania Capital Addition: Represented the Commonwealth of Pennsylvania in a series of disputes arising from the construction of a $125 million addition to the State Capitol Building.
· Mixed-Use Complex: Greenfield Construction-Represented an architectural joint venture and its consulting engineers in a multimillion-dollar loss of productivity and additional services claim against the owner/developer of a convention center hotel, office and retail complex in Pittsburgh.
· Highway and Bridge Project: Prosecution of claim for engineering additional fees for Michael Baker Jr., Inc., and defense of breach of contract and engineering negligence action by PennDOT relating to the Market Street Bridge construction in Williamsport, Pennsylvania.
· Subway Tunnel: Represented the Port Authority of Allegheny County in a multimillion-dollar delay, impact and differing-site-condition claim by the general contractor and its tunneling subcontractor on the Mt. Lebanon Tunnel for the Authority's Light Rail Transit System.
· Public Transit Authority: Represented the Port Authority of Allegheny County in a number of construction and commercial arbitration matters administered by the American Arbitration Association. Examples include bid protests, delay, impact, differing site conditions, loss of productivity, extra work and inefficiency claims, error-and-omission claims, design-deficiency claims, and a variety of other types of disputes.
Commercial, Environmental and Other Complex Disputes
· Supply Contract: Representation of a large U.S. producer of alumina in a breach of contract action against a United Arab Emirates metals trading company and its Indian parent for refusing to accept delivery of contracted quantities of alumina.
· Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1974 asset-purchase agreement.
· Asset Sale: Representation of Beazer East, Inc., in a $20 million arbitration arising from the leveraged buyout of the Commercial Roofing Division of Koppers Company, Inc. This arbitration involved whether the purchaser had agreed to assume and indemnify the seller against certain commercial roofing warranty and product liability claims.
· Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1978 asset-purchase agreement.
· Asset Sale: Representation of Baker Heavy & Highway and its parent, Michael Baker, Inc. in a breach of contract, breach of warranty and indemnification action arising from the sale of certain assets of Baker Heavy & Highway, Inc.
· Asset Sale: Defense of potential purchaser of a collection of business involved in the manufacture, sale, service, and maintenance of sport fishing vessels in North Carolina.
· Environmental Cost Recovery: Representation of Beazer East, Inc., a former owner of a coke and coal chemical by-product recovery and refining plant, in a lengthy CERCLA cost-recovery action involving the Woodward Coke plant in Birmingham, Alabama.
· Environmental Cost Recovery: Representation of Beazer East, Inc., a former owner of a coke and chemical by-product recovery and refining plant, in a lengthy CERCLA and RCRA cost-recovery action involving the Toledo Coke plant in Toledo, Ohio.
· Insurance Coverage: Representation of North River Insurance Co. in a $20 million insurance coverage matter involving whether current owner had any interest in, or is otherwise afforded coverage by, umbrella and excess-umbrella policy issues to former owner prior to the divestiture of certain business units when former owner remained in business and sought to apply coverage to other potential losses.
· Insurance Coverage: Representation of general contractor in an insurance coverage dispute arising under a "wrap-up" insurance policy as a result of the failure of structural members during the construction of the Greater Pittsburgh International Airport.
· Bankruptcy Matter: Representation of the Official Committee of Unsecured Creditors in connection with the investigation and assessment of the validity and avoidability of certain security interests of the secured lenders, and assessment of potential claims against the directors and officers of the debtor.
· Bankruptcy Matter: Representation of PNC Bank, the secured lender, in adversary proceedings to recover for deterioration of cash collateral as a result of the alleged failure of Visteon Corp. and Delphi Automotive Systems, LLC, to adequately provide post-petition debtor-in-possession financing to a tier-2 automotive supplier.
· Trade Secrets: Representation of Danieli Corp. and Danieli & C. SpA in a case involving the procurement and construction of two cut-to-length sheet-steel lines for a Swedish steel manufacturer. Plaintiff was a disappointed bidder that alleged, among other things, that the Danieli entities misappropriated their trade secrets during the bidding process.
Professional Activities
· Fellow of the College of Commercial Arbitrators, 2009-present
· Certified Mediator by the International Mediation Institute
· Charter Member, National Academy of Distinguished Neutrals
· American Arbitration Association/International Centre for Dispute Resolution
- Member, Board of Directors
- Immediate Past Chair, National Construction Dispute Resolution Committee
- Panel of Master Construction Arbitrators
- ICDR International Arbitrator
- Construction and Commercial Arbitrator and Mediator
- AAA Arbitration Advocacy Trainer
- AAA Arbitration Ethics and Disclosure Trainer
- Program Faculty at various AAA and ICDR national and regional programs
· CPR Institute for Dispute Resolution
- International Arbitrator and Mediator
- Construction Arbitrator
- CPR Construction Advisory Committee
- CPR International Arbitration Committee
- CPR Arbitration Rules Revision Committee
· International Bar Association
- Arbitration Committee
- International Construction Projects Committee
· American Bar Association
- ABA Construction Litigation Committee Delegate to National Construction Dispute Resolution Committee
- Forum on the Construction Industry
- Litigation Section, Committee on Construction Litigation
· Allegheny County Bar Association
- Chair, Construction Law Section, 2010-2011
- Member, Construction Law and Civil Litigation Sections
· Fellow, Allegheny County Bar Foundation
Experience
· Duane Morris LLP
- Partner, 2007-present
· Reed Smith LLP
- Partner, 2000-2007
· Babst Calland Clements & Zomnir, P.C.
- Associate, 1993-1994
- Shareholder, 1995-2000
· Eckert Seaman Cherin & Mellott, LLC
- Associate, 1987-1993
Honors and Awards
· The Best Lawyers in America- Arbitration, Construction Law, Litigation- Construction and Mediation
· Selected as Best Lawyers' 2010 Pittsburgh Construction Lawyer of the Year
· Pennsylvania Super Lawyers, 2004-present - Construction Law
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Selected Publications
· International Civil Procedure, Second Edition, Chapter Author ("United States"), (Juris Publishing 2011)
· Co-author, "Large, Complex Construction Disputes: Dynamics of Multi-Party Mediation," Journal of Legal Affairs & Dispute Resolution in Engineering and Construction,ASCE (May 2011)
· Featured in "Choosing Arbitration over Litigation" by Ann Belser, Pittsburgh Post-Gazette, (February 28, 2011)
· Co-author, "Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation," American Arbitration Association Handbook on Construction Arbitration and ADR, Second Edition (Chapter Author) (2010)
· Co-author, "Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation," American Arbitration Association Handbook on Mediation, Second Edition (Chapter Author) (2010)
· 2008 Update to "Non-signatories and International Arbitration: Understanding the Paradox," presented at CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria (June 2008)
· "Arbitrator Disclosure Obligations Under 2004 IBA Guidelines on Conflicts of Interest," International Arbitration and Mediation - From the Professionals Perspective (Alibekova & Carrow, Eds. ) (Yorkhill Law Publishing 2007).
· "Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation," 62 Dispute Resolution Journal 36 (American Arbitration Association May/July 2007).
· "The Benefits of a Proactive Approach," Inside the Minds: Construction Law Settlements and Negotiation (Aspatore Books 2007) (Chapter Author).
· "Non-Signatories and International Arbitration: Understanding the Paradox," Comparative Law Yearbook of International Business (Kluwer Law International 2007) (Chapter Author).
· "Still the Arbitrator's Call: U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," IBA Arbitration Newsletter (September 2006).
· "U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," PBA Civil Litigation Update (Spring 2006).
· "Non-Party Discovery in Commercial Arbitration: Legal Hurdles and Practical Suggestions," Pennsylvania Bar Association Civil Litigation Section Newsletter, Fall 2005
· "Arbitration in a Global Economy: Managing Information Exchange to Expedite International Commercial Arbitration Hearings," Yorkhill Law Publishing, 2005
· Co-author, "Asset Purchases, Successor Liability, and Insurance Coverage: Does the Tail Always Follow the Dog?" West Virginia Law Review, 1998
· "Natural Resource Damage and Third-Party Personal Injury and Property Damage Claims: Litigation Issues Which Linger After a Successful Brownfields Project," American Bar Association Toxic Tort and Environmental Litigation Newsletter, August 1998
· "RCRA's Imminent Hazard Citizen Suit Provision After the Ninth Circuit's Ruling in 'Meghrig,'" Toxic Law Reporter, June 21, 1995
· "An Overview of the Integration of RCRA's Imminent Hazard Citizen Suit Provision with CERCLA's Cost Recovery Provisions After KFC Western v. Meghrig," Environmental Reporter, April 28, 1995
Selected Speaking Engagements
· Panelist, "Building the Construction Arbitration Process to Optimize Its Advantages," Construction SuperConference 2011, San Francisco, December 16, 2011
· "Large, Complex Construction Disputes: The Dynamics of Multi Party Mediation," American Arbitration Association University Webinar, December 8, 2011
· "Maximizing Efficiency and Economy in Arbitration: Challenges at the Preliminary Hearing," American Arbitration Association University Arbitrator Training, Pittsburgh, October 13, 2011
· "Making the Multi-Party Mediation Work," Spring 2011 American Arbitration Association Construction Conference, Santa Monica, California, April 1, 2011
· "Construction Dispute Resolution in the U.S.: International Techniques That can be Used Domestically," American Arbitration Association University Webinar, May 10, 2010
· "ICDR/AAA International Construction ADR Tools and Techniques," 8th Annual Miami International Arbitration Conference: Resolving International Construction Disputes, Miami Beach, Florida, March 22, 2010
· "Significant Recent Developments in Construction: Law, Ethics, and Practice," Allegheny County Bar Association Construction Law Section, Pittsburgh, December 7, 2009
· "Ethical Considerations for Advocates in Construction Arbitration," AAA 2009 Fall Construction Conference, Los Angeles, California, November 13, 2009
· "Managing the Expectations of the Parties: Best Practices in Arbitration," American Arbitration Association, Pittsburgh, October 13, 2009
· "Ethical Considerations for Advocates in Construction Arbitration," AAA 2009 Spring Construction Conference, New York City, May 29, 2009
· "Large, Complex Construction Disputes: The Dynamics of Multi-Member Mediation Teams," 2009 AAA/ICDR Neutrals Conference, Coronado, California, February 27-28, 2009
· "Are You Ready for International Arbitration? How to Prepare and Present Construction Disputes Before the ICC, LCIA, ICDR and other International Forums," 2008 Construction SuperConference, San Francisco, December 11, 2008
· "ADR Works," American Arbitration Association 2008 Construction Conference, Chicago, November 6, 2008
· "Non-signatories and International Arbitration: Understanding the Paradox," CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria, June 19-22, 2008
· "ADR Works: Choosing the Right Resolution Option," 2008 American Arbitration Association Construction Conference, New York, May 29, 2008
· "What You Can't Not Know," The AAA Construction Mediation Conference, Marina del Rey, California, November 9, 2007
· "AAA Arbitration Roadmap: The Standard for Efficient and Cost-Effective Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, September 20, 2007
· "Large, Complex Construction Disputes: The Dynamics of Multi-Member Mediation Teams," American Arbitration Association Construction Mediation Conference, Miami, Florida, March 30, 2007
· "Developments in International Arbitration in Europe," International Centre for Dispute Resolution, Philadelphia, Pennsylvania, December 6, 2006
· "Best Practices in Construction Arbitration," Allegheny County Bar Association, Pittsburgh, Pennsylvania, December 1, 2006
· "Making the Multi-Party Mediation Work," Spring 2011 American Arbitration Association Construction Conference, Santa Monica, California, April 1, 2011
· "Maximizing Efficiency and Economy in Arbitration: Challenges at the Preliminary Hearing," American Arbitration Association University Arbitrator Training, Pittsburgh, October 13, 2011
· "Enforcement of International Arbitration Awards," International Centre for Dispute Resolution, Washington, D.C., November 15, 2006
· Speaker, "Large, Complex Construction Disputes: The Dynamics of Multi Party Mediation," American Arbitration Association University Webinar, December 8, 2011
· "Arbitration Duties of Disclosure: US, UK, and Continental European Practices," CILS Fourth Biennial Conference on International Arbitration, Salzburg, Austria, June 14-18, 2006
· "A Dialogue with the Leading Arbitral Institutions," Showcase Program, ABA Section of International Law, New York, April 6, 2006
· "Effective Presentation of Delay Claims to Construction Arbitrators," ABA Section of Litigation Joint Meeting, Alternative Dispute Resolution and Construction Litigation Committees, Law Vegas, Nevada, November 10, 2005
· "Update on Construction Arbitration Developments," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, November 1, 2005
· "Advanced Issues in Construction Arbitration," 2005 Neutrals Conference, American Arbitration Association, Philadelphia, Pennsylvania, September 16-17, 2005
· "Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution, 2005 Forum on International Arbitration, Philadelphia, Pennsylvania, July 14, 2005
· "Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution Forum on International Arbitration, Pittsburgh, Pennsylvania, July 13, 2005
· "Dispute Resolution in the International Arena," American Corporate Counsel Association, Pittsburgh, Pennsylvania, April 21, 2005
· "Best Practices in Complex Construction Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 18, 2004
· "Arbitrator Ethics and Disclosure Requirements," American Arbitration Association, Pittsburgh, Pennsylvania, November 11, 2004
· "Building ADR for the Better," 2nd Annual National Forum on the Construction Industry, Orlando, Florida, November 4, 2004
· "Designing Your Remedy: Maximizing the Effectiveness of an Arbitration Clause," American Arbitration Association, Pittsburgh, Pennsylvania, October 28, 2004
· "Advanced Concepts in Construction Delay & Disruption Disputes," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, July 28, 2004
· "Managing Information Exchange to Expedite International Commercial Arbitration Hearings," CILS Third Biennial Conference on International Commercial Arbitration and ADR, Salzburg, Austria, June 10-13, 2004
· "Expert Advice for the Expert Witness in Construction ADR," American Arbitration Association, Pittsburgh, Pennsylvania, December 5, 2003
· "Arbitration Advocacy for Attorneys: A Guide to Case Preparation & Presentation in Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 6, 2003
· "U.S. Perspectives on International Dispute Resolution," International Centre for Dispute Resolution Forum on Arbitration of International Commercial Disputes, Pittsburgh, Pennsylvania, December 12, 2002
· "Pennsylvania Mechanics' Lien, Payment and Surety Bond Law," Lorman Educational Services, Pittsburgh, Pennsylvania, March 1, 2002
· "Corporate E-Mail: Addressing Risk Reduction and Electronic Record Retention Issues," Lorman Educational Services, Pittsburgh, Pennsylvania, December 6, 2001
· "ADR in the Construction Industry," Lorman Educational Services, East Brunswick, New Jersey, July 27, 2000
Fellow: College of Commercial Arbitrators.