Heather Heindel focuses her practice on construction and infrastructure projects, construction litigation, alternative dispute resolution, government contracting and all methods of procurement, including public-private partnerships, design-build, CM at risk, EPC and traditional design-bid-build. Ms. Heindel represents owners, contractors, subcontractors and equipment suppliers in a variety of construction related disputes. Ms. Heindel represents a variety of domestic and international clients in the following industries: oil and gas, power (coal, clean energies, solar and wind technologies), rail, transportation, water and wastewater, and construction supplies.
Ms. Heindel's unique experience as an engineer coupled with her litigation and front-end contract and procurement experience provides added value to the firm's clients. Ms. Heindel represents clients in GAO bid protests, federal and state courts, dispute review board proceedings, arbitrations and mediations.
Ms. Heindel contributes to numerous industry publications, including the New York Law Journal and Aspen Construction Updates. Ms. Heindel supports the firm's commitment to pro bono representation devoting legal services to low-income clients and small non-profits. She also is active in the community, volunteering her time with United Way and Georgia State University College of Law.
Professional & Community Activities
Freedom Writers, Volunteer
Marquette University Career Alumni Network, Volunteer
United Way Community Investment Volunteer
Georgia State University, College of Law Mentor
Industries
Construction & Infrastructure; Oil & Gas-Petrochemicals; Transportation; Water & Wastewater; Energy, Utilities & Power Systems; Clean Technology
Experience
Construction litigation for transportation company, Represent the public owner on the largest construction project undertaken in the United States. We have been working with the owner's team, including local counsel, for the past four years defending major contractor claims involving differing site conditions, impacts and inefficiencies associated with excavation work and other alleged delays and changes. In the same manner as FIDIC-format construction documents provide, all project disputes are presented to a disputes review board (DRB). Our extensive DRB experience preparing, evaluating, presenting and defending claims has been particularly beneficial to the public owner.
Airport storage fee litigation for the City of Atlanta, Served as lead counsel for the City of Atlanta in an airport equipment storage fee dispute with a contractor that included significant contractual and constitutional claims. The matter was settled favorably for the City of Atlanta after extensive discovery and summary judgment rulings favorable to the City.
Contract dispute for mechanical subcontractor specializing in industrial piping fabrication and erection, Represent a mechanical subcontractor specializing in industrial piping fabrication and erection against a multinational General Works Contractor (GWC) and a global upstream Engineer-Procure-Construct (EPC) contractor on claims for changed work, acceleration and wrongful termination of contract arising from the construction of a $1.2 billion, 790 MW coal-fired unit within an existing power plant. Successfully obtained a declaration from the arbitration panel in this case that the mechanical subcontractor's purported termination for default was improper and without cause. Defeated all $55 million worth of counterclaims asserted by the GWC and EPC contractors against the mechanical subcontractor in the arbitration. Obtained an award against the general and EPC contractors in an amount equaling 95 percent of the mechanical subcontractor's damages sought in the arbitration, plus amounts for pre-award interest, attorneys' fees, costs and expenses. Judicial confirmation of arbitration award pending.
State-by-state contractor licensing and contract requirements for a home improvement company, Represented a home improvement company on state-by-state contractor licensing and contract requirements. The home improvement company uses service providers for construction and installation of consumer products in residences. The project included revised standard contracts and advice on contractor licensing requirements.
Port of Miami Tunnel project for Florida construction company, Represent a Florida construction company, specializing in contracting and construction management services, in their proposal on the Port of Miami Tunnel Project. This project involves a 30-year concession pursuant to which the concessionaire will design, build, operate, maintain and finance two parallel 3,900 foot tunnels beneath the Port of Miami. We addressed all design and construction issues during the bid process. The engagement involved extensive review and analysis of contract documents proposed by the Florida Department of Transportation and meetings among the team members and with FDOT regarding proposed changes to the legal, commercial, and technical terms.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
17 May 2011, Recent Developments in Design-Build
Source: Construction Law Update 2011, Other Publications
01 January 2010, Southeast Region: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia
Source: Construction Law Update 2010, Other Publications
01 October 2007, High Court Declines to Address Arbitrator Bias Standard
Source: New York Law Journal, Articles
News
08 August 2011, Construction Industry's Leading Legal Guide Updated for 2011, News Releases
14 July 2010, Construction Industry's Leading Legal Guide Updated for 2010, News Releases