Philip L. Bruner, Esq. is one of the world’s leading full-time arbitrators, mediators, and resolvers of construction, engineering, and infrastructure claims and disputes arising in the United States and globally. He is a distinguished member of the panels of neutrals of both JAMS and JAMS International, and is the director of JAMS Global Engineering and Construction Group. For more than 25 years prior to joining JAMS, he was a member of panels of arbitrators of other dispute resolution organizations.
ADR Experience and Qualifications
As a practicing lawyer for over 40 years prior to becoming a full-time neutral, Mr. Bruner concentrated on construction, engineering, energy and infrastructure litigation and was lead counsel in over 100 arbitrations and litigated cases venued in over 30 states. He also mediated or participated in mediation of numerous cases. Represented parties included the spectrum of construction industry participants: public and private owners, contractors, subcontractors, specialty contractors, architects, engineers (civil, structural, mechanical, electrical, geotechnical, hydrological), sureties, insurers, material manufacturers, material suppliers, equipment suppliers, construction lenders, and construction accountants.
As a neutral Mr. Bruner's experience includes numerous complex disputes and claims arising out of U.S. and international construction, engineering, energy, infrastructure and other disputes aggregating many hundreds of millions of dollars and arising out of a wide variety of public and private projects.
As an arbitrator, Mr. Bruner has chaired or served on numerous U.S. and International arbitration tribunals. Representative Tribunals include:
- Natural Gas Processing Facility, Canada. Tribunal Chair and Arbitrator appointed by international parties under UNCITRAL Rules to decide claims aggregating C$250,000,000 arising out of the design and construction of a C$1.2 billion natural gas processing plant.
- Solar Energy Farm, California. Tribunal President and Arbitrator appointed by the International Chamber of Commerce (ICC) under ICC Rules to decide claims between international parties arising out of construction of a $360 million solar energy farm.
- Gold and Silver Mine, South America. Tribunal Chair and Arbitrator appointed under UNCITRAL Rules to decide claims aggregating over US$330,000,000 asserted by multiple parties arising out of the engineering, procurement and construction of a US$8.5 billion bi-national gold and silver mine and related facilities.
- Power Plant, Bulgaria. Arbitrator appointed by the International Chamber of Commerce (ICC) under ICC rules to decide claims between international parties arising out of an EPC power plant project.
- Wind Energy Farm, North Dakota. Sole Arbitrator appointed by the parties under JAMS Engineering and Construction Rules to decide claims arising out of construction of an electrical generation wind farm.
- Manufacturing plant, North Carolina. Tribunal Chair and Arbitrator of claims under AAA Rules between an owner and contractor arising out of the termination of a $50,000,000 construction contract.
- Concessions Subcontracts, Iraq. Tribunal Chair and Arbitrator appointed by international parties under LCIA Rules to decide claims arising out of services provided to a U.S. construction contractor under concessions subcontracts during the Iraq War.
- Condominium Conversion, New York City. Sole Arbitrator appointed by multiple parties under AAA Rules to decide claims aggregating $125,000,000 arising out of conversion of a warehouse into luxury condominiums.
- Regional Justice Center, Nevada. Arbitrator appointed by the parties under AAA Rules of claims to decide claims aggregating $130,000,000 asserted by a public owner, contractor and subcontractor arising out of workmanship and delay disputes that led to contract termination.
- Power Plant, Pakistan. Arbitrator of international claims under UNCITRAL Rules between a Pakistani/US owner and an Italian EPC contractor building a $360,000,000 combined cycle power plant in Pakistan's tribal area.
- Transmission Line Project, Texas. Tribunal Chair and arbitrator appointed by the AAA/ICDR to decide claims between international parties arising out of the construction of a $570 million, 400 mile 345 KV electrical transmission line.
- Power Authority Projects, New York. Sole Arbitrator appointed under JAMS Rules to decide disputes arising on three public projects.
- Construction Services, Afghanistan. Tribunal Chair and Arbitrator appointed by international parties under ICDR rules to decide claims arising out of contracts for construction of barracks and other facilities in Afghanistan.
- Power Plant Conversion, Pennsylvania. Tribunal Chair and Arbitrator appointed by the parties under JAMS Rules to decide claims alleging delays in completion of a $110,000,000 power plant project for conversion from coal to natural gas.
- Commercial Building, Bahamas. Tribunal Chair and Arbitrator appointed by international parties under UNCITRAL Rules to decide claims arising out of the construction of a large commercial building.
- Hotel, Barbados. Tribunal Chair and Arbitrator appointed by international parties under UNCITRAL Rules to decide claims arising out of the construction of a luxury hotel.
- Power Plant, Missouri. Sole Arbitrator appointed by the parties under AAA Rules to decide contractual liability and insurance issues between a power company and a contractor arising out of the tipping of a massive crawler crane.
- Surety Disputes, Texas. Sole arbitrator appointed by two sureties to decide disputes over their respective performance bond rights and obligations arising out of the contractual defaults of their respective bonded contractor and bonded subcontractor principals on a state highway project.
- Hydroelectric Dispute Review Board, Iowa. Member of a Dispute Review Board to review disputes on a $400 million hydroelectric project being built into an existing dam.
- Interstate Highway Dispute Review Board, Minnesota. Chair of DRB established by a state Department of Transportation to hear and decide disputes arising out of a $250,000,000 interstate highway project.
- Commercial Multi-Structure Roofing, New Jersey. Appellate Tribunal Chair and Appellate Arbitrator appointed by the parties under JAMS Optional Appellate Arbitration Rules (exercising jurisdiction of a U.S. Court of Appeals) to decide an appeal from an arbitration award rendered by a non-JAMS arbitrator.
- U.S. Government Facility, Utah. Arbitrator appointed by multiple parties under AAA Rules to decide claims arising out of the construction of electrical and other systems in a federal project.
- Merchant Power Plant, Upstate New York. Arbitrator appointed by the parties under AAA Rules to decide claims aggregating nine figures between an owner, EPC contractor and turbine manufacturer arising out of a $500,000,000 combined cycle merchant power plant.
- Ethanol Plant, Ohio. Arbitrator appointed by parties to decide claims between an owner and EPC contractor arising out of a $75,000,000 contract to build a 50 million gallon per year ethanol plant.
- Manufacturing Plant Damage, Illinois. Arbitrator appointed by parties to decide disputes involving manufacturing plant damage exceeding $40,000,000 arising out of a power failure.
As a mediator, Mr. Bruner has successfully mediated settlements of large and complex multi-party infrastructure, energy, engineering, construction and other disputes among as many as 20 parties. Representative disputes in which he has been engaged as mediator include:
- Court House and Jail, New York City. Mediator selected with U.S. District Court approval by over 20 parties to mediate settlements of activity-related and time-related claims aggregating $250,000,000 arising out of the construction of a new court house and jail facility in New York City.
- U.S. Government Facility, Tennessee. Mediator selected by six parties under U.S. District Court order to mediate resolution of claims aggregating $60,000,000 arising out of construction of a government facility at Oak Ridge, Tennessee.
- National September 11 Memorial and Museum, New York City. Mediator of disputes between a contractor and a subcontractor and its surety over completion issues.
- European Corporate headquarters, Switzerland. When a multi-million corporate headquarters project for a U.S. Fortune 100 company came to a standstill because of disputes between the owner, Swiss architect/engineer and British construction manager, Mr. Bruner was retained to analyze and sort out the problems, consult with the owner's consultants and executives, mediate disputes and get the project back on track. The project was completed on schedule.
- Wind Energy Project, Illinois. Mediator of disputes between the owner and contractor over construction of a wind energy farm.
- Air Base, Iraq. Mediator of claims between US and Iraqi parties arising out of construction of upgrades to 11 buildings on an Iraqi Air Base.
- Automobile Transmission Plant, Indiana. Mediator of claims aggregating $35,000,000 arising out of plant construction issues.
- Municipal Sewerage Force Main, Wisconsin. Mediator selected by five parties and five insurers to mediate disputes arising out of the design and construction of a lengthy industrial force main.
- Department Store, New York City. Mediator of disputes aggregating $50,000,000 arising out of the build-out of a flagship department store in Manhattan.
- Maximum Security Prison, Iowa. Mediator of contract change disputes between the state and contractor arising out of construction of a new prison.
- Power Plants, New Jersey and Connecticut. Mediator of disputes between an owner and design-build contractor aggregating $14,000,000 regarding reduction systems.
- Steel Fabrication Mill, Pennsylvania. Mediator of multi-party disputes arising out of design and construction of a steel fabrication mill.
- Sanitary Sewer Pipeline, Disney World, Florida. Mediator of disputes between an owner, contractor, pipe manufacturer and their insurers over the failure of aluminized pipe at an amusement park.
- Pier and Underwater Piling Work, New York's Hudson River. Mediator of claims aggregating eight figures between a public owner, construction manager and surety arising out of a $25,000,000 contract for the construction of a pier and supporting pilings in the Hudson River to accommodate cruise liner docking in New York City.
- State Water Pipeline, North Dakota. Mediator of claims for differing site conditions and delays between a public owner, contractor and subcontractor arising out of construction of a major water pipeline for the state of North Dakota.
- NBA Basketball Arena, New York City. Mediator of disputes between contractor and design professional arising out of work in constructing the home of the NBA Nets basketball team in Brooklyn,
- Military Facilities Renovation, Oklahoma. Mediator of claims aggregating $8,000,000 for disruption, acceleration and delay between a contractor and subcontractor regarding military facilities renovation work.
- Public Hospital Addition, New York City. Mediator of claims aggregating $30,000,000 for acceleration, disruption and delay among a public owner, contractor and performance bond surety arising out of construction of a public hospital addition in New York City.
- Steel Fabrication Plant Renovations, Colorado. Mediator of claims aggregating eight figures between an owner, contractor and eight subcontractors and suppliers arising out of delayed completion of steel fabrication plant renovations.
- Luxury High Rise Condominiums, New York City. Mediator of disputes between owners, contractors and manufacturers over curtain wall issues.
- Surety Salvage Disputes, Massachusetts. Mediator of disputes involving the rights of two competing sureties to salvage recoveries from indemnitors of performance and payment bonds issued by each surety on behalf of the same defaulting contractor.