Construction
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.
Representative Matters
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 $300,000,000 arising out of the design and construction of a 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 multi-million dollar claims arising out of construction of a $360 million solar energy farm.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Wastewater Treatment Plant, Pennsylvania. Tribunal Chair and Arbitrator appointed by the parties under JAMS Rules to decide claims arising out of the design and construction of a municipal wastewater treatment plant.
- 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.
- 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.
- Power Plant, Wisconsin. Tribunal Chair and Arbitrator appointed by the parties under JAMS Rules to decide claims arising out of the construction of a large combined cycle power 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.
- U.S. Government Center, Utah. Arbitrator appointed by multiple parties under AAA Rules to decide claims arising out of the construction of electrical systems in a large federal project.
- 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.
- Power Plant, Mississippi. Arbitrator of owner and contractor delay and disruption claims arising out of performance of a coal-fired power plant construction contract.
- Commercial Building and Infrastructure, Indiana. Sole Arbitrator of construction defects and delay in completion arising out of the construction of a large commercial building and parking lot.
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 $300,000,000 arising out of 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.
- Automobile Transmission Plant, Indiana. Mediator of claims aggregating $35,000,000 arising out of plant construction issues.
- 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.
- 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.
- Public School Construction, New York City. Mediator of quality of work and extra work disputes between a public owner, contractor and twelve subcontractors arising out of construction of a new public school.
- Property and Professional Liability Insurance, Michigan. Mediator of disputes between law firms and property and professional liability insurers regarding the handling of claims settlements arising out a construction project in Michigan.
- Refrigerated Warehouse Project, Pennsylvania. Mediator of multi-party disputes relating to alleged delay and workmanship issues in completion of a massive refrigerated warehouse.
- Commercial Building Flood Damage, Illinois. Mediator of disputes arising out of flooding of a commercial building due to alleged storm sewer damage on a nearby construction site.
- Highway Bridges, Utah. Mediator of claims asserted by subcontractor against the contractor and owner regarding piling work.
- College Dormitory Construction, New York. Mediator of claims between a contractor, owner and surety for extra work.
- Housing Subdivision Completion, Illinois. Mediator of disputes between a municipality, sureties of defaulted principal and subsequent purchaser over obligations to complete common areas.
- Caisson Structure Construction, Michigan. Mediator of disputes between a municipality, contractor and subcontractor regarding placement of a caisson structure for storm water ponding.
- Library Project Remediation, New York City. Mediator of defective work and warranty claims arising on a public library renovation project.
