Roy S. Mitchell, Esq.

T: 202-942-9180
F: 202-942-9186
Construction

Roy S. Mitchell, Esq. has more than 40 years of experience as an attorney and a neutral and is a recognized expert on domestic and international engineering and construction law, U.S. Government and State and Local Contract Law, contract administration, and dispute resolution.

Mr. Mitchell is a retired partner from the international law firm of Morgan, Lewis & Bockius LLP, and served as President and CEO of the Construction Claims Group of Hill International, Inc. for five years. He focuses on mediating and arbitrating complex, multi-million-dollar disputes involving construction, government contracts, and related matters, and frequently serves on arbitration panels and dispute review boards worldwide.

ADR Experience and Qualifications

Construction Experience

  • Domestic, international, and government contracts
  • Engineer, procure, construct (EPC) contracts
  • Project finance infrastructure projects
  • Power Facilities: fossil, hydroelectric, nuclear, wind, single cycle, and co-generation
  • Petrochemical and Related Oil and Gas Facilities: refineries, offshore oil platforms, pipelines
  • Water Facilities: desalination, sewage, and water treatment plants
  • Heavy Civil and Underground Contracts: tunnels, roads, bridges, dams, airfields, subways, and high speed railroads
  • Military: missile bases, NASA projects, aircraft, and ship building
  • Specialty: piping, mechanical, and electrical contracts
  • Building: commercial, hospital, courthouse, jail, and mixed-use developments
  • U.S. Government Contracts: Army, Navy, Air Force, Coast Guard, Federal Aviation Administration (FAA), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), Overseas Building Operations (OSO), United States Agency for International Development (USAID), Voice of America (VOA), Department of Energy (DOE), Department of Transportation (DOT), and Department of Interior (DOI)

Representative Matters

  • Power Plants: Have represented both Contractors and Owners in negotiation, arbitration or litigation on a variety of power plants located in Eastern and Western United States and overseas involving geotechnical, schedule, and cost testimony on contracts ranging from $100 million to $2 billion 
  • Served as member of Arbitration Panel on $20 million Contractor claims and $15 million Owner counter claims on $100 million gas fired turbine peaking plant in Eastern United States
  • Refineries: Have represented both Contractors and Owners in negotiation, mediation or arbitration on a variety of refineries in Eastern, Western, and Southern United States and overseas on contracts ranging from $50-300 million
  • Industrial/Mechanical/Electrical/Specialty Contracts: Have represented both Contractors and Owners on a variety of industrial, mechanical, electrical, and specialty contracts in negotiation, arbitration or litigation throughout the United States and overseas
  • Served as member of Arbitration Panel on $9 million EPC Contractor claims and $20 million Owner counter claims on $75 million ethanol plant in Midwest United States
  • Served as Mediator on $10 million Contractor claims and $5 million Owner counter claims on major sewage treatment plant in Eastern United States
  • Building Contracts: Have represented Contractors and Owners in negotiation, arbitration or litigation of a variety of commercial, hospital, jail, and mixed use developments in the United States and overseas on contracts ranging from $2-30 million
  • Served on Court appointed Mediation Panel on a major mixed use project in Central United States
  • Served as Sole Arbitrator on a historical renovation project in Eastern United States
  • Served as Sole Mediator (and later Sole Arbitrator on two unresolved issues) on a major condominium project in Eastern United States
  • Served as Mediator on major hotel renovation project in Eastern United States
  • Insurance Coverage Contract: Served as member of Arbitration Panel in large political risk claim by US contractor against Overseas Private Investment Corporation (OPIC) regarding South American owner of bauxite mine being developed
  • Subway and High-Speed Rail Projects: Have represented Contractors in negotiation, mediation, arbitration, or litigation on multiple subway projects in Eastern United States and overseas on projects ranging from $12 million to $7 billion
  • Served as Dispute Review Board member on Contractor $1 million against government Owner on $5 million contract in Eastern United States
  • US Underground Infrastructure Project: Represented US contractor joint venture asserting multi-million dollar claims and defending other issues on USD 2.5 billion underground infrastructure project in Eastern United States
  • Investment Disputes: Served as Chairman of Arbitration Panel involving substantial stock investment disputes in United States

Honors, Memberships, and Professional Activities

  • Recipient of Marquis Who's Who Lifetime Achievement Award
  • Fellow, UK Chartered Institute of Arbitrators
  • Member, International Bar Association North American Regional Forum
  • Member, London Court of  International Arbitration North American Users Council
  • Member, American Society of International Law
  • Recipient of American Bar Association Forum on Construction Law Lifetime Achievement Cornerstone Award
  • Listed in 2nd edition of Marquis’ Who’s Who in American Law; 2nd edition of Who’s Who in Finance and Industry; 5th edition of Who’s Who in the South and Southwest; 50th edition of Who’s Who in America; 1995 International Who’s Who of Professionals; Oxford Press’ 3rd international edition of Men of Achievement; American Biographical Institute’s 8th edition of Personalities of the South; and Community Leaders of Virginia
  • Fellow, College of Commercial Arbitrators
  • Fellow, American College of Construction Lawyers
  • Fellow and Former National Chairman, American Bar Association Public Contract Law Section
  • Director, Procurement Round Table
  • Former Faculty Member, Stanford and Texas A&M Universities Construction Executive Programs
  • Former Member, American Arbitration Association Commercial and Construction Arbitration Panels
  • Member, JAMS Global Engineering and Construction Group
  • Former Member, NASD Arbitration Panel
  • Member, American Bar Association, Public Contract Law Section
  • Former Chairman, Bids and Protests Committee of Public Contract Law Section
  • Former Chairman, Committee on Environmental and Ecology Law, PCL Section
  • Former Chairman, Committee on Current Federal Procurement, Regulations and Forms
  • Member, American Bar Association, Dispute Resolution Section
  • Member, District of Columbia and Virginia and International Bar Associations
  • Has written and published more than 300 articles and seminars on international and domestic construction contracts; construction contract administration; arbitration and mediation rules and techniques; negotiation; construction, government contracts, and engineering law. Representative samples include:
    • Must Arbitrators Follow The Law?, JAMS Global Construction Solutions
    • Barriers to Settlement in Construction Mediation, JAMS GEC Bi-Annual Meeting
    • Identifying the Best ADR Methods for Global Construction Disputes, JAMS Global Construction Solutions
    • Cultural Sensitivities in International Construction Arbitration, JAMS Global Construction Solutions
    • Handbook of Construction Law and Claims, Reston Publishing Co., 1982, 1989
    • Oil & Gas Construction Contracts and Claims, George Washington University and Center for Management Development and Training, Inc.
    • Construction Contracting with the U.S. Government, Center for Management Development and Training, Inc.
    • Contract Breaches and Disputes, Concentrated Course in Construction Contracts, Federal Publications Seminars, LLC
    • Innovations in Evidence Presentations in Construction Arbitration, ABA Section on Dispute Resolution
    • Preventing and Defending Claims, Federal Publications, Inc.
    • Bidding, Bonding and Specifications, University of Denver and Federal Publications, Inc.
    • International Arbitration Workshop, Center for Management Development and Training, Inc. and The World Trade Center
    • Privatization Contracts, First Egyptian International Congress on Law of Contracts
    • International Construction Program Management and Contract Claims, Center for Advanced Management Programs and George Washington University
    • How To Stop Unexpected Construction Claims, Center for Management Development and Training, Inc.
    • United States Government Contracts and Subcontracts, Lion Worldwide, Ltd.
    • How State and Local Governments Avoid Claims, Center For Management Development and Training, Inc.
    • International Construction Claims Workshop, Program Management Engineering Systems and The World Trade Center
    • How to Win Claims on United States Government Contracts, Lion Worldwide, Ltd.
    • U.S. Government Claims Workshop, Center For Management Development and Training, Inc.
    • Effective Use of Technical Experts, 2nd Annual Virginia Bar Construction and Public Contracts Law Seminar
    • Contractor Performance and Risk Allocation, Masters Institute in Construction Contracting, Federal Publications Seminars LLC
    • Contributor, Construction Subcontracting: A Legal Guide for Industry Professionals, John Wiley & Sons, 1991
    • How to Win International Construction Arbitration, George Mason University and Center for Management Development and Training, Inc.
    • Construction Law, Executive Leadership Course, Construction Industry Institute
    • How to Recognize and Price Construction Claims, Project Management Integration Systems and Center for Management Development and Training, Inc.
    • Construction Contracting Under The New FIDIC Terms
    • Project Management Integrated Systems and Center for Management and Training, Inc.
    • Reducing and Resolving Construction Claims, Lion International, Inc.
    • Pricing Construction Claims, Crown Eagle Communications, Ltd.
    • International Arbitration Workshop, Program Management Integration Systems and the World Trade Center
    • Construction Claims Workshop, World Trade Center
  • Member, The Construction Group Advisory Board, Construction Contracts Law Report

Background and Education

  • Chairman, Center for Management Development and Training, Inc., 2004-present
  • President & CEO, Construction Claims Group, Hill International, 1999-2004
  • Senior Partner, Morgan Lewis & Bockius, LLP, 1987-1999
  • Founder and Senior Partner, Lewis Mitchell & Moore, 1967-1987
  • J.D., with honors, George Washington University Law School
  • B.S., Cornell University, College of Industrial and Labor Relations

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Mitchell_Roy_Construction_1046