Randy Hafer , Esq.

Significant experience handling energy/ power, underground/tunnel, wastewater, transportation, industrial and other infrastructure projects:

• As an advocate, represented one of the nation’s largest electric utility companies in California in mediation and a JAMS-administered arbitration involving disputes with the utility’s EPC contractor on an electricity transmission project.
• As an advocate, represented one of the nation’s largest electric utility companies in California in disputes and a party-administered arbitration arising from the $4.5 billion decommissioning of the San Onofre Nuclear Generating Station (SONGS)
• As an advocate, represented an international EPC consortium in ICC arbitration and mediation involving more than $400 million in claims by the owner related to the Rio Esti hydro-electric power project in Panama
• As an advocate, represented a Danish-led EPC consortium in ICC arbitration and mediation involving approximately $180 million in claims by the owner arising from the Changuinola hydro-electric project in Panama
• As an advocate, represented international engineering and construction participants in disputes involving wind energy projects in the United States, including arbitration proceedings
• Serves on the Dispute Adjudication Board (DAB) for the Vineyard Wind 1 wind energy project off the coast of Massachusetts
• As an advocate, represented the design-build-operate-maintain contractor in a substantial AAA arbitration against its civil subcontractor arising from the $2 billion Tren Urbano mass transit project in Puerto Rico
• As an advocate, represented one of the world’s largest rail transportation OEMs in a AAA arbitration involving the long-term maintenance of 400 locomotives
• As an advocate, served as Special Assistant Attorney General representing a state department of transportation in litigation, arbitration, mediation and DRB proceedings arising from the Central Artery/Tunnel Project (the “Big Dig”), involving complex claims for differing site conditions, delay, inefficiency and design issues
• As an advocate, assisted a state department of transportation in resolving claims arising from the $9.5 billion Purple Line public-private partnership (P3) transportation project
• As an advocate, represented a state port authority in disputes involving elevated roadway construction on the Logan Airport Modernization Project
• As an advocate, assisted public owners with drafting DRB provisions, risk allocation provisions and dispute resolution procedures for major tunnel, wastewater and transportation projects, including projects for the Narragansett Bay Commission, Cobb County Water System and Hartford Metropolitan District Commission
• As an advocate, represented a water/wastewater authority in resolving claims and disputes exceeding $200 million on the Boston Harbor Project through DRB proceedings and litigation
• Serves on the Technical Dispute Resolution Board (TDRB) for a flood water diversion project in Fargo, North Dakota being executed under a public-private partnership (P3) arrangement
• As an advocate, advised owners and contractors on differing site condition claims, tunneling disputes and underground construction issues on major water and wastewater infrastructure projects
• Served on the Dispute Resolution Board (DRB) for the Southern Nevada Water Authority Lake Mead Low Level Pumping Station and Aqueducts Projects

• As an advocate, worked with project participants on dispute avoidance, contract administration and real-time dispute resolution for complex infrastructure and industrial construction projects
• As an advocate, represented the U.S. and Israeli owner/developers in a complex, multiparty AAA arbitration involving scope and design disputes with the contractor on construction of a luxury condominium project in Las Vegas

• As an advocate, represented the owner of a utility-scale solar power project in Nevada in an ICC arbitration involving more than $1 billion in disputes with the EPC contractor
• As an advocate, represented a German-based EPC contractor in separate AAA and ICDR arbitrations involving cement plant projects in Texas and Quebec
• As an advocate, represented a worldwide supplier of plants, equipment and services for hydropower stations and for the pulp and paper industry in disputes and in two separate ICC arbitrations arising from a $2 billion project in Uruguay

• Serves on the arbitration panel in disputes arising from the Oakland County Michigan Water Resources Commission sanitary sewage storage tunnel project involving alleged design errors, dewatering claims and construction-related damages, and insurance issues exceeding $20 million
• As an advocate, represented a major municipal water authority in complex multi-party mediation and litigation involving construction, design and insurance issues arising out of the failure of an influent lift station at one of the authority’s waste-water treatment facilities.