John C. Theiss

John represents public and private owners, contractors, engineers, architects, and construction managers on complex construction projects and other government contracts. Most of his 17 years of experience includes work on federal and state public infrastructure construction contracts from multiple perspectives, including serving as Vice President of Administration and General Counsel for a large public works contractor in New York City. John’s practice focuses on resolving claims through negotiation, mediation, arbitration, and litigation. Part of his practice includes transactions; he counsels parties through the financing, bidding, procurement, administration, and closing of construction projects.

John has considerable experience dealing with parties and projects located abroad. Just within the last few years, these projects or parties included those located in South America, Japan, Philippines, New Zealand, India, Guam, Diego Garcia, Kwajalein, the Marshall Islands, Vietnam, Canada, England, France, Monaco, Qatar, Iraq and Hawaii.

Practice Highlights

Representative disputes

• In 2010, prevailed in New Mexico arbitration defending a multi-national corporation/federal government contractor relating to U.S. Department of Energy design and manufacturing project. Plaintiff, a manufacturer of steel nuclear waste containers and also a multi-national corporation, asserted modified total cost claims against our client which were defeated entirely.
• In 2009, prevailed in all delay and other claims on behalf of federal government takeover contractor versus the performance bond surety in arbitration in Honolulu, Hawaii. The client's claims related to a U.S. Army Corps of Engineers military construction project in Hawaii.
• In 2009, prevailed in all defenses and counterclaims on behalf of an aerospace industry manufacturer in arbitration at the International Dispute Resolution Centre (IDRC) in London, under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. It was administered by the London Court of International Arbitration (LCIA), and subject to New York law. Also applicable were the International Bar Association (IBA) Rules on the Taking of Evidence in International Commercial Arbitration.
• In 2008, completed a three-week arbitration in Los Angeles related to a dispute arising from a design-build agreement under California law. The arbitration focused in part on the opinions of structural engineering experts as to the proper design of large concrete components.
• In 2007, represented design-build contracting firm in an international arbitration under the International Chamber of Commerce (ICC) Rules of Arbitration in Paris. Assisted the client with the detailed claim preparations and prepared the initial Request for Arbitration and nomination. The claim related to the design and construction of a sulfuric acid plant in Peru, South America.
• Defended design-build and other prime contractors, in arbitration and mediation, relating to public and private projects in Washington, California, Hawaii, New Mexico, New York, New Jersey and Florida.
• Defended claims against prime contractor concerning the supply and erection of structural steel for construction of international airport facilities.
• Prepared and successfully negotiated settlement of prime contractor claims for delays and lost labor productivity during structural steel demolition, fabrication and erection activities for a large urban power plant project.
• Defended claims against design-build contractor in state court relating to a $60 million renovation of urban public schools.
• Defended prime contractor against claims in state court by fabricator and supplier of wind fairings for a major urban bridge.
• Prosecuted contractor claims under the Contract Disputes Act relating to U.S. Army Corps of Engineers project.
• Prosecuted contractor claims under the Miller Act in federal court.
• Obtained order of dismissal for engineering firm sued in state court relating to construction project safety issues.
• Defended claims in state court asserted by piping contractor for delays and lost labor productivity.

Representative transactions

• Represented federal government contractors with the U.S. Department of Defense for projects in Guam, Diego Garcia, Kwajalein, Hawaii and Afghanistan.
• Represented prime contractor during the bidding, performance and/or closing of large infrastructure projects, including work on: the Ben Franklin Bridge in Philadelphia, Newark Liberty International Airport, the Bronx-Whitestone Bridge in New York City, the New York City subway system, and the Consolidated Edison East River Power Plant in New York City.
• Represented prime contractor on U.S. Department of Transportation project during design, construction, and program management activities for the $500 million expansion of port facilities. Assisted client with issues concerning the Federal Acquisition Regulations.
• Drafted and negotiated $40 million integrated delivery agreement, one contract among owner contractor and architect.
• Represented prime contractor in a $250 million design and construction of water treatment facilities under a grant from the U.S. Bureau of Reclamation. Drafted custom construction and construction management agreements and incorporated applicable terms and principles of the Indian Self-Determination and Education Assistance Act and the Federal Acquisition Regulations.
• Represented owner during the design and construction activities for a $75 million renovation of a historical landmark in New York City. Drafted custom bid documents and construction contracts. Drafted and negotiated general contractor-construction manager agreement.
• Advised prime contractor for the U.S. Department of the Interior concerning the McNamara-O’Hara Service Contract Act, the Davis-Bacon Act, and U.S. Department of Labor regulations.
• Represented contractor during the fabrication and erection of rail tunnels in New York City, Seattle and Pittsburgh. Drafted contracts and provided advice under applicable federal and state laws.
• Represented contractor during construction of cold-processing plant in Alaska; prepared custom public design-build agreement in compliance with state and federal procurement regulations.