Listed in Mid-South Super Lawyers, "Rising Stars," Construction Litigation, 2018-2020
Listed in Mid-South Super Lawyers, "Rising Stars," Construction Litigation, 2018-2020 Orlando VA Medical Center - Represented general contractor in connection with contract administration matters, claims and litigation arising out of the construction of the new Orlando VA Medical Center. The facility included two million square feet of ambulatory care, medical clinic, hospital, atrium and mechanical space, with an original contract value of approximately $260 million. We advised our client in regard to numerous hostile actions taken by the owner, and we successfully prosecuted multiple claims, resulting in non-monetary discovery sanctions against the government and the recovery of nearly $215 million in damages, 970 calendar days of compensable time extensions, and relief from liquidated damages and withholdings. The construction project and claims garnered substantial media and congressional attention involving multiple hearings before Congress in which representatives from the client and the Department of Veterans Affairs provided testimony. (Brasfield & Gorrie vs. United States Department of Veterans Affairs; CBCA Nos. 3300, 3354, 3538, 3849, 4619, 4778, 4808 and 4809; June and July, 2015) International Arbitration in Asia - Represented defense contractor in ICDR arbitration regarding the design and construction of a radar facility. Subcontractor asserted almost one-hundred million dollars in claims against client for changes, delays, and other impacts. After three weeks of hearings, arbitration tribunal issued substantial defense verdict for client defense contractor. Domestic Arbitration in Alabama - Represented general contractor in dispute with manufacturing facility owner regarding installation of equipment into owner’s manufacturing facility. At issue in weeklong hearing in Illinois was over $4 million in damages claimed by the facility owner, including significant lost profits and consequential damages. Result of dispute was rejection of all but one of owner’s damages claims. International Arbitration in Mexico - Represented general contractor consortium as claimant in ICC arbitration against owner regarding construction of Liquefied Petroleum Gas (LPG) pipeline in Mexico. Contractor had multi-million dollar claims; owner had multi-million dollar counterclaims. After two weeks of hearings in Mexico City, award issued for substantial net recovery by contractor. Domestic Arbitration in Kentucky - Represented general contractor in AAA arbitration regarding the construction of a building on a military installation. At issue was over $3 million in claims by subcontractor and backcharges by the general contractor. Result of dispute was complete rejection of all of subcontractor’s claims for extra work. Dispute before Alabama Building Commission - Represented general contractor in dispute with subcontractor regarding additions and renovations to an existing high school. Result of dispute was complete rejection of subcontractor’s claims by the Alabama Building Commission. Contract Negotiation and Drafting Experience - Luke has represented numerous clients in negotiations with owners, general contractors, and subcontractors regarding applicable contract language. Recently, he assisted a large defense contractor client in developing an entirely new suite of subcontract documents for projects involving construction. Other Representative Experience - Luke has also represented numerous clients where the parties were able to resolve the dispute prior to completion of dispute resolution, including, for example: Represented general contractor in dispute with public works owner regarding changes and delays in the construction of a water treatment plant in Alabama. Represented general contractor in dispute with drywall subcontractor regarding changes and delays on construction of barracks complex for United State Army in Georgia Represented general contractor in dispute with automobile manufacturer owner regarding alleged defects in construction of facility in Alabama Represented general contractor in dispute with power plant owner regarding changes and delay in construction of power plant in Texas Represented concrete subcontractor in dispute with general contractor regarding delayed completion of rail facility Represented general contractor road builder in dispute with subcontractor regarding alleged change
