David Meredith

Overview

David Meredith’s practice is focused on complex construction disputes, representing owners, contractors, subcontractors, and material and equipment suppliers, in numerous federal and state court lawsuits, arbitrations and mediations throughout the United States. He regularly handles matters involving delay, acceleration, loss of productivity, differing site conditions, defective work, default, termination, mechanics liens, and payment and performance bond claims. David’s practice experience spans numerous industry sectors, including transportation infrastructure, water treatment facilities, chemical and industrial manufacturing facilities, and oil and gas.

Representative Matters

• Counsel for design-build contractor in disputes arising from $3.1 billion tunnel in Seattle designed to replace the downtown Alaskan Way Viaduct after it was damaged in a 2001 earthquake. The “Bertha” tunnel-boring machine (“TBM”) used to mine the tunnel sustained physical damage far beneath the surface, and a recovery shaft was drilled so that it could be repaired. Represented design-build contractor in liability action with the Washington State Department of Transportation regarding differing site condition based on presence of steel pipe encountered by TBM in tunnel alignment and in separate insurance coverage action against insurers that issued builder’s all-risk policy.
• Counsel for owner of $60 million bleach manufacturing facility in actions across multiple jurisdictions arising from breach of fixed-price engineering, procurement and construction (“EPC”) contract. Successfully defended all subcontractor and contractor claims, obtained multi-million dollar settlement from EPC contractor’s professional liability carrier, and obtained multi-million dollar consent judgment against procurement contractor based on claims of fraud.
• Counsel for historic tax credit lender in AAA arbitration involving the renovation and preservation of a certified historic building for residential use. Obtained favorable settlement from the designer’s professional liability carrier.
• Counsel for subcontractor in breach of contract action in U.S. District Court for the Western District of Pennsylvania against general contractor for failure to pay amounts owed for renovation of three hotels located throughout Pennsylvania. Obtained six-figure settlement for full amount sought against general contractor.
• Counsel for oil and gas company in disputes arising from construction of cathodic protection well in Lycoming County, Pennsylvania. Successfully defended all contractor and subcontractor claims asserted without payment of any amount.
• Counsel for retailer in breach of contract action against general contractor in Court of Common Pleas of Butler County arising from failure to complete renovation of retail store despite payment in full. Obtained default judgment against general contractor for entire amount sought plus attorneys’ fees based on repeated discovery violations. Collected judgment in full pending general contractor’s appeal of default judgment to the Superior Court of Pennsylvania. Successfully negotiated favorable settlement to resolve all disputes while appeal was pending.