Albert Bates, Jr. focuses his practice on construction litigation and domestic and international arbitration matters. He has extensive litigation and arbitration experience, with an emphasis on the resolution of construction claims, commercial contract matters and other complex technical, environmental and business disputes. He has represented multinational corporations, domestic and international owners, EPC contractors, general contractors, subcontractors, engineers, equipment manufacturers, and lending institutions on a wide variety of construction projects, including power plants, chemical plants, pharmaceutical projects, steel mills, coke and by-product recovery plants, other industrial and manufacturing facilities, mass transit and highway projects, airports, mixed-used facilities, and sports and entertainment venues. In addition to representing clients on various federal and state courts, Mr. Bates has represented clients in arbitrations under the rules of the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, the International Chamber of Commerce, the CPR Institute for Dispute Resolution and in private arbitrations.

Mr. Bates also regularly serves as an arbitrator and mediator. He serves as a neutral for the American Arbitration Association, the International Centre for Dispute Resolution, the CPR Institute, the Construction Dispute Resolution Group for the Allegheny County (Pennsylvania) Bar Association, and on a non-administered basis. Mr. Bates has served as a neutral on more than 125 occasions, including matters with amounts in controversy approaching $100 million.

Mr. Bates serves as a member of the Board of Directors of the American Arbitration Association. Mr. Bates also serves as Chairman of the National Construction Dispute Resolution Committee, a group of representatives from more than thirty prominent constructions industry professional organizations that advise and consult with the American Arbitration Association on conflict management and dispute resolution practices, processes and procedures for the construction industry.

Mr. Bates is included in the 2007 and 2008 editions of The Best Lawyers in America and will be included in the inaugural edition of Best Lawyers International in the specialty of international arbitration and mediation. He also has been recognized as a Pennsylvania Super Lawyer by Philadelphia Magazine since 2004.

Admitted to practice in Pennsylvania and the District of Columbia, Mr. Bates is an active member of the American, International, Pennsylvania and Allegheny County Bar Associations. He is a 1987 graduate of Vanderbilt University School of Law, where he was associate articles editor for the Vanderbilt Journal of Transnational Law, and a graduate of Vanderbilt University, Owen Graduate School of Management (M.B.A., Finance), and Washington & Jefferson College (B.A., cum laude).

Areas Of Practice

Arbitration and Mediation
Construction Litigation
Commercial Litigation
International Arbitration and Dispute Resolution
Professional Liability Litigation
Environmental Litigation

Representative Matters

Construction

Power Plant: Representation of a leading global provider of engineering and construction services in a series of claims arising from engineering, procurement, and construction of a 790 MW coal-fired electric generating facility in Council Bluffs, Iowa.
Power Plant: Representation of a leading global provider of engineering and construction services in a series of disputes arising from the engineering, procurement, and construction of a 310 MW combined-cycle power plant in Burbank California.
Norwegian Naval Vessels: Represented the controls, packaging, and ancillary functions subcontractor in a delay, disruption, and inefficiency claim against the contractor for the propulsion systems for Skjold Class Missile Fast Patrol Boats for the Royal Norwegian Navy.
Highway and Bridge Project: Prosecution of claim for engineering additional fees for Michael Baker Jr., Inc., and defense of breach of contract and engineering negligence action by PennDOT relating to the Market Street Bridge Construction in Williamsport, Pennsylvania.
Sinter Plant: Represented United States Steel Corporation in a breach of contract, breach of warranty, and engineering negligence action involving deficiencies in the design and construction of a sinter plant emissions control system.
Nuclear Remediation: Represented Southern California Edison in defense of claims by its demolition contractor on certain demolition and disposal work at a decommissioned nuclear power facility in California.
Power Plant: Represented the general contractor in two cases arising from the construction of a combined cycle power plant near Reading, Pennsylvania. The representation involved defending the general contractor against claims by its piping and electrical subcontractors, and prosecuting various claims against the Owner.
Pharmaceutical Plant: Represented PPG Industries in a series of arbitration proceedings related to the design and construction of a pharmaceutical intermediate plant in LaPorte, Texas.
Assel Mill: Represented SMS Demag, Inc. and SMS Meer GMBH in two related cases arising from the supply and installation of an assel and stretch reducing mill in Rosenberg, Texas. In addition to other issues, the case involved novel issues of arbitration law.
Universal Studios Florida: Represented Baker Mellon Stuart Construction Inc., the general contractor, in a series of related cases in federal and state court in Florida arising from the construction of the Universal Studios Florida "CitiWalk" Project. The two most significant cases arising from this project involved defense of claims by the structural subcontractor against Baker, and the prosecution of claims against the project architect and engineer.
Steel Mill: Represented Mannesmann Demag et al., the EPC Contractor for the construction of Greenfield steel plant in Davenport, Iowa, against nearly $300 million in claims for breach of contract, breach of warranty, breach of performance guarantees, and lost profits asserted by IPSCO Steel, Inc.
Pennsylvania Capital Addition: Represented the Commonwealth of Pennsylvania in a series of disputes arising from the construction of a $125 million addition to the State Capitol Building.
Steel Mill Dismantling: Represented a dismantling contractor in a $70,000,000 loss of productivity and lost profits claim arising from the owner's alleged actions and/or inactions on ten large dismantling projects throughout the eastern United States.
Mixed Use Complex: Represented an architectural joint venture and its consulting engineers in a multi-million dollar loss of productivity and additional services claim against the owner/developer of a convention center hotel, office, and retail complex in Pittsburgh.
Subway Tunnel: Represented the Port Authority of Allegheny County in a multi-million dollar delay, impact, and differing site condition claim by the general contractor and its tunneling subcontractor on the Mt. Lebanon Tunnel for the Authority's Light Rail Transit System.
Public Transit Authority: Represented the Port Authority of Allegheny County in a number of construction and commercial arbitration matters administered by the American Arbitration Association. Examples include bid protests, delay, impact, differing site conditions, loss of productivity, extra work, and inefficiency claims, error and omission claims, design deficiency claims, and a variety of other types of disputes.

Other Representative Matters

Supply Contract: Representation of U.S. producer of alumina in a breach of contract action against a United Arab Emirates metals trading company and its Indian parent for refusing to accept delivery of the contracted quantities of alumina.
Asset Sale: Representation of Baker Heavy & Highway and its parent, Michael Baker, Inc. in a breach of contract, breach of warranty, and indemnification action arising from the sale of certain assets of Baker Heavy & Highway, Inc.
Asset Sale: Defense of potential purchaser of a collection of business involved in the manufacture, sale, service, and maintenance of sport fishing vessels in North Carolina.
Bankruptcy Matter: Representation of the Official Committee of Unsecured Creditors in connection with the investigation and assessment of the validity and avoidability of certain security interests of the secured lenders, and assessment of potential claims against the directors and officers of the Debtor.
Trade Secrets: Representation of Danieli Corp. and Danieli & C. SpA in a case involving the procurement and construction of two cut-to-length sheet steel lines for a Swedish steel manufacturer. Plaintiff was a disappointed bidder that alleged, among other things, that the Danieli entities misappropriates their trade secrets during the bidding process.
Bankruptcy Matter: Representation of PNC Bank, the secured lender, in an adversary proceedings to recover for deterioration of cash collateral as a result of the failure of Visteon Corporation and Delphi Automotive Systems, LLC, to adequately provide post-petition debtor-in-possession financing to a Tier 2 automotive supplier.
Environmental Cost Recovery: Representation of former owner of a coke and coal chemical by-product recovery and refining plant in an environmental cost recovery action in Birmingham, Alabama.
Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1974 asset purchase agreement.
Insurance Coverage: Representation of North River Insurance Company in a $20,000,000 insurance coverage matter involving whether current owner had any interest in, or is otherwise afforded coverage by, umbrella and excess umbrella policies issues to former owner prior to the divestiture of certain business units when former owner remained in business and sought to apply coverage to other potential losses.
Asset Sale: Representation of Beazer East, Inc., in a $20,000,000 arbitration arising from the leveraged buy-out of the Commercial Roofing Division of Koopers Company, Inc. This arbitration involved whether the purchaser had agreed to assume, and indemnity the seller against certain commercial roofing warranty and product liability claims.
Environmental Cost Recovery: Representation of former owner in an environmental cost recovery action involving a coke and coal by-product recovery and refining plant in Toledo, Ohio.
Asset Sale: Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1978 asset purchase agreement.
Insurance Coverage: Representation of general contractor in an insurance coverage dispute arising under a "wrap-up" insurance policy as a result of the failure of structural members during the construction of the Greater Pittsburgh International Airport.

Professional Activities

American Arbitration Association/International Centre for Dispute Resolution
- Member, Board of Directors
- Chair, National Construction Dispute Resolution Committee
- Panel of Master Construction Arbitrators
- ICDR International Arbitrator
- Construction and Commercial Arbitrator and Mediator
- AAA Arbitration Advocacy Trainer
- AAA Arbitration Ethics and Disclosure Trainer
- Program Faculty at various AAA and ICDR national and regional programs
CPR Institute for Dispute Resolution
- International Arbitrator and Mediator
- Construction Arbitrator
- CPR Construction Advisory Committee
- Drafting Committee, CPR Expedited Construction Rules
- CPR International Arbitration Committee
- CPR Arbitration Rules Revision Committee
London Court of International Arbitration
- North American Users Group
International Bar Association
- Arbitration Committee
- International Construction Projects Committee
American Bar Association
- ABA Construction Litigation Committee Delegate to National Construction Dispute Resolution Committee
- Forum on the Construction Industry
- Litigation Section, Committee on Construction Litigation
- Dispute Resolution Section
- International Law Section
Pennsylvania Bar Association
- Council Member, Civil Litigation Section
- Commercial Arbitration and Mediation Committee
Allegheny County Bar Association
- Treasurer, Construction Law Committee
- ACBA Services Inc. Dispute Resolution Group
- Member, Civil Litigation Section

Admissions

Pennsylvania
District of Columbia
U.S. Supreme Court
U.S. Courts of Appeal for the Third, Fifth, Sixth, Eleventh and District of Columbia Circuits
U.S. Court of Federal Claims
U.S. District Court for the Western District of Pennsylvania

Education

Vanderbilt University Law School, J.D., 1987

Vanderbilt Journal of Transnational Law

Vanderbilt University, Owen Graduate School of Management, M.B.A., Finance, 1987

Washington & Jefferson College, B.A., cum laude, 1983

Experience

Duane Morris LLP
- Partner, 2007-present
Reed Smith LLP
- Partner, 2000-2007
Babst Calland Clements & Zomnir, P.C.
- Associate, 1993-1994
- Shareholder, 1995-2000
Eckert Seaman Cherin & Mellott, LLC
- Associate, 1987-1993

Honors and Awards

The Best Lawyers in America 2007 & 2008 - Construction Law
Best Lawyers International - International Arbitration and Mediation
Pennsylvania Super Lawyers, 2004-present - Construction Law

Selected Publications

2008 Update to "Non-signatories and International Arbitration: Understanding the Paradox," presented at CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria (June 2008) (to be published).
"Arbitrator Disclosure Obligations Under 2004 IBA Guidelines on Conflicts of Interest," International Arbitration and Mediation - From the Professionals Perspective (Alibekova & Carrow, Eds. ) (Yorkhill Law Publishing 2007).
"Large, Complex Construction Disputes: The Dynamics of Multi-Party Mediation," 62 Dispute Resolution Journal 36 (American Arbitration Association May/July 2007).
"Non-Signatories and International Arbitration: Understanding the Paradox," Comparative Law Yearbook of International Business (Kluwer Law International 2007) (Chapter Author).
"The Benefits of a Proactive Approach," Inside the Minds: Construction Law Settlements and Negotiation (Aspatore Books 2007) (Chapter Author).
"Still the Arbitrator's Call: U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," IBA Arbitration Newsletter (September 2006).
"U.S. Supreme Court Rules that Arbitrators, Not Courts, Should Decide the Validity of an Allegedly Void or 'Illegal' Contract," PBA Civil Litigation Update (Spring 2006).
"Arbitration in a Global Economy: Managing Information Exchange to Expedite International Commercial Arbitration Hearings," Yorkhill Law Publishing, 2005
"Non-Party Discovery in Commercial Arbitration: Legal Hurdles and Practical Suggestions," Pennsylvania Bar Association Civil Litigation Section Newsletter, Fall 2005
Co-author, "Asset Purchases, Successor Liability, and Insurance Coverage: Does the Tail Always Follow the Dog?" West Virginia Law Review, 1998
"Natural Resource Damage and Third-Party Personal Injury and Property Damage Claims: Litigation Issues Which Linger After a Successful Brownfields Project," American Bar Association Toxic Tort and Environmental Litigation Newsletter, August 1998
"RCRA's Imminent Hazard Citizen Suit Provision After the Ninth Circuit's Ruling in 'Meghrig,'" Toxic Law Reporter, June 21, 1995
"An Overview of the Integration of RCRA's Imminent Hazard Citizen Suit Provision with CERCLA's Cost Recovery Provisions After KFC Western v. Meghrig," Environmental Reporter, April 28, 1995

Selected Speaking Engagements

"Non-signatories and International Arbitration: Understanding the Paradox," CILS 5th Biennial Symposium on International Arbitration, Salzburg, Austria, June 19-22, 2008
"ADR Works: Choosing the Right Resolution Option," 2008 American Arbitration Association Construction Conference, New York, May 29, 2008
"What You Can't Not Know," The AAA Construction Mediation Conference, Marina del Rey, California, November 9, 2007
"AAA Arbitration Roadmap: The Standard for Efficient and Cost-Effective Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, September 20, 2007
"Large, Complex Construction Disputes: The Dynamics of Multi-Member Mediation Teams," American Arbitration Association Construction Mediation Conference, Miami, Florida, March 30, 2007
"Developments in International Arbitration in Europe," International Centre for Dispute Resolution, Philadelphia, Pennsylvania, December 6, 2006
"Best Practices in Construction Arbitration," Allegheny County Bar Association, Pittsburgh, Pennsylvania, December 1, 2006
"Enforcement of International Arbitration Awards," International Centre for Dispute Resolution, Washington, D.C., November 15, 2006
"Arbitration Duties of Disclosure: US, UK, and Continental European Practices," CILS Fourth Biennial Conference on International Arbitration, Salzburg, Austria, June 14-18, 2006
"A Dialogue with the Leading Arbitral Institutions," Showcase Program, ABA Section of International Law, New York, April 6, 2006
"Effective Presentation of Delay Claims to Construction Arbitrators," ABA Section of Litigation Joint Meeting, Alternative Dispute Resolution and Construction Litigation Committees, Law Vegas, Nevada, November 10, 2005
"Update on Construction Arbitration Developments," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, November 1, 2005
"Advanced Issues in Construction Arbitration," 2005 Neutrals Conference, American Arbitration Association, Philadelphia, Pennsylvania, September 16-17, 2005
"Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution, 2005 Forum on International Arbitration, Philadelphia, Pennsylvania, July 14, 2005
"Topical Issues in International Arbitration," 2005 International Centre for Dispute Resolution Forum on International Arbitration, Pittsburgh, Pennsylvania, July 13, 2005
"Dispute Resolution in the International Arena," American Corporate Counsel Association, Pittsburgh, Pennsylvania, April 21, 2005
"Best Practices in Complex Construction Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 18, 2004
"Arbitrator Ethics and Disclosure Requirements," American Arbitration Association, Pittsburgh, Pennsylvania, November 11, 2004
"Building ADR for the Better," 2nd Annual National Forum on the Construction Industry, Orlando, Florida, November 4, 2004
"Designing Your Remedy: Maximizing the Effectiveness of an Arbitration Clause," American Arbitration Association, Pittsburgh, Pennsylvania, October 28, 2004
"Advanced Concepts in Construction Delay & Disruption Disputes," Pennsylvania Bar Institute, Pittsburgh, Pennsylvania, July 28, 2004
"Managing Information Exchange to Expedite International Commercial Arbitration Hearings," CILS Third Biennial Conference on International Commercial Arbitration and ADR, Salzburg, Austria, June 10-13, 2004
"Expert Advice for the Expert Witness in Construction ADR," American Arbitration Association, Pittsburgh, Pennsylvania, December 5, 2003
"Arbitration Advocacy for Attorneys: A Guide to Case Preparation & Presentation in Arbitration," American Arbitration Association, Pittsburgh, Pennsylvania, November 6, 2003
"U.S. Perspectives on International Dispute Resolution," International Centre for Dispute Resolution Forum on Arbitration of International Commercial Disputes, Pittsburgh, Pennsylvania, December 12, 2002
"Pennsylvania Mechanics' Lien, Payment and Surety Bond Law," Lorman Educational Services, Pittsburgh, Pennsylvania, March 1, 2002
"Corporate E-Mail: Addressing Risk Reduction and Electronic Record Retention Issues," Lorman Educational Services, Pittsburgh, Pennsylvania, December 6, 2001
"ADR in the Construction Industry," Lorman Educational Services, East Brunswick, New Jersey, July 27, 2000