Andrew W. Manuel

• Light rail transportation system. 100-day jury trial in Missouri state court (longest in St. Louis County history). Defense verdict for a designer/construction manager joint venture client against claims by a public agency owner in excess of $100 million on allegations of breach of contract, professional engineering/architectural malpractice and fraud concerning a project for an 8-mile extension of a light rail system. The jury found the termination for default to be wrongful and also awarded client over $2.5 million on a counterclaim for extra work. Before appeal, the matter settled favorably for the client with a substantial payment of attorneys’ fees.
• California hospital. In a four-week arbitration in Los Angeles, obtained a defense verdict for a terminated design/build contractor against a large hospital system owner, with award setting aside wrongful termination and requiring payment by the owner of extra work claims and contract balance. Over $150 million of disputed claims involving issues of design errors and omissions, construction workmanship, delay and wrongful termination.
• Marine port unloader crane. In bifurcated arbitration hearings in Cincinnati, Ohio, represented a Louisiana fabricator involving disputed claims of over $20 million for design errors, extra work, construction workmanship, delay, marine transportation and contractual insurance coverage. The matter included the resolution of builder's risk insurance coverage issues.
• Justice center projects. Settlement of over $155 million in disputed claims for a large engineering, procurement and construction (EPC) firm working as a construction manager for two public projects in Las Vegas involving standard of care of the construction manager, design errors, construction workmanship, terminations and delay issues.
• Refinery. One-week arbitration for Illinois refinery owner involving $6 million extra work claim by contractor; and mediation of $1 million in damages for a Montana refinery owner against a pressure vessel fabricator involving defective welding and non-destructive examination (NDE), which failed to meet ASME VIII Code requirements.
• Coal-fired power plant.Litigation in central Missouri and two-day mediation in Chicago resulting in a favorable settlement of over $40 million in claims for and against a general contractor involving extra work, design, workmanship, delay and disruption claims.
• Cement plant. Two-day mediation in Florida of over $20 million of disputed design errors and omissions by general contractors against a cement plant designer and other parties.
• Shopping center complex site development. One-week arbitration in New Jersey resulting in a defense verdict for a general contractor against over $1 million in claims by a developer involving differing site conditions, site remediation, road and parking lot workmanship claims. The matter also involved separate litigation against a commercial general liability insurer for coverage of defense fees.
• Condominium buildings. Arbitration and mediation in Houston resulting in a favorable settlement for a specialty contractor against over $1.5 million in claims by a general contractor and surety involving design and installation of a corrosion protection system on a coastal building.
• Biodiesel plant. Represented an owner in litigation and arbitration in central Missouri involving a design-build contractor and subcontractors over design, workmanship and project termination claims.
• Solar power plant. Counsel electrical contractor on contracting and regulatory issues.
• Food processing plant. Negotiated favorable settlement of claims on behalf of an owner against a design-build contractor for an energy-efficiency contract.
• Steel mill slag processing facility. Four-week international arbitration in Chicago and federal court arbitration award confirmation proceeding. Defense verdict for an international owner client against claims by a design/build contractor alleging over $15 million of claims for delay, disruption and extra work arising out of the design and construction of a steel mill slag processing facility. An arbitrator also awarded the client over $2.8 million on counterclaims, including attorneys’ fees. Federal court also awarded the client additional attorneys’ fees as part of the arbitration award confirmation proceeding.
• Condominium – HVAC systems. Two-week arbitration, single-day mechanic’s lien Missouri state court hearing and two appeals. Defense verdict for a mechanical design/build subcontractor client against an owner alleging over $3 million of claims for improper design and defective workmanship arising out of the design and construction of a 30-story condominium tower. An arbitrator also awarded to the client over $600,000 on counterclaims, including attorneys’ fees. State court also awarded the client a mechanic’s lien in a contested bench-tried mechanic’s lien proceeding. Separate appeals of the arbitration award and mechanic’s lien judgment settled favorably before opinions were issued.
• Public cemetery. Three-week arbitration resulting in an award for a general contractor client against a subcontractor arising from subcontract termination and claims for additional costs due to defective and incomplete work performed by the subcontractor. Also successfully defeated fraud and wrongful termination counterclaims by the subcontractor.
• Litigated, arbitrated and mediated numerous engineering and construction disputes on behalf of clients in proceedings less than one week in duration involving office buildings, retail centers, shopping malls, data centers, nursing homes, hotels, hospitals, schools, water treatment plants, sewer systems, power plants, brewery, industrial facilities, airports and environmental remediation sites. Also served as arbitrator for over 40 matters in which hearings were held and awards issued, and selected for numerous other matters that settled prior to hearings.

Reported Appellate Matters

• Represented a contractor in an arbitration enforcement action involving construction of a public housing project. Metro Demolition & Excavating Co. v. H.B.D. Contracting, Inc., 37 S.W.3d 843 (Mo.App.E.D. 2001).
• Represented a private prison developer in a real property title dispute. Church of God in Christ Congregational of Missouri v. Secured Housing, Inc., 39 S.W.3d 55 (Mo. App. E.D. 2001).
• Represented an owner in an arbitration enforcement action involving design and construction of a cement manufacturing facility. Dunn Industrial Group, Inc. v. City of Sugar Creek, 112 S.W.3d 421(Mo. 2003).