What we've done

Michael E. Peters, RA Esquire
Representative Projects: 2001 to present

  • Drafted architect and construction management contracts for a $200 million multi-phase casino project in Philadelphia, PA.  The project involved, among other challenges, a strict regulatory framework and a tight time frame for design and construction, which required “fast-track” design, bidding and construction. The project was completed on-time and within the budget, with a minimal number of claims.  Two years later, the owner contacted MEP-C for additional design and construction contracts for interior design, and a $50 million expansion and parking garage.
  • Managed design consultants and advised on legal and management issues on a $188 million assisted living and senior condominium community in Bethesda, MD. Challenges included an aggressive, market-driven schedule, an under-performing architect, difficult site and regulatory issues, and the collapse of the national housing market during the occupancy phase of the project.
  • Drafted contracts for design engineering and engineering/ procurement/ construction (“EPC”) for a $365 million flue gas desulphurization project for a major regional utility.
  • Drafted contracts for design engineering and engineering/ procurement/ construction (“EPC”) for a $295 million solar photovoltaic generating facility in Arizona.
  • Drafted a master services agreement and other contracts for design engineering and engineering/procurement/construction (“EPC”) for various world-wide facilities expansions for a major international beverage manufacturer.
  • Drafted and negotiated the design-build agreement for a manufacturing facility in Elko, NV for a major international mining and manufacturing company.
  • Drafted and negotiated design and construction management agreements for a swimming and athletic facility for a not-for-profit organization in Miami, FL.
  • Advised the client's financial adviser and negotiated the construction contracts for a large luxury co-op apartment renovation on the Upper East Side of Manhattan.  The project involved a noted New York residential architect and a pre-eminent builder.
  • Drafted and negotiated architect and sub-consultant contracts on behalf of the architect for prestige multi-family residential projects in Washington, DC.
  • Drafted and negotiated architect and sub-consultant contracts on behalf of the architect for concurrent university projects: renovation of a 1970s music center, and an award-winning new laboratory addition to an existing science center.
  • Drafted and negotiated the construction management agreements for a new seaside residence in Longport, NJ, and a luxury residence in Coto de Caza, CA.
  • Drafted architect and consultant agreements and advised the client regarding a 10,000 sf museum of cultural artifacts to be located in a historic structure in Morocco.
  • Drafted and negotiated various owner-architect agreements on behalf of a prominent Swiss architecture firm, advising the client regarding intellectual property issues related to the client's design for a Manhattan residential condominium project, to include advising on additional contract issues on that project, as well as the advisability of several additional projects, including a large-scale residential development in Las Vegas and Miami, a historic municipal museum in New York, and art museums in Miami and Southampton, NY. We also advised the client regarding the mid-project restructuring of a $20 million Bay Area private residence and art gallery project, including terminating the local architect and resolving a complex construction defect claim.
  • Drafted, reviewed and negotiated construction management and design contracts for a $92 million hospital expansion on a former brownfield site in Long Beach, CA. When the construction manager's GMP was 50% above its pre-construction estimate, we advised the owner to renegotiate and rebid the project, which yielded more favorable pricing. The owner, a regional health system, later requested assistance with new agreements for the fit-out phase of this project, as well as a $20 million cancer treatment center on the same campus, and several projects at other facilities.
  • Reviewed and negotiated developer, construction and design consultant contracts for a $140 million corporate headquarters building designed by an internationally renowned architect for a brownfield site in the Chelsea section of Manhattan.  Duties included advising the client on project delivery options, insurance and indemnity provisions, payment provisions, and other key contract provisions, and addressing construction phase disputes with the excavation contractor, curtainwall supplier and construction manager.  
  • Advised pro bono a non-profit elementary school in North Philadelphia that serves economically disadvantaged children regarding the late default of the general contractor on a $5.5 million renovation.  Assisted the school administrator, staff and architect in completing the project, and addressing incomplete and defective work, unpaid and underperforming subcontractors, and other challenges.
  • Handled a pro bono insurance recovery matter arising from defective roofing work which severely damaged the client's performing arts facility.  Responsibilities included advising the client’s Board on legal options, deposing the defendant contractor, and negotiating with the defendant's insurance carrier to obtain a cash settlement of over $330,000 (against $400,000 claimed).  In the words of Board members and staff, the recovery saved this 40-year old Philadelphia arts institution.
  • Advised an offshore client manufacturer of transit rolling stock in a protracted dispute regarding the troubled procurement of articulated light-rail vehicles.  Due to interruptions in delivery, the manufacturer was exposed to $10 million in liquidated damages and other claims by the transit authority, as well as the interruption of vehicle deliveries and project payments, with extra costs to the client in excess of $50 million.  The parties were able to reach a settlement under which the parties dropped their respective claims, and the authority resumed acceptance of vehicles and payments to the manufacturer.
  • Assembled subcontractor’s claims for overhead and termination expenses relating to an aborted power line transmission project in eastern Washington. Our appeal to the Department of Energy Board of Contract Appeals in November 2004 enabled the client to recover a significant portion of its claim.
  • Advised client, drafted and assisted in negotiating a design/build agreements for a major addition to client's direct-mail warehouse and shipping facility in Hamburg, PA; additions and renovations to client's manufacturing facilities in Laconia, NH and Morton Grove, IL.
  • Drafted and negotiated the construction management agreement for a multi-million dollar academic arts center in Mercersburg, PA.
  • Structured and drafted a design/build contract for a small cogeneration plant at a Philadelphia area continuing care facility. We negotiated a design/build agreement with a small but aggressive start-up energy consulting firm/builder, persuading this company to joint-venture with an experienced electrical contractor in order to protect the owner's interests.
  • Drafted and negotiated agreements for a innovative wastewater energy recovery project in Camden, NJ
  • Helped structure and draft a design/build remediation contract for a brownfield site in Pelham, NY.  The client, a commercial/retail real estate developer, was engaged with the owner of the site, a major regional power company, who financed the remediation pursuant to an EPA order, in order that the client’s shopping plaza could be built on the formerly distressed site.
  • Drafted and negotiated architect and construction manager contracts for a multi-year, multi-million dollar school renovation and new construction program on Long Island, NY, including the architect and construction management agreements for three building projects, and also assisted in the ongoing negotiation and litigation of disputes related to the construction management agreement.
  • Drafted and negotiated architect and construction manager contracts for the expansion of a ballet school in to a five-story 41,000 sf existing facility on an urban site that had formerly housed a major ballet company and, originally, an automobile dealership.
  • Drafted design/build remediation contracts and sub-consultant agreements for remediation of a major Superfund site in Gloucester County, NJ.
  • Assisted an offshore transit equipment supplier and its US affiliate in resolving a crisis related to the alleged cracking of brake discs manufactured by the client for high-speed trains.  Duties included advising the client on strategy and tactics, drafting and editing correspondence (initiated by native German-speaking counsel), drafting and negotiating multi-party settlement agreements, and advising the client throughout enforcement of the settlement agreement.  Negotiation and settlement of underlying subcontractor/supplier liability continued for four years.
  • Advised several emerging Philadelphia and New York architectural firms regarding new business ventures.  Duties include drafting and negotiating owner-architect, architect-consultant, and intellectual property agreements, and representation in fee disputes to recover past-due invoices.

Litigation matters involving unique knowledge of construction industry

  • Drafted expert reports and advised client regarding design and construction defects on a high-rise waterfront condominium project in Philadelphia, PA.  The matter settled prior to trial to the satisfaction of the client.
  • Drafted expert reports and advised client regarding design and construction defects relating to a major addition to a high-value residence in Oxford, PA.  Major issues included defective bluestone paving and waterproofing, and defective design and construction of 1000 sf home theater and media room.
  • Handled all aspects of an ongoing action in Pennsylvania state court against the builder of a defective custom home valued at over $1.6 million.  The builder brought 23 subcontractors into the case as additional defendants.  Duties included defending the client's depositions, reviewing and coordinating expert reports and cost estimates, advising the client on strategic and practical issues, correspondence and negotiation with counsel for defendant parties, and successful mediation of the dispute resulting in a substantial payment to the client by the builder and its subcontractors.
  • Litigated two breach of contract and fraud claims against interior designers arising from high-value residential projects.
  • Assisted in litigation involving the completion of a troubled $106 million resort hotel/condominium project located on Grand Exuma in the Bahamas.  Assisted co-lead trial counsel in analyzing construction and design issues, drafting motions and mediation statements, preparing exhibits and other materials for arbitration, which resulted in a favorable settlement after one day of arbitration.
  • Handled all aspects of the pro bono representation of a low-income homeowner in her effort to obtain title to her residence of 13 years.  The client sued for specific performance of a real estate installment land contract.  Duties have included researching, drafting, filing and arguing motions, including a motion for summary judgment (pending), and a trial in Pennsylvania state court.  We reached a favorable settlement on the first morning of trial.
  • Assisted lead counsel in litigation involving a developer’s termination of a major international construction contractor on a $124 million resort hotel/condominium project located on Seven Mile Beach, Grand Cayman Island.  Assisted in analyzing construction and design issues, drafting motions, preparing exhibits and other materials for trial in the United States District Court for the Southern District of New York.  Also prepared witnesses and defended the depositions of architect and engineer witnesses, and built relationships of trust and confidence with these non-party witnesses that benefited the client.  This litigation initially resulted in a $28.9 million jury verdict in favor of the client and denial of all the contractor's claims (later reduced by the court to a ‘walk-away’ for both sides—the client’s original goal).
  • Assisted in analyzing design and construction issues relating to the fatal partial collapse of a casino parking garage in Atlantic City, NJ.  Duties including analysis of construction documents; advising on and editing expert reports; and attending depositions of key witnesses.
  • Prepared a school district’s mediation claim for architectural malpractice arising from a $26 million high school renovation and addition project.  Previously, disputed contractor and surety claims arising from this project were successfully mediated to settlement.  Duties in both matters include gathering and analyzing significant documents, interviewing client personnel as potential witnesses, preparing the mediation statement and supporting exhibits, preparing documents and exhibits for presentation, and advising the client on litigation and settlement strategy.
  • Prepared a mediation claim on behalf of a small private parochial school arising from the financial distress of the general contractor on a $6 million school renovation and addition project.  Duties included gathering and analyzing significant documents, interviewing client personnel as potential witnesses, preparing mediation statements and supporting exhibits, preparing documents and exhibits for presentation, and advising the client on litigation and settlement strategy.  After extended negotiations, the mediation resulted a de minimis settlement.
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