Before joining the firm, Stuart served for two years as law clerk to the Honorable John B. Hannum of the United States District Court for the Eastern District of Pennsylvania.
Construction Contracts and Litigation
During transactions, Stuart negotiates and crafts construction and design contracts for owners, architects, engineers and contractors on national and international projects. He helps clients meet the need for speed in e-commerce by handling agreements related to the rapid construction of distribution and fulfillment centers, and he guides clients into tax-reduced opportunity zones.
Stuart advocates for energy and environment clients, prosecuting and defending cost-recovery claims, environmental insurance coverage claims, and contribution and indemnification under Superfund and related federal and state statutes.
On the transactional side, Stuart negotiates and drafts complex remediation and removal contracts with environmental contractors and engineers, as well as engineering, procurement and construction (EPC) agreements for energy-generating and infrastructure facilities.
Commercial and Financial Litigation
A respected litigator, Stuart leads contract, product liability, insurance coverage and reinsurance, and environmental litigation. He defends financial institutions during:
- Merger and acquisition litigation
- Securities litigation
- Real estate workout litigation
- Shareholder derivative class actions
- Lender liability actions
- Claims brought under federal banking regulations and statutes
Alternative Dispute Resolution
Stuart helps parties resolve conflicts out of court under private ADR agreements or under the rules of various ADR organizations such as AAA, the International Institute for Conflict Prevention and Resolution (CPR), JAMS or sports-sanctioning bodies. He has participated in every type of ADR, including mini-trials, “baseball arbitration,” international arbitration under foreign law, dispute review boards and mediation. He also steers potential contract disputes to ADR by writing ADR clauses and procedures into transactional agreements.
Stuart counsels clients on labor harmony issues on construction projects, and has resolved disputes arising from charges filed with the National Labor Relations Board (NLRB).
- Represented the developers of a significant build-to-suit office campus in Northwest Houston, which features two LEED certified office buildings and adjacent parking garage. Drafted and negotiated all construction, engineering, and design agreements, as well as assisted with bid review and selection of contractor. Both buildings serve as global headquarters for a leading independent energy company engaged in worldwide oil and gas exploration and production.
- Represented the developer of Hess Tower, a 29 story office building in downtown Houston, in all construction, engineering, and design agreements related to the project.
- Represented a joint venture partner in the development of medical office building at The University Medical Center of Princeton at Plainsboro, NJ. Drafted and negotiated all construction, engineering, tenant fit-out, and design agreements, including compliance with various redevelopment agreements and related Township and landowner lease issues. Also assisted with bid review, selection of contractor, and dispute resolution.
- Represented a leading real estate developer in all construction, engineering, and design agreements related to two luxury apartment buildings in Minnesota.
- Represented an American multinational clothing corporation on the construction of a new one million square foot, direct-to-consumer distribution and fulfillment center in Lancaster County, Pennsylvania. Also assisted the client with all legal aspects associated with negotiation and documentation of tax incentives for the project from the Commonwealth of Pennsylvania under the Pennsylvania Keystone Opportunity Zone, Keystone Opportunity Expansion Zone, and Keystone Opportunity Improvement Zone Act (KOZ Act).
- Represented the developer of a Class A hotel mixed use, and high-rise office building project in Austin, Texas. Reviewed bids and drafted and negotiated construction contracts and design agreements, and litigation disputes.
- Represented a prominent Indy Car team and driver in an appeal of a post-race disqualification following a victory on a road course in Portland, Oregon. It was alleged that the Indy Car in question was set up in violation of one of Indy Car’s technical aerodynamic rules. Following a one-week ADR trial in Detroit to a three-judge panel consisting of a retired NASCAR official, a representative from a powerboat racing organization, and a retired judge, the disqualification was nullified and the win was reinstated.
- Acted as lead defense counsel in a case involving the construction of a parking lot, dormitory, and health center at Villanova University in which we had all tort claims dismissed on preliminary objections, joining over a dozen parties, and successfully resolved the case at mediation. The General Contractor’s bankruptcy complicated resolution.
- As lead defense counsel, successfully defended a national real estate developer in a products liability action concerning the use of allegedly defective cement panels in the construction of a corporate campus in the greater Philadelphia region. Following mediation, the case settled on confidential terms.
- As counsel for an association of Swiss pension funds which is the owner of real property located in Philadelphia, PA, in a dispute concerning the proper calculation of rent, common area maintenance (CAM) charges , and taxes, spanning an eight year period. Succeeded in negotiating confidential settlements with the tenants, the City of Philadelphia, and the First Judicial District.
- Represented a natural gas pipeline company in litigation arising from construction of a 100 mile underground fiber optic line from D.C. to New York City. The case involved engineering and other claims associated with over 100 environmental citations. In addition to hundreds of change order disputes, the case involved millions of dollars of delay claims caused in part by a project shut down ordered by state and federal environmental authorities.
- Represented one of the world’s largest pharmaceutical companies in litigation arising from the construction of its primary research and development facility. The facility consisted of nine connected buildings and laboratory facilities in Pennsylvania. The cumulative claims exceeded $30 million, and involved primarily disputes associated with the state-of-the-art HVAC system designed for pharmaceutical R&D work. The majority of HVAC ductwork collapsed shortly after start-up. The litigation also involved over 2000 disputed change orders and claims for damages related to a one year delay in completion. The matter was successfully resolved through private ADR – a mini-trial before a retired Board of Contract Appeals judge.
- Represented an international chemical company with respect to design, engineering, and construction claims associated with the construction of a chemical processing plant in North Carolina. Cumulative claims exceeded $20 million. The matter was successfully resolved through private ADR.
Outside of his practice, Stuart is a thrill-seeker who dives (both sky and scuba) and drives race cars. A lifelong IndyCar fan, Stuart was embedded with a prominent IndyCar team while trying and winning an appeal of a race disqualification involving the technical design and construction of IndyCar cars.