Ericson P. Kimbel
Eric has practiced construction law almost exclusively his entire career. He is well-versed in all aspects of construction litigation, project management, project counselling (including contract drafting, negotiation, and formation), and resolution of construction disputes for companies operating across the U.S. and internationally.
With an emphasis on federal government contracting, procurement counselling and disputes, and energy-related construction projects in the nuclear, oil and gas (onshore and offshore), renewable energy, and pipeline industries, Eric also has significant experience in industrial, institutional, heavy highway, and commercial construction matters, as well as Occupational Safety and Health Administration and Department of Transportation matters.
His background includes advising on and litigating matters related to the construction of nuclear reactor and nuclear fuel conversion facilities; project counselling and drafting of contract documents for pipelines and related infrastructure, offshore platforms, floating production storage and offloading units (FPSOs), and other exploration and production and mid-stream facilities; litigating claims arising from the construction of utility-scale solar facilities; project counselling on wind energy projects; litigating pipeline construction disputes and their attendant lien and bond disputes; negotiating and resolving requests for equitable adjustments and payment claims, including international procurement disputes; and navigating mechanics' lien law matters in multiple jurisdictions and in unsettled areas of lien law.
Eric routinely counsels contractors, subcontractors, owners, design-builders, and construction managers through all phases of construction projects in both the public and private sectors, and regularly assists in the negotiation of construction contracts. He also assists in the preparation of bid packages, requests for proposals, and documentation during project execution and closeout.
He has represented and currently represents clients in complex construction cases involving project delays, disruptions, and inefficiencies, and is experienced in prosecuting and defending mechanics' lien, bond, and payment claims.
Eric is actively involved in various professional associations and speaks and writes on numerous issues related to the construction industry.
- Drafting and negotiation of construction contracts of all types, including pipeline and oil and gas projects (onshore and offshore), U.S. federal agency projects, distribution centers, commercial, and industrial construction projects.
- Internal compliance policy assistance and drafting of policies for commercial, industrial and federal construction projects.
- Creation of bid and RFP compliance procedures for national and international contractors.
- Project management and contract administration training for client contract execution teams on midstream and commercial construction projects.
Construction – Energy and Petrochemical
- Project coordination and execution of plastics and polyester production facilities.
- Defense and prosecution of claims on nuclear energy construction projects (reactor, fuel, and conversion facilities ).
- Defense and prosecution of lien, payment and performance claims arising from construction of interstate transmission lines.
- Prosecution of claims and close out of EPC contracts on utility-scale solar facilities.
- Assistance in project execution and lien and payment disputes for wind energy projects.
- Assistance in US national lab operations and maintenance.
- Defense and prosecution of claims related to utility facilities new construction and maintenance construction.
- Defense and prosecution of design error and misrepresentation claims on utilities projects.
- Prosecution and defense of claims related to power plant new construction and maintenance construction.
- Prosecution and defense of claims related to oil refinery new construction and maintenance construction.
Construction – General
- Managing general contractor defaults, terminations and handling close-out and completion of related projects.
- Lien and breach of contract matters arising from demolition and implosion projects.
- Assistance in union negotiations and disputes and development of union and non-union entities.
- Prosecution of extra work, changed conditions and unforeseen conditions claims on highway projects.
- Handling of claims and bid protests related to stadium construction and infrastructure projects.
- Assistance in development and construction of mixed-use and P3 projects.
- Prosecution of claims related to renovation and new construction projects for federal agencies.
- Defense of design-builder in industrial explosion matter.
- Documentation and prosecution of claims and assistance in project execution on industrial construction projects.
- Prosecution of claims arising from construction of medical and scientific research facilities.
- Prosecution and defense of design error and omission claims on federal projects.
- Defense of multi-citation, including repeat and willful, OSHA matters.
- Handling of claims related to construction and renovation of public schools and universities.
- Prosecution of claims on state and federal prison construction and renovations.
- Prosecution and defense of bid protests for all trades.
- Defense and prosecution of fraud claims arising from state and federal construction projects.
- Prosecution and defense of disputes related to waste-water and water treatment plants.
- Contract and bid package drafting for renovation of state-wide toll road system.
- Assistance in preparation of bid responses and contracts for municipal, state and federal IT systems.
Highlights & Recognitions
- Pittsburgh Business Times, Who's Who in Energy, 2016-2017
- Lexology Client Choice Award, 2016-2018
Memberships & Affiliations
- Allegheny County Bar Association
- American Bar Association, Construction Forum
- Master Builders Association of Western Pennsylvania
- Pennsylvania Bar Association
- Texas Bar Association
- West Virginia Bar Association
Non-FBT Publications and Events
February 2018, "FERC Integrates Energy Storage Resources into Wholesale Energy Markets", Client Alert
January 2018, "Important Changes to CASPA may occur in 2018", Client Alert
October 2017, "Pennsylvania Superior Court Extends Negligent Misrepresentation Theory of Liability to Accountants and Accounting Firms", Client Alert
Spring 2017, "The Pennsylvania State Construction Notices Directory: Added Protections for Owners from Mechanics' Liens, but is it Worth the Administration?", co-author, Developing Pittsburgh
January 2017, "Client Update: How the 2017 Pennsylvania Mechanics' Lien Law Changes May Affect Your Business and Challenges in Its Application", Client Alert
June 2016, "Understanding Pennsylvania's Public Contracts and Procurement Regulations", Lorman Webinar
November 2014, "Pennsylvania Overhauls Mechanic's Lien Law with Creation of State Construction Notices Directory", co-author, Breaking Ground
January 2014, "OSHA Proposes Heightened Standards for Crystalline Silica Exposure", Client Alert
April 2010, "Significant Changes to Mechanics Lien Law are Pending", Breaking Ground
January 2008, "One Call and Bilt-Rite: Can They Be Reconciled?", Breaking Ground
May 2001, "SOLD! By a Click: Cyber-Liability, Internet Auctioneers and Good Samaritans under the CDA", Mealey's Cyber Tech & E-Commerce Litigation Report
"Nachfrist Notice and Avoidance Under the CISG", Vol. 18, University of Pittsburgh Journal of Law and Commerce (1999)
"The Ecological and Economic Failures of Florida's Mangrove Regulatory Scheme", Vol.5, No. 1, University of Maine Ocean and Coastal Law Journal (2000)
4 December 2017, Construction SuperConference 2017, Las Vegas, Nevada, "The Language of International Arbitration Clauses: It's Real and Practical Effect on Disputes"
12 December 2017, Client Seminars, Pittsburgh and Philadephia, Pennsylvania, AIA's Decennial Contract Updates – “How Your Business Will Be Impacted”
9 August 2017, Global E&P Client Seminar, Houston, Texas, "EPC and EPCM Contracting in the Petroleum Industry"
26 July 2017, Client Seminar, Pittsburgh, Pennsylvania, "The 2017 Changes to AIA Contract Documents: What Clients Need to Know"
13 June 2017, Client Seminar, Philadelphia, Pennsylvania, "Lessons Learned: Early Experience with the Recent Mechanics' Lien Law Amendments"
24 April 2017, Global Design, Engineering and Design Builder Client Seminar, Washington, D.C., "Negotiation, Ethics and Documentation for Success"
9 February 2017, Global EPC Contractor Client Seminar, Houston, Texas, "Global Construction Law; Mechanics' Liens, Surety Bonds, Insurance and Tax in the US"
7 February 2017, Client Seminar, Pittsburgh, Pennsylvania, "The 2017 Changes to Pennsylvania's Mechanics' Lien Law: What Clients Need to Know"
5 December 2016, Construction SuperConference 2016, Las Vegas, Nevada, "Appetite for Construction: Federal MegaProjects"
May 2016, Global Mid-Stream Client Seminar, Middletown, Pennsylvania, "Construction Law, Mechanics' Liens and Surety Bonds"
1 June 2014, American Road and Transportation Builders Association, "Social Media and Liability Issues in Construction"
1 November 2013, Lorman Educational Group, Mechanicsburg, Pennsylvania, "Fundamentals of Construction Contracts in Pennsylvania: Understanding the Issues"
1 May 2008, Constructors Association of Western Pennsylvania, Pittsburgh, Pennsylvania, "Workers' Compensation, EEO Complaints, and How to Terminate Employees"
1 March 2007, Master Builders Association of Western Pennsylvania, Pittsburgh, Pennsylvania, "Impacts of the 2007 Amendments to Pennsylvania Mechanics Lien Law"
10 January 2007, American Subcontractors Association (Western Pennsylvania Chapter), Pittsburgh, Pennsylvania, "Impacts of the 2007 Amendments to Pennsylvania Mechanics Lien Law"
4 January 2007, Mechanical Contractors Association (Western Pennsylvania Chapter), Pittsburgh, Pennsylvania "Impacts of the 2007 Amendments to Pennsylvania, Mechanics Lien Law"
2 January 2007, Construction Financial Management Association (Western Pennsylvania Chapter), Pittsburgh, Pennsylvania "Impacts of the 2007 Amendments to Pennsylvania Mechanics Lien Law"
January 2007, National Electrical Contractors Association (Multiple Chapters), Pennsylvania and West Virginia, "Impacts of the 2007 Amendments to Pennsylvania Mechanics Lien Law"
1 February 2002, Lorman Educational Group, Pittsburgh, Pennsylvania, "Pennsylvania Health Care Corporate Compliance Program"