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Albert helps clients resolve U.S. and international construction disputes, particularly in the areas of power generation, infrastructure, and heavy industrial process facilities. He also advises clients on project planning, project execution, and change management on large engineering, procurement, and construction projects. Albert has counseled clients on more than 15 mega-projects, including projects in the U.S. and internationally, and including projects in excess of $10 billion. He has acted as counsel on coal, gas-fired, solar, nuclear, biomass, and hydroelectric power generation projects; tunneling projects; chemical plants; pharmaceutical plants; steel mills; coke and coal byproduct plants; mass transit, bridge and highway projects; airports; mixed-use facilities; and sports and entertainment venues.
In addition to serving as counsel in arbitration matters, Albert has served as an arbitrator or mediator on more than 150 U.S. and international construction and commercial disputes, including multiple matters with amounts exceeding $100 million USD. Albert is a Fellow of the Chartered Institute of Arbitrators, is a Fellow in the College of Commercial Arbitrators, and is a Certified Mediator by the International Mediation Institute. From 2008-2019, Albert served as a member of the board of directors of the American Arbitration Association/International Centre for Dispute Resolution. In addition, Albert is honored to be an inaugural member of the AAA’s Mega-Project Construction Panel of Arbitrators.
Chambers USA gave Albert a Band 1 rating in Construction. He is also recognized as a Leading Lawyer in Construction by The Legal 500 and is listed in The Best Lawyers in America, Who’s Who Legal, and the International Who’s Who of Construction Lawyers. Albert is a Fellow of the American College of Construction Lawyers, and a Fellow in the International Academy of Construction Lawyers,.
For more complete biographical information, please visit http://www.troutman.com/professionals/albert-bates-jr.html
Mr. Bates has served as mediator since 1999 and has mediated approximately 50 cases. Many of the cases mediated have been multi-party disputes, including disputes within the dispute involving insurance coverage questions. Recent mediation matters have ranged from matters with approximately $1,000,000 in controversy to a complex international matter with approximately $100 million in controversy to a matter involving more than a dozen parties arising from the largest landslide in the history of the Commonwealth of Pennsylvania. Cases with amounts in controversy ranging from $1,000,000 to $15,000,000 have constituted the majority of recent cases mediated. Most of the cases mediated have involved claims on construction projects, including industrial facilities, transit projects, sewage treatment facilities, hotels, office buildings, schools, convention centers, hospitals, renovation and redevelopment projects, retail, and warehouse projects. Mr. Bates has also mediated indemnification obligations, asset purchase cases, breach of warranty, supply contracts, and defective product cases, as well as claims against design professionals and partnership disputes. He has mediated matters involving domestic, multi-national, and foreign entities, as well as both closely held and publicly traded companies. Has also mediated several cases involving joint ventures or other business organizations that have inherently involved more than one constituency within the single "party" to the proceeding, i.e., mediation within mediation.
Mediation is a consensual process. It is the role of the mediator to engage the parties in meaningful discussion in order to facilitate an amicable resolution of the matter. This typically involves assisting the parties in determining the issues in dispute among them, removing the obstacles to communication, and positively reinforcing the progress that is being made while seeking to minimize any ill-will among the parties. Since the process is a flexible one that is more art than science, the nature of each mediation varies, and the approach to resolution is dependent upon the parties, the party representatives, their counsel, the amount in controversy, the nature of the issues, the complexity of the issues, the presence of unsettled issues of law, technical issues about which competent experts can differ, and a host of other issues. The skills of the mediator, including judgment, credibility, personality, and demeanor, legal and technical competence, creativity, experience in the industry, experience in facilitating resolution of disputes, perceptiveness, ability to listen, analyze, and filter information, and other skills, are brought to bear to assist the parties in communicating about the disputed issues and ultimately in resolving their dispute. One of the goals of a good commercial mediator is to ensure that each party has fully assessed all of the risks presented by the dispute. Consequently, in some situations, the mediator may also be called upon to act as an evaluator, challenging the legal, factual, and technical positions and assisting the parties in assessing the reasonable range of outcomes, the risks of moving forward in the litigation or arbitration process, and the economic and opportunity costs associated with an arbitration or litigation outcome.
Areas of particular experience include:
- Construction Claims - Examples of construction projects include 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, hotels, mixed-used facilities, commercial office buildings, schools, public use facilities, theme parks, retail complexes, and sports and entertainment venues. - Mr. Bates has mediated the full range of issues that arise on construction projects, including: quality of work, scope of contractual obligations, extra work claims, delay, disruption, inefficiency, loss of productivity claims, differing site condition, variation in estimated quantities, and other scope claims, claims against design professionals, fatigue and failure issues, product defect issues, insurance coverage issues, payment act claims, bonding issues, contractual and statutory limitations of liability, enforceability of exculpatory provisions in contracts, breach of warranty claims, and various other issues that arise on construction projects. With regard to general commercial disputes, has mediated indemnification claims, representation and warranty claims, product defect claims, industrial equipment performance issues, fraud and related matters
- Commercial Contract and Other Complex Technical, Environmental and Business Disputes - Examples of other representative matters include indemnification obligations arising under asset purchase agreements and other commercial contracts, breach of warranty matters, performance guarantee disputes, environmental cost recovery actions, insurance coverage questions, matters of contractual interpretation, trade secret matters, partnership dissolutions, supply contracts, indemnification claims, representation and warranty claims, product defect claims, industrial equipment performance issues, fraud and related matters and various other types of business disputes.
- For a list of representative matters, please visit http://www.troutman.com/professionals/albert-bates-jr.html
2021 rate is $725 Per Hour. Rate is adjusted annually.
Hourly rate charged for all time associated with the engagement, including administrative & study time, conference calls, travel time, and all other matter-related activities, plus reimbursable expenses. Business class (international) or First Class (domestic flights) travel for flights exceeding 3.5 hours. Mediation days are billed as a minimum of 8 hours.
Cancellation policy: If cancelled within 21 calendar days of the hearing, $5,000 per hearing day cancellation charge, plus any expenses. May be waived in appropriate circumstances.
*Selected as Best Lawyers' 2010 Pittsburgh Construction Lawyer of the Year
*The Best Lawyers in America 2007 & 2008 - Construction Law; 2009 - Construction Law and Alternative Dispute Resolution
*Best Lawyers International - International Arbitration and Mediation
*Pennsylvania Super Lawyers, 2004-present - Construction Law
*AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
•Fellow of the College of Commercial Arbitrators, 2009-present
•American Arbitration Association/International Centre for Dispute Resolution
- Former Member, Board of Directors (2006 - 2019)
- Past Chair, National Construction Dispute Resolution Committee
- 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 (former member)
- CPR International Arbitration Committee (former member)
- CPR Arbitration Rules Revision Committee (former member)
•International Bar Association
- Arbitration Committee
- International Construction Projects Committee
•American Bar Association
- Forum on the Construction Industry
- Litigation Section, Committee on Construction Litigation
•Pennsylvania & Allegheny County Bar Associations
- 2010 – 2011 Chair, ACBA Construction Law Section
For more complete biographical information, please visit https://www.troutman.com/professionals/albert-bates-jr.html
2021 AAA-ICDR Panel Conference; ACE20 Cyber Security: A Shared Responsibility, 2020; 2019 Construction SuperConference; FACULTY AAA/ICDR/AAA Mediation.org Panel Conference, 2019; 2018 AAA Construction Conference; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; Faculty AAA Construction Conference: Navigating the Unique Aspects of Construction Arbitration, 2017; AAA 2016 Construction Conference: Ahead of Schedule and Under Budget (Faculty), 2016; Faculty, AAA Construction Conference – Keeping Arbitration Lean, 2015; AAA The 31st Annual Joint Colloquium, NY, 2014; Faculty, AAA The Dynamics of Multi-Party Mediation for Large,Complex Construction Disputes 2014, 2011; Faculty, AAA Conducting Research & Investigations: The Arbitrator's Authority; ACE09, 2014; Faculty, AAA Principled Deliberations, 2014; AAA Managing the Costs of Exchanging ESI, 2013; Faculty, AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012; Faculty, AAA/ICDR Neutrals Conference, 2012; College of Commercial Arbitrators Annual Meeting, 2011; Faculty, AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; ICDR International Symposia in Advanced Case Management Issues, 2011; Faculty, AAA Spring Construction Conference, Mediation: It's Not New, So What's Next?, 2011; AAA Construction Dispute Resolution in the U.S.: International Techniques That Can Be Used Domestically, 2010; Faculty, ICDR 8th Annual Miami International Arbitration Conference: Resolving International Construction Disputes, 2010; Faculty, AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009; AAA, Managing the Parties' Expectations: Best Practices in Arbitration, 2009; Faculty, AAA/ICDR Neutrals Conference, 2009; Faculty, AAA Construction Conference: ADR Works, 2008; NCDRC, Annual Meeting, 2007; Faculty, AAA Arbitration Roadmap: The Standard for Efficient and Cost Effective Arbitration, 2007; Faculty, AAA Construction Mediation Conference: What You Can't Not Know, 2007; ICDR International Commercial Arbitration and Mediation Conference, 2006; ICDR, The International Arbitrati