Richard P. Dyer
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1090
Fax: +1 212 253 4280
Email: rdyer@duanemorris.com

Richard P. Dyer practices in the area of construction law, including both contentious and non-contentious matters. Mr. Dyer has extensive experience in a broad range of construction, transactional and dispute resolution matters, including: preparation and negotiation of construction contracts, turnkey/design-build contracts, EPC contracts, construction management contracts, architect and engineer agreements, consultant agreements and trade contracts/subcontracts; contract administration; EEO and OSHA matters; surety bonding, mechanic's lien and insurance matters. He advises on the resolution of construction, engineering, and other commercial disputes through litigation, arbitration, including AAA and ICC administered proceedings, and mediation. Representative projects include: stadiums, aquariums, waste-to-energy facilities, power projects, LNG/LPG facilities, paper mills, casino resorts, infrastructure/transportation facilities, telecom loops, hospitals, institutional buildings, research facilities, schools, manufacturing facilities, assisted living facilities, museums, hotels and high-rise commercial and residential buildings.

Since 1975, Mr. Dyer has advised and represented owner/developers, contractors, and subcontractors on matters involving the total construction process from the pre-construction phase through the construction phase and beyond involving matters such as contract formulation, claims, dispute avoidance and resolution, suretyship, liens, insolvency, default, and termination.

He has been directly involved in some of the most visible construction projects in the New York metropolitan area, including: Rockefeller University; Lincoln Center; World Trade Center Memorial and Museum; Four Seasons Hotel; Baruch College; United Nations; Foxwoods Resort; Guggenheim Museum Expansion; Trump Tower; Jacob Javits Convention Center; Trump International Hotel and Tower; Metropolitan Tower; World Wide Plaza; The Grand Hyatt Hotel; Roosevelt Island; Battery Park City; Broad Financial Center; Financial Square; 750 Lexington Avenue; 461 Fifth Avenue; 667 Madison Avenue; 535 Madison Avenue; Park Avenue Tower; 599 Lexington Avenue; 527 Madison Avenue; ATT World Headquarters; 33 Maiden Lane; 40 Broad Street; and 101 Park Avenue.

Other projects included Kiani Kertas Paper Mill, Indonesia; Jindal Power Project, India; Tampa LPG Facility; Penuelas Power Project, P. R.; Cedar Bay Cogeneration Facility, Florida; Quezon Power Project, Philippines; Champion International World Headquarters; N.Y. Football Giants Stadium and the adjacent Meadowlands Racetrack; Intercontinental Hotels in Cairo, Egypt and Amman, Jordan; the ARAMCO Headquarters Building and Hospital Facilities in Dhahran, Saudi Arabia; and other projects in New Jersey, Connecticut, Tennessee, South Carolina, Florida, Massachusetts, Pennsylvania, Illinois, Iowa, Washington, DC, and Texas.

Mr. Dyer has been recognized as one of the leading construction attorneys in New York in the Chambers USA Guide to America's Leading Business Lawyers since 2004. Mr. Dyer has also been recognized as a leading New York construction lawyer in the Best Lawyers in America and New York Super Lawyers.

A member of the American Bar Association, Mr. Dyer is a 1974 graduate of Villanova University School of Law and a graduate of Villanova University School of Engineering (B.S.C.E., with honors).

Areas of Practice

• Construction Law and Litigation
• Alternate Dispute Resolution
• Project Finance, Documentation and Negotiation
• Energy and Infrastructure Projects
• Claim Avoidance

Representative Matters

Dispute Resolution

• Representation of an EPC contractor and alliance member on a five-plant power program concerning steam turbine defects and delays, project cancellations and suspensions, and delay and performance liquidated damage disputes.
• Representation of a design/build contractor in litigation with a subcontractor on a Waste to Energy Plant in Federal District Court in Boston, Massachusetts.
• Representation of an energy company in arbitration and mediation proceedings in Atlanta with a design/build contractor on a liquefied propane gas off-take and storage facility in Tampa, Florida.
• Representation of consortium members of a design/build consortium in International ICC Arbitration proceedings in London concerning a power plant in India.
• Representation of an aquarium entertainment project owner against claims by a contractor on a delayed project in Tennessee.
• Representation of a consortium member on a turnkey paper mill project in Indonesia in an International ICC Arbitration proceeding seeking to recover accounts receivable and damages from the project owner.
• Representation of a general contractor in a state court action against a public transportation authority seeking to recover delay damages for itself and a subcontractor under a liquidation agreement.
• Representation of a project owner in the prosecution of an action in federal court against a general contractor for breach of a settlement agreement.
• Representation of turnkey contractors in pursuit of claims for balances due and incentive fees on telecom build-outs in Europe in Federal Court, and in arbitration and mediation proceedings.
• Representation of a general contractor in the enforcement of mechanics liens and collection of delay damages in state court in New Jersey.
• Representation of an institutional museum owner in the prosecution of fire damage claims against insurance carriers and in the defense of delay damage claims by a trade contractor.

Reported Decisions

• Travelers Casualty & Surety Company v. The Dormitory Authority of the State of New York, 2005 U.S. Dist. LEXIS 9415 (S.D.N.Y. 2005)
• Bovis Lend Lease LMB, Inc. v. GCTV Venture, Inc., et al., 285 A.D. 2d 68, 728 N.Y.S.2d 25 (App. Div., First Dept. 2001); 6 A.D. 2d 228, 775 N.Y.S. 2d 259 (App. Div., First Dept. 2004)
• Simpson v. Sutton East Associates 86, 244 A.D. 2d 278, 655 N.Y.S. 2d 855 (App. Div. First Dept. 1997)
• John Doris, Inc. v. Solomon R. Guggenheim Foundation, 209 A.D. 2d 380, 618 N.Y.S. 2d 99 (App. Div. Second Dept. 1994)

Transactional

• Representation of a large REIT in preparing and negotiating design and construction agreements for two large commercial buildings in New York City, and providing general construction project advice.
• Representation of an international accounting and consulting firm in preparing and negotiating design and construction agreements for the construction of the interior of the firm's headquarters of 700,000 square feet.
• Providing advice on construction procurement strategy and peer review of construction contracting documents for a national library and opera house in Europe.
• Providing transactional services to the planning and construction office of a world-renowned research and teaching university in the biomedical sciences in connection with its capital construction program at its campus in New York City.
• Review of FIDIC-based contract documents for a shopping center and entertainment complex in Riga, Latvia.
• Review of FIDIC-based contract documents for a resort complex in Anguilla.
• Drafting and negotiation of FIDIC-based design-build contract documents for a 1,400-unit military housing project near Seoul, South Korea.

Professional Activities

• American Bar Association
  - Section of Litigation
  - Forum Committee on the Construction Industry
• Association of the Bar of the City of New York
• General Contractors Association of New York
• New York Building Congress
  - Representative Member
• U.S. Bankruptcy Court, Southern District of New York
  - Chairman of the Mechanics Lienors Creditors Committee, In Re East-East Associates Limited Partnership

Admissions

• New York
• New Jersey
• U.S. Patent and Trademark Office
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Northern District of New York
• U.S. District Court for the Southern District of New York

Education

• Villanova University School of Law, J.D., 1974
• Villanova University School of Engineering, B.S.C.E., with honors, 1970
  - Tau Beta Pi, National Engineering Honor Society

Experience

• Duane Morris LLP
  - Partner, 2008-present
• Thelen LLP
  - Partner
• HRH Construction Corporation
  - Vice President/General Counsel
• George A. Fuller Company, New York, New York
  - Assistant General Counsel

Honors and Awards

• Listed in Chambers USA Guide to America's Leading Business Lawyers
  - Leading Construction Lawyers in New York since 2004
• Listed in Best Lawyers in America, Construction Law
• Listed in Super Lawyers Corporate Counsel Edition
• Listed as a New York Super Lawyer in Construction Litigation, 2006-2012
• Listed in Avenue magazine's Legal Elite, 2010
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• Co-author, "Ten Things to Consider When Drafting Construction Contracts Under New York Law," Building & Bonding: The Construction Group Newsletter, Fall 2010; Lexology, October 22, 2010 (http://bit.ly/MghRM4)
• Co-author, "Amendments to New York Prompt Payment Act Broaden Enforcement," Duane Morris Alert, March 5, 2010; Lexology, March 5, 2010 (http://bit.ly/MghRM4)
• Co-author, "FAR Rules for Stimulus-Funded Contracts: Alert 5 - Federal Publication of Contract Actions," Duane Morris Alert, May 26, 2009; Lexology, May 26, 2009 (http://bit.ly/MghRM4)
• Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 4 - GAO and Inspector General Oversight," Duane Morris Alert, May 15, 2009; Lexology, May 15, 2009 (http://bit.ly/MghRM4)
• Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 3 - Enhanced Contractors' Internet-Quarterly-Reporting Requirements," Duane Morris Alert, May 14, 2009; Lexology, May 14, 2009 (http://bit.ly/MghRM4)
• Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 2 - Enhanced Whistleblower Protections," Duane Morris Alert, May 6, 2009; Lexology, May 6, 2009 (http://bit.ly/MghRM4)
• Co-author, "FAR Rules for Stimulus Funded Contracts: Alert 1 - Buy-American Provisions," Duane Morris Alert, May 5, 2009; Lexology, May 5, 2009 (http://bit.ly/MghRM4)
• Author, "Owner May Assert Contractor's Claim Against Architect Pursuant to Pass-Through Agreement, N.Y. Court Holds," March 26, 2007
• Co-author, "Pay-if-Paid Clauses Are Enforceable When Contract Is Governed by Out-of-State Law, Highest N.Y. Court Rules," Thelen Client Update, January 8, 2007
• Co-author, New York Law Report-Construction Industry Decisions of Interest, Vol. III, No. 2, 2006
• Co-author, "City of New York Reintroduces Goals for Award of Contracts to Minority- and Women-Owned Enterprises with Heavy Penalties for Breach," Thelen Client Update, September 8, 2006
• Update Author, Chapter 17, "Construction Bonds," in Construction Law, LexisNexis Matthew Bender, 2006
• Co-author, Chapter 14, "Performance Guarantees and Testing; Intellectual Property and Technology Transfer Issues," Design Build Contracting Handbook 2nd Edition, Aspen Law and Business Publishers, 2001

Selected Speaking Engagements

• Seminar, "Public Contracting in the Age of the Stimulus Package: Are You Ready for Transparency?" Duane Morris LLP, New York City, June 23, 2009
• Seminar, "Construction Management Issues," Thelen LLP, April 19, 2007
• Seminar, "Construction Scheduling: How to Make it Work for You," Thelen LLP, November 29, 2006
• Speaker, "Bonds, Liens and Insurance," Federal Publications, New York State Department of Transportation, October 2004
• Visiting Lecturer, Columbia University Graduate School of Architecture, Planning and Preservation's degree program for real estate development and construction management
• Speaker, "Handling Construction Risks: Allocate Now or Litigate Later," Practising Law Institute, May 2001