Construction Attorneys

Kevin O'Brien - Of Counsel

Kevin O'Brien guides owners and contractors in project formation and dispute resolution for many of the largest and most complex construction projects. His experience includes early counseling for troubled projects as well as representing clients in all manner of formal dispute resolution including mediation, federal and state court litigation, and domestic and international arbitration. In addition, Kevin has substantial experience in the structuring, negotiation, and drafting of construction contracts. Kevin's career has focused on knowing the construction industry and addressing its risks and complex challenges.

Kevin's experience has included a broad array of projects including numerous energy projects (involving nuclear, fossil, and renewable technologies), petrochemical facilities, hospitals, water treatment and desalinization facilities, environmental clean-up projects including nuclear power project decommissioning, aerospace installations, bridges, highways, and tunnels.

Kevin represents clients such as Bechtel, Georgia Power, Italcementi Group, and Southern Company. Among the more notable projects, Kevin has acted as litigation counsel for claims arising out of the Connecticut Yankee Nuclear Decommissioning project, the Boston Central artery project, the Prairie State Generating Station, and, the most recently, the ongoing construction of the Plant Vogtle 3 and 4 nuclear units. Kevin's work experience includes international infrastructure projects in Europe, Asia, the Middle East, and South America.

Kevin is a regular speaker and author on construction law topics. He has conducted continuing education presentations on liability of design professionals, electronic discovery in construction disputes, the California and Federal False Claims Acts, bid protests, and anticipating litigation for problem projects.

Related Experience
Jones Day advised Oklahoma Gas and Electric Company on construction contracts for the Mustang Natural Gas Power Plant.
Jones Day represented the owners of a new coal fired power plant in an arbitration of claims for delay and defective work arising out of a $260 million contract for the design and installation of state-of-the-art air quality control systems.
Jones Day represented a leading EPC contractor in an arbitration of claims for delay and extra costs arising out of a $4 billion contract for the design and construction of two 800 MW super critical coal fired units.
Jones Day represented Georgia Power Company and the other owners of the Vogtle Units 3 & 4 Project in Waynesboro, Georgia in a 3-year litigation concerning more than $1.5 billion in alleged cost overruns relating to the licensing, design and construction of the first new nuclear power projects licensed in the U.S. in over 30 years.
Jones Day advised a leading EPC contractor on negotiations with a project owner to construct a new 1000 MW combined cycle power plant.
Jones Day represented a leading EPC contractor in its negotiation and ultimate resolution of claims for delay and defective work against the supplier of combustion equipment for a new $2 billion pulverized coal fired unit.
Port Arthur Refinery
Represent contractor in defense to claims by owner for cost increases arising out of $9 billion project for refinery additions. Contact: Kevin O'Brien.
Dominion – North Anna 3
Negotiate EPC contract for the construction of a new nuclear power plant in Virginia. Contact: Kevin O'Brien
New Line Cement Project
Represented owner in defense to claims from terminated contractor arising out of $500 million addition to cement plant in West Virginia. Contact: Kevin O'Brien
Boston Central Artery Project
Represented contractor in settlement of claims by owner for cost overruns. Contact: Kevin O'Brien
La Rosita Power Plant
Dispute arising out of subcontractor delays and failure to meet milestone standards. Contact: Kevin O'Brien
Athens Generating Station
Represent contractor in arbitration over the assessment of liquidated damages. Contact: David Buoncristiani/Kevin O'Brien
Trimble County Power Project
Defended claims for breach of contract brought by owner during the construction of coal-fired power plant. Contact: Kevin O'Brien.
Connecticut Yankee Atomic Power Co.
Represented contractor in disputes relating to the siting of a dry storage island for spent nuclear fuel. Contact: Kevin O'Brien
Citizens Bank Ballpark
Resolution of subcontractor claims. Contact: Kevin O'Brien
Connecticut Yankee Nuclear Decommissioning Project
Represented general contractor for the decommissioning of a nuclear power plant in state court litigation and in related litigation before the Federal Energy Regulatory Commission. Contact: Kevin O'Brien
University of California at San Francisco Parnassus Power
Contact: Kevin O'Brien.
Red Hills Power Project
Represented EPC contractor in claims involving construction of 440 MW lignite-fired power plant. Disputes involved project owner and major equipment supplier and were heard in multiple courts and before multiple arbitration providers. Contact: David Buoncristiani/Kevin O'Brien.
German Fiber Network Development Project
Represented EPC contractor in connection with build-out of a 1,000-mile telecommunication loop around Germany. Contact: Kevin O'Brien
Central Marin Sanitation Project
Defended claims brought by subcontractor. Contact: David Buoncristiani/Kevin O'Brien
Mahantucket Pequot Tribal Nation’s Foxwoods Casino
Negotiation and contract review for casino. Contact: Kevin O'Brien
Okeelanta and Osceola Cogeneration Plants
Represented general contractor in defending against defective work claims by plant owners and bondholders of waste-to-energy power plant to be fueled with scrap lumber and bagasse (sugar cane waste). Also represented general contractor in related litigation arising from termination of power purchase agreement. Contact: Kevin O'Brien
Foothill DeAnza Community College
Prosecuted claims against owner arising from construction of a parking facility. Contact: Kevin O'Brien
Sonoma County Jail
Represented the general contractor against claims by owner and subcontractors. Contact: David Buoncristiani/Kevin O'Brien
San Francisco Storm Outflow
Delay and disruption claims arising out of the installation of a storm outflow facility. Contact: Kevin O'Brien.
San Rafael Bridge Seismic Repairs
Advice regarding potential claims for additional compensation on seismic repairs. Contact: David Buoncristiani/Kevin O'Brien.
Southwest Ocean Outfall Project
Prosecuted and defended numerous bid protests before the Environmental Protection Agency and General Accounting Office relating to wastewater and water treatment plants, including defense of four separate protests to award of the largest contract ever made by the City and County of San Francisco. Contact: David Buoncristiani/Kevin O'Brien.
Related Events
January 31, 2012 and
February 1, 2012
Dallas and Houston, Texas
Contact
Office Phone +1.202.879.7678
Office Fax +1.202.626.1700
Education
  • University of San Francisco (J.D. cum laude 1984; Articles Editor, Law Review); Georgetown University (B.A. cum laude 1976)
Bar Admissions
  • District of Columbia, California, U.S. Court of Appeals for the Ninth Circuit, and U.S. District Courts for the Northern and Southern District of California, District of Columbia, and District of Maryland
Honors & Distinctions
  • Prior to joining Jones Day, Kevin was an integral member of the team that was awarded the 2008 and 2010 Chambers USA Awards for Excellence in Construction and has been recognized individually by Chambers as a leading lawyer in the area of construction law