• Share
  • Email
  • Print

Frank L. Bigelis

Of Counsel
+1.305.539.3320
Fax +1.305.358.7095

Frank Bigelis focuses his practice on construction law and government contracts. Mr. Bigelis has experience representing owners, developers, contractors, architects, and engineers on worldwide projects with varied delivery methods, including design-build, EPC, CM at Risk, and the traditional design-bid-build. He has extensive experience in drafting, risk management and dispute resolution under all standard forms of contract (AIA, DBIA, EJCDC, ACG, and FiDIC) as well as customized contracts.

After contract, he has often worked with the client during the actual construction, providing real-time risk management advice and assistance, all towards an effort of completing a successful project and aiding the client to be in the best possible position should a dispute arise.

Mr. Bigelis has prosecuted and defended disputes in a variety of forums, including domestic and international arbitration, federal and state litigation, the Boards of Contract Appeals, mediation and dispute resolution boards (DRBs).

Mr. Bigelis has also focused on construction claims in government contracts, (and in areas including services, supply, and intellectual property provisions), bid protests and navigating the Federal Acquisition Regulations, the Contract Disputes Act, the False Claims Act and other federal regulations.

Professional Background

Prior to joining K&L Gates, Mr. Bigelis was a partner at an international law firm headquartered in Atlanta, Georgia. He has counseled and represented clients on construction projects in most industries, such as: power plants, hospitals, heavy and light rail, landfills, mixed use developments, vertical construction, casinos, industrial and chemical plants, water and wastewater, tunneling, mining, highway, Native American projects, schools, and other infrastructure mega-projects.

Before law school, Mr. Bigelis worked for a nationally-recognized consultant engineering and construction management firm. During that time, he was responsible for the design and construction of water treatment plants and water supply systems. As both a senior design engineer and project/resident engineer on large construction projects around the country, his responsibilities included coordination of the entire construction process from conceptualization and design, through submittal coordination, construction, and final completion.

Achievements

  • Selected to the Georgia Rising Stars list, Super Lawyers Magazine, 2006-2007, 2009-2010
  • Certificate of Specialization in Environmental Law, Tulane University

Professional/Civic Activities

  • Atlanta Bar Association
    • Member, Construction Law Section
    • Editor, Construction Newsletter, 2009-2010, 2012-2013
  • Member, Board of Directors, Design-Build Institute of America (DBIA) - Southeast Region
  • Member, International Bar Association

Speaking Engagements

  • Instructor, Concentrated Course on Construction Contracting, Federal Publications Seminars
  • Instructor, Public-Private Partnerships, Managing the Risks, The Seminar Group
  • Instructor, Protesting the Award, Federal and State Bid Protests, The Seminar Group
  • Instructor, Masters Institute on Construction Contracting, Federal Publications Seminars
  • Representing public owner on the largest infrastructure project in the history of the United States. Defense against claims by joint venture contractor in excess of $200 million. Over 100 days of a hybrid Dispute Resolution Board (“DRB) and arbitration proceedings. Prosecution and defense of over 20 actions in Superior Court and resultant appeals before the Massachusetts Court of Appeals and the Supreme Judicial Court. Vacatur of approximately $100 million in arbitration awards and replacement with Project Director Decisions denying entitlement to contractor.
  • Represented owner/developer defending claims by contractor on construction of high rise luxury condominium development in Las Vegas, Nevada. After multiple weeks of arbitration proceedings, achieved amicable settlement between parties.
  • Advised international contractor in preparing EPC Agreements for construction of a “NowGen” Integrated Gasification Combined Cycle (IGCC) facility that will incorporate carbon capture, utilization and storage (CCUS) technology in a first-of-its-kind commercial clean coal power plant, including compliance with Department of Energy (“DOE”) regulations on federally funded clean energy project.
  • Represented an EPC contractor in a KLRCA arbitration under UNCITRAL rules regarding subcontractor claims and disputes arising from the construction of an LNG facility.
  • Represented design-builder on over multi-hundred million dollar plan to cap and develop landfills in the Meadowlands, Rutherford, New Jersey. Dispute involved representation in two separate arbitrations, as well as parallel litigation in State Superior Court, Bankruptcy Court, and Federal Courts in New Jersey and Southern District of New York. Achieved favorable result from the State and surety/insurers.
  • Acted as Project Counsel to contractor from contract award though final completion on $500M new children’s hospital. Services included meeting with project team quarterly and monthly updates, advising on potential risks and assisting to mitigate them.
  • Represented joint venture on claims arising out of the construction of performing arts center in Miami, Florida.
  • Represented contractor in multi-week arbitration against owner and mechanical subcontractor on the construction of new student recreation center at University of Nevada, Las Vegas. Achieved favorable result, including award of costs and fees.
  • Represented contractor in disputes arising from green field construction of new hospital in St. Helena, California.
  • Represented joint venture prosecuting claims against the General Services Administration (“GSA”) during construction of new Federal Courthouse in Fresno, California. Also, defense against subcontractor claims, Miller Act proceedings in Federal Court, and multi-party mediation.
  • Represented contractor against claims by mechanical subcontractor on new hospital in Las Vegas, Nevada.
  • Represented international design-build-operate-maintain contractor on heavy rail construction in San Juan, Puerto Rico. Disputes included with public owner and with numerous subcontractors involved in construction.
  • Represented joint venture for claims against the Army Corps of Engineers for construction of Bureau of Indian Affairs School in Fort Wingate, New Mexico
  • Acted on behalf of intervenor contractor during bid protests to the GAO for the construction of levee system in southern Louisiana, over seen by the Army Corps of Engineers.
  • Represented joint venture on claims arising out of the construction of performing arts center in Miami, Florida.
  • Represented public owner on claims related to construction of CSO tunnel in Narragansett, Rhode Island.
  • Represented international contractor on construction of coal-fired power plant in Seward, Pennsylvania.