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William D. Wickard

Of Counsel
+1.412.355.8389
Fax +1.412.355.6501
Mr. Wickard concentrates his practice on construction and commercial litigation along with negotiating and drafting construction contracts. He has worked on a wide-variety of projects (both international and domestic), including oil and gas, offshore oil production facilities, power plants, manufacturing plants, railroads, solar power facilities, wind farms, water treatment plants, steel mills, dams, and health care facilities. Mr. Wickard has been involved in all phases of litigation in a number of state and federal courts, including jury trials, bench trials, injunction and TRO proceedings. He also has handled numerous appeals in several different state and federal jurisdictions. Mr. Wickard also has significant experience with arbitration proceedings. Mr. Wickard has also drafted and negotiated numerous construction contracts, including EPCs, subcontracts, design contracts, and supply contracts, for many different domestic and international projects. Mr. Wickard also represents clients in connection with public procurement issues and has extensive experience in all phases of bid protest proceedings throughout the country.

Additional Information

Publications
  • Co-Author, “Failure to Extend the Renewable Energy Production Tax Credit: Will It Send Wind Energy Investors Packing for Opportunities Abroad?” K&L Gates Legal Insight, September 13, 2012.
  • Co-Author, “Consequential Damages Waviers, An Important Contracting Tool,” The Expert Report, the Newsletter of the Duggan Rhodes Group, Winter 2012.
  • Co-Author, “Engineering, Procurement and Construction Agreement,” SolarTech Project Finance Contract Templates, December 1, 2010.
  • Co-Author, “The False Claims Act in Today’s Construction Industry,” Chapter 4 of 2008 Construction Law Update, published by Aspen Publishers.
  • Co-author, “Consequential Damages in Today’s Construction Industry,” Constructioneer, May 2008.
  • Co-Author, “Waving Good-Bye to Consequential Damages:  Drafting Effective Waivers in Today's Marketplace,” presented at The Construction Superconference, December 12-14, 2007.
  • “Pennsylvania Superior Court Holds that Owner and Contractor’s Subrogation Waiver is Enforceable Against Insurer that had no Notice of the Waiver,”  Construction and Engineering Alert, October 22, 2007.
  • Co-author, “Beyond EPLI: Coverage Issues for Employment-Related Claims,” Mealey’s Litigation Report: Employer Liability Insurance, January 2003  (Also presented at Mealey's Employment Liability Insurance Conference, June 24-25, 2002).
  • “Experts and Daubert Issues in Mold Litigation,” presented at The Pennsylvania Bar Institute’s Dealing with Mold Claims, January 29, 2003 and presented at Solving Water Intrusion and Mold Problems, May 14, 2002.
  • Co-author, “Recovering Construction Contract Damages Using the Total Cost Method, the Modified Total Cost Method, or the Abandonment of Contract/Cardinal Change Doctrines,” presented at The “Contractor’s” Construction Superconference, December 12-13, 2002.
  • Co-author, “Recent Employment Practices Liability Insurance Coverage Litigation,” Mealey’s Litigation Report: Employer Liability Insurance, November 2002.  (Also presented at Mealey's Employment Liability Insurance Conference, June 24-25, 2002).
  • University of Alabama Board of Trustees v. Garrett:  The ADA’s Eleventh Hour of Eleventh Amendment Abrogation,” Construction Law and Business, November/December 2001.
  • “The New Americans without a Disability Act:  The surprisingly successful plight of the non-disabled plaintiff under the ADA,” The University of Pittsburgh Law Review, Summer 2000.
Litigation and Dispute Resolution
  • Represented government contractor in all phases of bid protest proceedings throughout the country, including in Pennsylvania, Connecticut, New Mexico, Missouri, Indiana, Ohio, Michigan, New York, New Jersey, Virginia, Oregon, Maryland, Kentucky, Illinois, New Hampshire, California, Washington, Arizona, Texas and Louisiana. Results include obtaining an injunction blocking municipality from awarding contract to client’s competitor and requiring municipality to award contract to client as a result of municipality’s fraud; obtaining an injunction blocking municipality from awarding contract to client’s competitor and requiring municipality to reinstate client pending a rebid; and obtaining numerous decisions upholding an award to client.
  • Represented major Spanish contractor in Crescent Dunes Solar Project located in Tonopah, Nevada in an action filed by a potential subcontractor where an ex parte injunction was issued halting contractor's progress prior to retention. Obtained dismissal of lawsuit and vacation of injunction, allowing contractor's progress to continue. The Crescent Dunes project will be the largest power plant of its kind in the world and be the nation’s first commercial-scale solar power facility with fully integrated energy storage. It involves one 540-foot solar power tower and a field of thousands of large mirrors which reflect sunlight toward a receiver on the tower.
  • Represented large, international designer/subcontractor of a wet chop fiberglass production facility located in Tennessee in an international arbitration against claims brought by owner. Obtained summary dismissal of approximately $15 million of owner’s claims, which led to favorable resolution of proceeding.
  • Successfully defended a national third-party administrator of automobile insurance claims against antitrust, consumer protection and tort claims where plaintiffs claimed damages of approximately $200 million. Obtained summary judgment ruling from Colorado federal court, dismissing claims. Obtained opinion from Tenth Circuit affirming dismissal of plaintiffs’ claims.
  • Represented government contractor in two high profile “contractor on the battlefield” tort cases filed in Pennsylvania federal court. In one case, court dismissed soldier’s personal injury claims arising from alleged exposure to sodium dichromate at the Qarmat Ali facility in Iraq. In another case, court dismissed wrongful death claims arising from an accidental electrocution of a soldier in Iraq.
  • Represented non profit health care provider in arbitration and litigation regarding the construction of a health care facility for the elderly and disabled. Successfully resolved arbitration proceeding with general contractor. Successfully resolved Pennsylvania state lawsuit against architect after prevailing at the summary judgment phase of the litigation.
  • Represented railroad company and company’s president in Pennsylvania state lawsuit filed by general contractor regarding a railway construction project. Successfully resolved lawsuit after obtaining dismissal of lawsuit against company’s president at early stage of litigation.
  • Represented waste water treatment plant contractor in Pennsylvania state lawsuit against several different municipal entities and designers where municipalities withheld payment based on allegedly defective work and delays. Resolved lawsuit after prevailing at the motion to dismiss phase of the litigation.
  • Represented large natural gas producer in jury trial in Ohio federal court in dispute over whether equipment supplier had provided defective equipment for use in obtaining natural gas in the Marcellus Shale region.
  • Part of legal team that represented professional wrestling company in arbitration proceedings involving an ex performer’s claims that he was totally disabled as a result of post concussion syndrome. Obtained a defense verdict.
  • Represented consumable water company in Pennsylvania state court action to determine ownership of 1,200 acres of land with water aquifers, involving quiet title, ejectment, trespass and adverse possession claims.
  • Part of legal team that represented large aluminum manufacturer in litigation against federal government to recover costs manufacturer incurred for environmental remediation of numerous sites across the country that produced military equipment during World War II.
  • Represented a global technology supplier of hydraulics components in connection with disputes over a hydraulic gate lifting system on a federal lock and dam rehabilitation project.
  • Represented owner of 50 MW wind-powered electric generating project in dispute with turbine supplier regarding liability for defective turbines destroyed in a weather event.
  • Represented owner of a combined cycle power plant in a lawsuit filed in California federal court against the engineering firm that designed the plant, prosecuting owner's $10 million claim for various errors and omissions in the design.

Construction Contract Drafting/Consultation
  • Drafted, reviewed, revised and negotiated numerous construction contracts (including EPCs, subcontracts, design contracts and supply contracts) for solar power facilities in Canada and the United States (Hawaii, California, New Jersey, Utah, New Mexico, Arizona).
  • Conducted a comprehensive analysis, review and revision process for a large EPC contractor's suite of construction contracts (including subcontracts, design contracts and supply contracts) for use on large projects in numerous states, including Indiana, Illinois, West Virginia, Ohio and Kentucky.
  • Reviewed, revised and drafted an EPC for a major Spanish contractor for the construction of over 100 wind turbines for the Cape Wind Off Shore Wind Farm located off the Nantucket Sound. This Project will be the first off-shore wind project in the United States
  • Drafted various contracts for use by a French supplier of industrial gasses and services to design and install an air separation unit in a steel mill in Mexico.
  • Counseled numerous contractors on the issue of whether or not they need to be licensed as a contractor in numerous states throughout the country.
  • Drafted an engineering supervision contract for large Spanish Contractor for project which involved a high density computer center powered by a 240 MW co-generation plant to be located in Delaware, New Jersey or Pennsylvania. 
  • Drafted numerous contracts for use by oil and gas companies including master services agreements and drilling equipment contracts.
  • Drafted and negotiated a design contract for a large test bench facility for an international manufacturer of gearing for mining and wind industry.
  • Drafted a contract for the design and installation of a complex comprehensive steel mill control/processing system for a large steel company.
  • Drafted numerous miscellaneous contracts for a comprehensive commercial roofing and flooring contractor in the United States.
  • Drafted an early works agreement for a Project in Cerro Verde, Guatemala project where large Spanish Contractor was the EPC contractor for an Open Cycle Dual Fuel Combustion Turbine Power Station.