Tim Walsh

Partner
Norton Rose Fulbright US LLP


Biography

Recently recognized by "Who's Who in Energy" for his transactional and dispute work for energy and power facilities, Mr. Walsh specializes in front end construction, project development and dispute resolution.  He represents owners, developers, contractors, and design professionals in construction projects, including, energy and power plant facilities, commercial and industrial manufacturing plants, infrastructure support, warehouses, and storage facilities, hotel, condominium and multifamily residential housing developments, health care facilities, entertainment complexes, and shopping centers.

Mr. Walsh routinely represents owners, contractors, and design professionals in negotiation and drafting of development, design, engineering, construction, and related agreements including advice on partnering and integrated project delivery (IPD) contracts, trade labor and project labor matters, insurance, intellectual property protection, land use and zoning, environmental and building code regulations, professional licensing issues and accessibility laws.

Mr. Walsh's experience also includes the prosecution and defense of construction-related issues, breach of contract, mechanic's liens, design and construction defects, architectural and engineering design errors and omissions, and performance and payment bonds. He also has experience with building code and regulatory compliance; public and private prompt pay statutory claims; insurance coverage; claims related to project delay, compression and acceleration and liquidated damages; and extra work claims. Mr. Walsh routinely advises owner, developer and contractor clients involved in ongoing construction projects with respect to preservation of contract claims and defenses and best practices for preparing for impending dispute resolution.

Mr. Walsh has litigated in state and federal courts at both the trial and appellate levels and has substantial experience in the arbitration and mediation of disputes through the American Arbitration Association. He is admitted to practice in Missouri, Illinois, the U.S. District Court for the Eastern District of Missouri, the U.S. District Court for the Northern District of Illinois, and the US District Court for the Central District of Illinois.

Previously, Mr. Walsh was a Partner at another international law firm. He received his J.D. from Washington University School of Law in 2002, where he served as managing editor of the Washington University Journal of Law & Policy.


Professional experience

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JD, Washington University School of Law, 2002
BA, Political Science, cum laude, University of Missouri-Columbia, 1999

  • Illinois State Bar
  • Missouri State Bar
  • Negotiated and drafted construction contracts using guaranteed maximum price, cost plus, lump sum and other forms of contracting for infrastructure, commercial and manufacturing production facilities, energy and power plant facilities, hotel, condominium and multifamily residential housing developments, shopping centers, airports and other transportation infrastructure
  • Represented other owners and developers in public and private construction projects, including commercial and manufacturing production facilities, hotels, energy and power plant facilities, condominium and multifamily residential housing developments and shopping centers
  • Represented major multinational computer technology company in the planning, development, and construction of production factories, facilities, data centers, and warehouses
  • Advised leading designer and manufacturer of industrial heaters, temperature sensors, controllers and supporting software in the design, construction and operation of production facilities
  • Represented the leading global asset manager in the negotiation of design and construction contracts for multiple warehouses and production facilities
  • Represented numerous energy or power plant owners and developers in the planning, development, construction and project administration of new and retrofitting of coal and other power plants and storage facilities
  • Prosecuted and defended construction-related issues, breach of contract, mechanic's liens, design and construction defects, architectural and engineering design errors and omissions, and performance and payment bonds
  • Represented developers, contractors and design professionals in a variety of commercial litigation matters; and advised insurers on duty to defend, indemnity and settlement values for nationwide construction industry claims
  • Represented owners of power and energy facilities in litigation regarding damages for delay, failure to meet performance guarantees, drawing on letters of credit, defective work, and force majeure claims
  • Advised educational institutions, health care companies, residential developers, and others in LEED certification, green construction, sustainable building, and other resource optimization project delivery programs
  • Represented gaming company in defense of mechanic's lien foreclosure by general contractor and involving more than eighty subcontractors
  • Defended owner of power facility in intellectual property copyright violation claims by former design professional
  • Investigated catastrophic construction defect claims involving allegations of fraud and sabotage by trade unions and contractors
  • Advised financial institutions on lending oversight and project completion evaluations for construction loans
  • Represented numerous banks and financial institutions in bankruptcy workouts related to construction projects
  • Prosecuted defective work and delay claims by gaming company against contractors and installers
  • Prosecuted and defended other construction-related issues related to breach of contract, mechanic's liens, design and construction defects, architectural and engineering design errors and omissions, and performance and payment bonds
  • Advised numerous insurers on duty to defend, indemnity claims and settlement values for nationwide construction industry claims
  • The Best Lawyers in America, Best Lawyers, 2017, 2019
  • Irish Legal 40 Under 40, June 2016
  • Super Lawyers, 2016
  • Who's Who in Energy, St. Louis Business Journal, 2013 - 2016
  • MS Corporate Achiever, National Multiple Sclerosis Society, 2011
  • Nominated for 40 Under 40, St. Louis Business Journal
  • "Understanding Construction Contract Essentials" Half Moon Seminars Construction Contract Workshop, November 2, 2016
  • "Navigating Issues in Contract Administration" Half Moon Seminars Construction Contract Workshop, November 2, 2016
  • "Examining Legal Issues in Contract Disputes" Half Moon Seminars Construction Contract Workshop, November 2, 2016
  • "Handling Post Closing Issues" The Attorney's Guide to Real Estate Closings, National Business Institute, September 12, 2016
  • "Ethical Considerations in Real Estate" The Attorney's Guide to Real Estate Closings, National Business Institute, September 12, 2016
  • "Drafting/Negotiating Transactional and Construction Documents" Real Estate Development Law From Start to Finish, National Business Institute, March 1, 2016
  • "Managing Risk and Avoiding Pitfalls in Real Estate and Construction Development" Real Estate Development Law From Start to Finish, National Business Institute, March 1, 2016
  • "Executing Pre-Dispute Resolution at the Project Level" American Leaders EPC Contract Management Conference, January 13, 2016
  • "Pre-trial Considerations in Real Estate Litigation" Commercial Real Estate Litigation, National Business Institute, December 18, 2015
  • "Trying the Real Estate Case" Commercial Real Estate Litigation, National Business Institute, December 18, 2015
  • "Public Contracts and Procurement" Local Government Law: What Attorneys Need to Know, National Business Institute, May 12, 2015
  • "Default and Remedy Provisions from the Tenant and Landlord Perspective" Negotiating Commercial Leases in Shopping Centers, National Business Institute, April 9, 2015
  • "Build-Outs, Alterations, Tenant Improvements, and Controlling the Construction/Build-Out Process" Negotiating Commercial Leases in Shopping Centers, National Business Institute, April 9, 2015
  • "Insurance and Indemnity Provisions that Best Protect Your Client from Liability" Negotiating Commercial Leases in Shopping Centers, National Business Institute, April 9, 2015
  • "Material Changes, Owner Caused Delays, Critical Path Schedule Analysis and Impact Claims" American Leaders EPC Contract Management Conference on Developing Winning Risk Mitigation Strategies for Success in Drafting and Negotiating EPC Contracts, January 14, 2015
  • "Contractor Claims and Damages" National Business Institute Seminars, March 20, 2014
  • "Construction Contracts-Understanding Key Provisions" National Business Institute Seminars, March 20 2014.
  • "Design Professional and Project Management Contracts" National Business Institute Seminars, March 20, 2014.
  • "Construction and Design Contracts and Liens" National Business Institute Seminars, June 14, 2013
  • "Construction Delays and the Owner/Contractor Relationship: Contractual Duties and Responsibilities and Contract Time Change Specifications," Half Moon Seminars, Missouri Construction Law, March 30, 2012
  • "The Cost of Schedule Delays on Construction Projects and How to Avoid the War," Construction SuperConference 2010, December 16, 2010
  • "Closing Statements and Final Jury Instructions," NBI Civil Court Procedure and Strategy Bootcamp, June 14-15, 2010
  • "How to be Prepared When Litigation Strikes," 8th Annual CLE Seminar for In-House Counsel, June 30, 2010
  • National Multi-Family Housing Council
  • Association General Contractors of America-Construction Contracts Committee
  • American Bar Association Forum on the Construction Industry
  • Chairman of Consensus Documents Subcommittee on Commissioning Authority Agreements
  • Board of Adjustment, City of Town and Country, Missouri
  • President, Thornhill Estates Board of Trustees

Knowledge

Construction project document management

Publication | January 22, 2019

Trump tariffs: mitigating construction cost claims

Publication | March 15, 2018