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Frank L. Bigelis

Counsel Boston

Frank L. Bigelis serves as Counsel in Hinckley Allen’s Construction & Public Contracts group, with a practice focused on construction law and government contracts. A significant portion of his representation has been on “Mega-Projects” – both domestically and internationally. From front end negotiation and contract preparation, compliance and risk mitigation during construction, and ultimately through dispute resolution – Frank’s work has been part of some of the largest and most notable construction projects in the world.

His representation has included owners, developers, contractors, subcontractors, architects and engineers on worldwide projects with varied delivery mechanisms, including design-build, EPC, CM at Risk and the traditional design-bid-build. Frank has extensive experience in drafting agreements, performance risk-management, and dispute resolution under all standard forms of contract (AIA, DBIA, EJCDC, AGC and FiDIC) as well as customized contracts, such as EPC, DBOM, DBOMF, and other formulations of Public Private Partnerships (P3). His dispute experience includes, state and Federal Courts, AAA, ICC, as well as unique arbitration formats established in various countries, such as CeCAP in Panama. Frank has also focused on government contracts, (in areas including construction, services, supply and intellectual property) and the Federal Acquisition Regulations – he has prosecuted claims, including trials, before the various Boards of Contract Appeals as well as bid protests before the GAO and the Court of Federal Claims.

Experience

Tocumen Airport Expansion, Panama City, Panama

  • Represented international design-build contractor on disputes with various subcontractors arising from the construction of $1B new terminal at Tocumen airport.  Included arbitration under Panamanian Chamber of Commerce Rules (CeCAP) and successful award for contractor.

Fort Irwin Replacement Hospital, Fort Irwin, CA

  • Represented concrete contractor on claims before the Armed Services Board of Contract Appeals via liquidating agreement through general contractor. Conducted week-long trial in Los Angeles, CA (Dec. 2019) against Corps of Engineers. Trial completion postponed due to COVID-19. Negotiated favorable settlement in 2020-21, prior to trial completion.

The “Big Dig” – Boston, Massachusetts

  • Represented the 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.

Queensridge Towers – Las Vegas, Nevada

  • Represented owner/developer defending claims by contractor on construction of luxury development. After multiple weeks of arbitration proceedings, achieved amicable settlement between parties.

Texas Clean Energy Project

  • Advised international contractor on compliance with Department of Energy (“DOE”) regulations on federally funded clean energy project. Specific advice on patent rights and compliance with flow-down obligations for all parties performing work on the project.

Meadowlands Development – Rutherford, New Jersey

  • Represented design-builder on $130M dollar plan to cap and develop hundreds of acres of the Meadowlands in Rutherford, New Jersey. Dispute involved representation in 2 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.

Phoenix Children’s Hospital – Phoenix, Arizona

  • Acted as Project Counsel to contractor from contract award though final completion on $500M+ new children’s hospital.

UNLV Student Recreation Center – Las Vegas, Nevada

  • Represented Phoenix based contractor in multi-week arbitration against owner and mechanical subcontractor. Achieved favorable result, including award of costs and fees.

St. Helena Hospital – St. Helena, California

  • Represented Phoenix based contractor in disputes arising from green field construction of new hospital in St. Helena.

Fresno Federal Courthouse – Fresno, California

  • Represented joint venture prosecuting claims against the General Services Administration (“GSA”) during construction of new Federal Courthouse, including multiple Appeals before the CBCA. Also, defense against subcontractor claims, Miller Act proceedings in Federal Court, and multi-party mediation.

San Marteen Hospital – Las Vegas, Nevada

  • Represented Phoenix based contractor against claims by mechanical subcontractor.

Tren Urbano – San Juan, Puerto Rico

  • Represented international design-build-operate-maintain (DBOM) contractor on heavy rail construction.

Bureau of Indian Affairs School – Fort Wingate, New Mexico

  • Represented Phoenix based contractor in multiple claims and Appeals before the ASBCA.

Seward Power Plant – Pennsylvania

  • Represented international contractor in disputes arising out of construction of clean-coal fired power plant.

Victorville Cement Plant – Victorville, California

  • Represented electrical subcontractor on claims and disputes arising out of construction of industrial facility. Obtained favorable jury verdict after 7-week trial in Northern District of California Federal Court.

Credentials

Work Experience

  • Hinckley Allen
    • Counsel (2022-Present)
  • Frank L. Bigelis Construction Law
    • Owner (2018-2022)
    • Construction, Government Contracts and Project Counseling
  • K&L Gates LLP
    • Of Counsel – Miami, FL (2015-2017)
    • Energy, Infrastructure and Resources Team
    • Construction and Infrastructure
    • Government Contracts / Procurement
  • Kilpatrick Townsend LLP
    • Partner – Atlanta, GA (2004-2014)
    • Infrastructure and Construction Litigation Team
  • Smith, Currie & Hancock LLP
    • Associate – Atlanta, GA (2003-2004)

Charitable & Civic Involvement

  • National Eagle Scout Association

Professional Affiliations

  • National Council on Public Private Partnerships (NCPPP)
    • Instructor for Bootcamp Course (2016)
  • Atlanta Bar Association
    • Construction Law Section, Board of Directors, Member
    • Editor of Construction Newsletter (2009-2010, 2012-2013)
  • Concentrated Course on Construction Contracting
    • Federal Publications Seminars, Instructor
  • Design-Build Institute of America (DBIA), Southeast
    • Board of Directors, Member
  • Masters Institute on Construction Contracting
    • Federal Publications Seminars, Instructor
  • Aspen Construction Law Update (yearly)
    • Government Contracts Chapter, Author (2004-2013)

Bar Memberships

  • Georgia

Newsroom

Firm News

Construction and Public Contracts Attorney Frank L. Bigelis Joins Hinckley Allen

Hinckley Allen announces today that construction and infrastructure attorney, Frank L. Bigelis, has joined the firm as counsel in the Construction and Public Contracts group in its Boston office. He brings years of experience in construction law and govern…