Areas of Experience
National and International Arbitration and Dispute Resolution • Complex Commercial Litigation • Construction Litigation • Energy Litigation • Insurance Litigation • Supreme Court and Appellate • Transportation Policy and Regulation • Litigation • Government Contracts • Transportation • Europe • Latin America • Middle East • North America
Paul’s practice focuses primarily on counseling and resolving disputes on behalf of owners, contractors, design engineers and financial institutions in the planning, design and construction of large projects in the United States and overseas, including hydroelectric projects, power plants, pipelines, hotel and resort developments, office developments, subways, airports, locks, tunnels, mines, bridges, highways and water treatment facilities.
Practice & Background
Mr. Killian’s practice involves Alternative Dispute Resolution as well as litigation before U.S. appellate and district courts, state courts, the Court of Federal Claims, federal boards of contract appeals, and U.S. and international arbitration panels. He has served as lead counsel in more than 25 major trials. In addition, he has handled government contract disputes before numerous U.S. agencies, including the departments of Defense, Transportation, Labor, State and Energy; the General Services Administration; and the U.S. Army Corps of Engineers, as well as before numerous state transportation departments. Examples include:
- WMATA Subway – Represented joint venture partners on the construction of three subway tunnels and related stations.
- North Shore Tunnel, Milwaukee, Wisconsin – Represented the City of Milwaukee in litigation on a six-mile, 30-foot diameter tunnel.
- ASARCO Mine, Arizona – Represented the contractor on claims arising from the construction of an underground tunnel for a copper mine.
- Hampton Corners Salt Mine, New York – Represented the contractor/designer in litigation relating to the construction and design of the first salt mine constructed in the United States in over 25 years.
- Weehawken Tunnel Project, New Jersey – Represented the joint venture in litigation relating to the construction of a light rail project.
- Tennessee Tombigbee Waterway – Represented contractors on claims and litigation relating to the construction of three locks and dams.
- Lock and Dam 26 on Mississippi River – Represented the joint venture partners and their sureties on claims and litigation against the US COE and subcontractors relating to the construction of Lock and Dam 26 near St. Louis, MO.
Buildings/Mixed Use Developments
- Montgomery County, Maryland, Infrastructure – Selected by the County Council to represent Montgomery County to evaluate, litigate and resolve major disputes relating to the construction of their correctional institution.
- Belize Resort – Represented the contractor/developer to litigate and resolve disputes relating to the construction of a resort development in Belize.
- North Star Housing Project, Fairbanks, Alaska – Represented a military housing developer with respect to claims and litigation relating to a housing project.
Power Plants/Wastewater Facilities/Alternative Energy
- Multiple Power Plant Projects - Provided advice and litigation to contractors and suppliers with respect to the design, construction and rehabilitation of power plants in multiple states including CO, FL, IL, IN, KY, MO, OH, PA, SC and TX.
- Wind Farm Projects – Represented contractors with respect to claims relating to the construction of major wind farms in multiple states including IL, IN, MD, OK and PA.
- Bowery Bay Interim Plant Upgrade, New York City - Representing a joint venture with respect to the construction of a wastewater facility for the New York DEP. After removing the threat of default, substantial claims were prepared and submitted to the Comptroller of NYC and resolved.
Alternative Dispute Resolution Experience
In addition to the projects listed above, Paul has had substantial other ADR experience including arbitrations and multiple party mediations. Examples include:
- Richard B. Russell Dam, Elberton, Georgia – This hydroelectric project included a concrete dam, powerhouse embankments, and canal. Worked with the Corps of Engineers to develop and hold the first "mini-trial" for the construction industry. After a multi-day ADR proceeding, all claims were negotiated and settled. The COE adopted this procedure in future projects.
- Level 3 Fiber Optic Network – Retained as lead counsel by the Board of Directors of two companies to evaluate and then mediate settlement for cost overruns experienced on a $5 billion nationwide fiber optic network.
- Liberty Place II, Philadelphia, Pennsylvania - Negotiated removal of the litigation from Federal Court and established arbitration through the AAA with the parties agreeing to three arbitrators. The dispute concerned the construction of a $250 million office and retail development project. The matter was successfully arbitrated on behalf of the clients.
- Lacey V. Murrow Bridge, Seattle, Washington – Represented the contractor and its surety in litigation resulting from the sinking of the 6,500 foot Lacey V. Murrow Bridge. The client was sued by the State of Washington. Negotiated a mini-trial type ADR proceeding which involved the State of Washington, FHWA, the designer, and the contractor and its surety. All claims were successfully resolved.
- Diplomat Resort, Florida - Retained by the United States Department of Labor Trustee to provide construction administration, evaluation, litigation and dispute resolution advice related to the construction of a $1 billion mixed use resort in Florida. Through extensive mediations, all claims were resolved.
Alternative Dispute Resolution Training
Partner, Sutherland Asbill & Brennan LLP, 1992-2002
- AAA Arbitration Fundamentals and Best Practices, 2014
- Chartered Institute of Arbitration, 2014
- Willem C. Vis International Commercial Arbitration Moot, 2009 - 2015
- Center for International Legal Studies, Visiting Professorship Training, 2012
- Member, AAA Construction Panel
- Member, CIArb
- American Bar Association
- Virginia, DC and New York State Bar Associations
- International Bar Association
- American Society of Civil Engineers
- Partner, Akin Gump Strauss Hauer & Feld LLP, 2002-2015
- Partner, Sutherland Asbill & Brennan LLP, 1992-2002
- Partner, Watt Tieder Killian & Hoffar, 1978-1992
- Associate and Partner, Lewis Mitchell & Moore, 1972-1978