Ernest C. Brown, Esq., PE Partner Ernest C. Brown, ESQ, PE is highly experienced in construction contracts, negotiation, claims preparation, construction litigation, mechanic s liens, bid protests, public works law and insurance coverage. He has resolved more than 2,500 construction disputes, including complex mediations, arbitrations, litigation, court trials, jury trials, DRB's and other innovative ADR approaches. He is a graduate of MIT in Civil and Environmental Engineering and earned an MSCE - Construction Management and JD from the University, Berkeley. He also did graduate coursework at Harvard Law School in International Law. He is a senior construction lawyer and licensed civil engineer. His practice emphasizes very large and complex projects and construction disputes. He has handled major contract disputes and litigation on airports, bridges, highways, high rise office buildings, refineries, pipelines, storage tanks, water and wastewater treatment plants, and a myriad of other projects. Ernest frequently serves as Project Counsel, advising large joint ventures, design build entities, contractors and owners. His background in advising major domestic and international projects includes his service as Corporate Counsel, Fluor Corporation, 1980-1984. In that capacity, he taught an in-house construction law program to executives and project managers. Ernest also serves the construction industry and public sector as a Mediator, Arbitrator and Special Master for the American Arbitration Association. He regularly serves in that capacity in cases ranging up to $100 Million. International Projects From 1980 to 1984, Ernest was Corporate Counsel for Fluor Daniel, one of the world's largest engineering and project management companies. During that period, he was Project Counsel to the Saudi Petrochemical Project ($3.4 billion), the PERTAMINA Oil Refinery in Chilachap, Indonesia, the Kemya Project in Saudi Arabia, and several projects in Alaska, Chile and Canada. Prior to joining SCH, he founded and managed his own construction law firm with 19 lawyers and previously was a construction and litigation partner at Orange County's second largest law firm. ADR Experience Solano Beach v. [General Contractor], $1.6 million dispute resolved in 1 day Alaska Air National Guard v [General Contractor], $1.8 million dispute in Alaska resolved in 2 days Sukut v. City of Santa Clarita, $2.3 Million claim mediated in one day ecbrown@smithcurrie.com 244 California Street Suite 500 San Francisco, CA 94111 TEL: 415.655.2804 Los Angeles, California Office 355 South Grand Avenue, PMB #839 Suite 2450 Los Angeles, CA 90071 Practice Areas Alternative Dispute Resolution Construction Law Bar & Court Admissions State Bar U.S. District Court, Northern District U.S. District Court, Central District U.S. District Court, Eastern District U.S. District Court, District of Arizona U.S. Ninth Circuit Court of Appeals Other Experience California & Federal Public Works Claims for Delays and Extras Mechanics Liens Bidding and Protests Terminations for Default Construction Accidents Civil Trials and Appeals Administrative Hearings Mediation & Arbitration Education University at Berkeley, Boalt Hall School of Law, Berkeley,
Chromolloy Corporation v [Construction Team], $1.4 million Nevada roof collapse dispute resolved in 2 days. Experience Presidio Parkway, Doyle Drive P3 Project - San Francisco Advised design-build joint venture on the $1.2 billion project that serves as the new gateway to San Francisco. Oakland Airport Connector (BART) Presently serving as Project Counsel to the Oakland Airport Connector Project, a $450 million design-build transit system. John Wayne Airport Served as project counsel for the John Wayne Airport Project, including the design and construction of the new $340 million airport expansion. Central Arizona Siphons Served as lead trial counsel in litigation and settlement of $147 million pipeline claim in Arizona. Alfred-Zampa Memorial Bridge in California Served as project counsel for the joint venture on the $340 million Alfred-Zampa Memorial Bridge project. San Diego Sprinter Light Rail Represented complex light rail project contractor in the prosecution and settlement of $26 million delay and extra work claims. Crystal Springs Pipeline - California Served as lead defense counsel in litigation and settlement of $43 million pipeline claim involving the City of San Francisco. Coal Storage Silos - Casper, WY Represented general contractor in technical dispute over the design of reinforced concrete structures during the construction of a large Wyoming coal storage facility. Anaheim Ducks Arena Served as project counsel for the design-bid-construction of the Anaheim Arena. Tri-Valley Water Plant in New Jersery Represented a New Jersey Public Utility District on a $40 million construction claim regarding the Tri-Valley Treatment Plant on the Hudson River. Laughlin, Nevada SCE Power Plant Explosion Served as lead counsel for the general contractor against $250 million in claims associated with the SCE Laughlin, Nevada Power Plant Explosion. Nuclear Power Plant Project in Wisconsin California (1978 J.D.) Honors: Harmon Prize, Top Environmental Law Article University at Berkeley, Berkeley, California, (1978 M.S.C.M.) Massachusetts Institute of Technology, Cambridge, Massachusetts (1975 B.S.C.E.) Karl Taylor Compton Prize for Scholarship, & Outstanding Contributions to the MIT Community President, Chi Epsilon Engineering Fraternity
Representation of EPC contractor in nuclear power plant project. Manufacturer Defects Litigation Served as lead counsel in claim against wire manufacturer for defective pre-stressing wire and various related insurance coverage and bankruptcy matters (1996). Ethanol Plant Construction Dispute Representation of ethanol plant owner in construction dispute in Iowa. Dam Project in New Mexico Representation of engineering firm and assistance with claims preparation for dam project in New Mexico. Arbitrator for Utilities Relocation Claim in Nevada Served as Chairman and Arbitrator on a public utilities claim for costs associated with a coal gasification power plant flare relocation claim against various engineering firms. Reno International Airport Construction Work Special counsel for Reno International Airport on contracts development for runway extension and airside and landside facility expansion efforts (2006). Defense of Personal Injury Cases after Power Plant Explosion in Nevada Defense of numerous severe personal injury cases, six wrongful death cases and large property damage claims for power plant explosion in Nevada. Arbitrator for Casino Construction Claims Action Served as chairman and arbitrator for a casino's claim against designers and builders of the facility for project delay, code violations, and project abandonment. Honors & Awards Honorary President, Chi Epsilon Engineering Fraternity Karl Taylor Compton Prize for Scholarship & Outstanding Contributions to the MIT Community (1975) Articles & Publications California Infrastructure Projects: Successful Contracting and Dispute Resolution, Recorder Books, (2015) CEB's California Public Contract Law handbook Editor, Construction Contracts and Disputes Continuing Education of the Bar Co-author, Federal Publications and Cambridge Institute course manuals on architect-engineer malpractice A Practical Guide to Public-Private Partnerships, Publisher Design Group, Inc. (2015)
California Public Works: Contracts & Litigation (1999) Architect/Engineer Malpractice, Federal Publications, (1980) "What Lawyers Must Know About Asbestos," ABA Journal, Nov. (1987) "Architect/Engineer Liability Under California Law", Cambridge Institute (1992) Appearances Presentation at AAA Construction Conference - March 27, 2015 - Santa Monica, CA SCH Annual Construction Law Update Seminar - February 26-27, 2015 - Atlanta, GA P3 Presentation at Construction Superconference - December 2, 2014 - Las Vegas, NV Panel Discussion re Strategies for Success in the Post-Recession Economy - October 16-17, 2014 - Chicago, IL April 24, 2014 - Construction & Development Summit - Los Angeles, CA Workshop on Financing and Constructing P3 Projects - March 12, 2014 March 4, 2014 - P3 Panel Discussion at AGC National Convention - Las Vegas, NV December 12, 2013 - Construction Superconference - San Francisco, CA November 6, 2013 - Florida P3 Workshop October 4, 2013 - SCH Attorneys Keynote Speakers at DBIA Regional Conference August 8, 2013 - Construction ADR Tools in the Field March 8, 2013 - SCH Presentation at AGC National Convention February 21-22, 2013 - SCH Construction Law Update Conference 2013, Atlanta, GA December 13, 2012 - ConsensusDocs Program at Construction Superconference 2012 November 15, 2012-3rd Annual Federal Construction Law Update Seminar November 1, 2012 - Best Practices for Contracting with the Federal Government June 14, 2012 - SCH Presentation at Harris Martin IP Conference Professional Affiliations Member, State Bar (1978 - Present) Member, San Francisco Bar Association Orange County Bar Association, Construction Section, Founder and Chair Orange County Bar Association, Chair, Desert Shield Committee (1990-1991) YMCA of Orange County, 1990-1992, Board Member Saint Margaret's Episcopal School, Secretary, Board Member, & Chair of Building Committee (1995-1998) Volunteer Deputy District Attorney - Orange County (1995-1996)
Member, National Panel of Construction Arbitrators for the American Arbitrators Association Chair, Working Group for ConsensusDocs (Present) Member, ABA Forum on the Construction Industry (1980 Present) Co-Chairman, Construction Law Section of the California State Bar Member, National Society of Professional Engineers Member, Environmental Professionals Organization Professional Activities Adjunct Faculty, Construction Law, University (1979-1985, 2012-2013) Adjunct Faculty, Construction Law, UCI Extension (1983-84) Adjunct Faculty, Construction Law, Cal Poly Pomona (1981-82) Adjunct Faculty, Construction Law, University (1979-1980)