Christopher Lee

Over thirty-five years experience as a commercial litigator of multi-million dollar large complex cases, primarily in the construction industry. While Mr. Lee continues an active advocacy practice, but devotes the majority of his time serving as an arbitrator and mediator. He has more than 30 years of experience as a neutral, and has successfully resolved hundreds of domestic and international disputes.

Experience

Representative Commercial Cases: Handled as Advocate

• Represented Development Manager of Philadelphia Eagles Football Stadium in affirmative and defensive multi-million dollar claims following completion.

• Represented wholesaler in an action against its software consultants who claimed proprietary rights in client’s products and refused to supply source code necessary to support the products. Obtained TRO and preliminary injunction directing turnover of the source code. Defendants appealed asserting the complaint did not state a substantive RICO claim and that the court had no jurisdiction. After remand for further factual development, the District Court denied a motion to dismiss the amended complaint. The defendants ceased defending resulting in a permanent injunction and a judgment for $22,000,000.00.

• Represented clean room design builder in an action against former employees who misappropriated trade secrets and proprietary information to set up a competing business. Obtained ex parte order directing Federal Marshall to seize computers of former employees by arguing that notice to opposing party and/or counsel would create danger of destruction of digital information. Case resolved with monetary payment and consent order for permanent injunction. Competing business was discontinued.

• Represented former owner of a manufacturing facility in a diversity action seeking final installment payments. Purchasers defended asserting counterclaims for environmental clean-up costs assessed by PADER. Obtained summary judgment in client’s favor and defeated the counterclaim based upon contractual limitation period in sales agreement.

• Defended wholesaler and its principals in multi-million dollar RICO claim by a foreign supplier. Court entered summary judgment based upon the forum selection and choice of law clauses in the agreement between the parties.

• Defended Metropolitan Dade County in a multi-million dollar claim by manufacturer of mass transit rail cars. Succeeded in having trial court transfer the case to the Southern District of Florida, and defeated mandamus action in the Third Circuit seeking reversal.

• Represented investment banking firm seeking unpaid finder’s fee for financing. Obtained judgment for full amount and counsel fees which was affirmed on appeal.

• Litigated numerous bankruptcy preference actions and injunctions involving claims for breach of restrictive covenants in employment contracts. Representative Construction Cases Handled as an Advocate:

• Represented Construction Manager in completion of award winning glass office building after window manufacturer became insolvent. Negotiated completion agreement with surety to obtain product and negotiated a favorable resolution of client’s completion damages.

• Represented owner in claim against contractor and subcontractors for use of defective fill on strip mall. Recovered full $1,600,000 of damages after litigation and successful mediation.

• Defended owner in claim by general contractor for extras and delay damages on a multi-million dollar historic renovation project in Philadelphia. After twenty-three days of arbitration, general contractor was awarded 25% of its claim and settled for approximately 15% of its claim, an amount less than that offered in settlement at the outset of the case.

• Represented HVAC contractor in a claim against its design engineer arising from errors and omissions in the preliminary design-build plans prepared for bidding on an Atlantic City casino. The case was favorably settled after a two-week trial.

• Represented twenty-one subcontractors in a case against the owner, general contractor and lender on a multi-unit, low income project in Reading. The case was settled prior to trial for the full amount of the claim plus interest.

• Represented owner of a suburban low-rise office and warehouse facility in a claim against a contractor and design professionals for defectively constructed facade and window penetrations. Negotiated remedial construction at no cost to owner.

• Successfully defended owner on mechanic’s lien claim asserted by an architect after the architect had been terminated for failure to supply proper plans.

• Defense of architects and engineers in professional liability cases.

Significant Transactional Representations:

• Represented Development Manager for construction of the Philadelphia Eagles’ new football stadium (Lincoln Financial Field), including preparation and negotiation of client’s contracts with owner, architect, and construction manager.

• Prepared Pennsylvania contract documents for use by publicly traded developer of major auto racing venues.

• Preparation and negotiation of contract documents for development of an extreme sports facility in Trenton, New Jersey. Reported Cases:

• In re Blatstein, 192 F.3d 88 (3d Cir. 1999)

• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1995 WL 15479 (E.D.Pa.)

• Marlee Electronics Corp. v. Eclectic Technologies Corp., 1993 WL 30081 (E.D.Pa.); RICO Bus. Disp. Guide 8221 (1993)

• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1992 WL 392614 (E.D.Pa.)

• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc., 1992 WL 211544 (E.D.Pa.); RICO Bus. Disp. Guide 8148 (1992)

• Marlee Electronics Corp. v. Eclectic Technologies Corp., 1990 WL 171532 (E.D.Pa.)

• Seltzer v. Klein, 1989 WL 51288 (E.D.Pa.)

• Budd Company v. Mass Transit Administration and Metropolitan Dade County, Florida, 1986 WL 3852 (E.D.Pa.)

• Dynaforce Corporation v. Temp-Way Corporation, 80 B.R. 699 (U.S.B.C. E.D.Pa. 1987)

Work History

Mr. Lee is continues an active advocacy practice, but devotes the majority of his time serving as an arbitrator and mediator. He has more than 30 years of experience as a neutral, and has successfully resolved hundreds of domestic and international disputes. While his primary focus is in on complex construction disputes, he has served as a mediator in disputes involving many varied issues, including corporate and commercial transactions, real estate, products liability, bankruptcy, professional liability, and shareholder and partnership issues.

Employment Experience Kurtz & Revness, P.C. 2017-present Jacoby Donner, P.C., 1995-2016; Managing Shareholder, 2002 to 2008; Bolger & Picker, 1983-1995 Deputy Attorney General, Pennsylvania Department of Justice Law Clerk, Hon. Lois G. Forer, Common Pleas Court, Philadelphia, Major Civil Trials

Cases

Arbitration: Served as an arbitrator since 1987 on multi-million dollar commercial disputes, including:

• Served as Chair of panel for $400,000,000 dispute between two international joint venture partners concerning completion of tunneling project for the transportation authority of a major US city. • Served on panel for $40,000,000 dispute between mechanical contractor and EPC contractor on a solar power facility in southwest US. • Served on panel for $38,000,000 claim for wrongful termination of a USAID road contract project in Africa. • Served on panel for $40,000,000 claim by e-discovery vendor against customer for contract and termination charges. • Served as sole arbitrator on multi-million dollar claim by international construction manager on a failed resort development in the Caribbean. • Served as sole arbitrator on a $70,000,000 claim for lost profits on breach of European distribution agreement. • Served as Chairman for dispute between site contractor and owner alleging defective workmanship and delays. • Served as Chairman in a million dollar claim involving termination of contract for construction of a recycling facility. • Selected as sole arbitrator to hear evidence and interpret contractual provision relating to construction of a multi-million dollar national transportation facility. • Panel member on multi-million dollar claim on leaking façade of office building. • Sole arbitrator on million dollar claim on renovation of firehouse

Training

Trainer, AAA 40 hour ’Essential Skills for the New Mediator, 2016; Mediation Facilitor, AAA Advanced Arbitrator Training, 2014; Faculty, Expediting and Economizing Arbitration, Philadelphia, 2011; Faculty, Advanced Mediation Training, 2011; AAA/ICDR International Arbitrator Training, Washington, 2010; Advanced Mediator Training, Washington, D.C., 2010; AAA Arbitrator Ethics & Disclosure, 2006; Faculty, AAA Neutrals Conference, Philadelphia, 2005; Attended AAA Neutrals Conference (2003, 2005, 2007, 2010); AAA Construction Arbitrator II Training, Philadelphia, 2002; AAA Arbitrator Update 2003, 2001; attended AAA Mediator Conference, New Orleans, 2001; American Arbitration Association Basic Mediation Training (2 days, Denver 1999; 2 days; Phila. 1993; 3 days- Philadelphia 1998); American Arbitration Association Arbitrator Training (2 days Phila. 1995); Chartered Institute of Arbitrators- Special Fellowship Course (Vail, Colorado 1999); Chartered Institute of Arbitrators-International Commercial Arbitration Training (Charleston, S.C. 1997)

License(s)

Admitted to the Bar: Supreme Court of the United States, 1987; Third Circuit Court of Appeals, 1977; U.S. District Court, (1976); U.S. Court of Claims, 1990; Board of Contract Appeals, 1994; Pennsylvania Bar, 1976; New Jersey Bar, 1985; New York, 2015.

Education

Temple University School of Law (J.D.-1976)

Washington & Lee University (B.A.-1971).

Publications

Multiple course materials for seminars conducted through 2014

B. Christopher Lee contributed to the November 2004 edition of The Philadelphia Business Journal on the topic of ownership of architectural plans.

B. Christopher Lee contributed to the June 2004 edition of The Philadelphia Business Journal on the topic of the impact of payment bonds.

B. Christopher Lee contributed to the January 2004 edition of The Philadelphia Business Journal on the topic of conflict avoidance in construction.

B. Christopher Lee contributed to the August 2003 edition of The Philadelphia Business Journal on the topic of broad form indemnity.

’Indemnity Clauses -- How Much Risk is Too Much?’ Construction Today, General Building Contractors Association, Inc. Summer, 2003.

B. Christopher Lee contributed to the March 2003 edition of The Philadelphia Business Journal on the topic of construction releases.

’Whose Mediation is it Anyway?’ Construction Today, General Building Contractors Association, Inc. Issue 3, 2000.

’Written Employment Contracts for Association Executives - Should You Have One?’ Wisconsin Society of Association Executives Newsletter. September/October 1998.

’Understanding Subcontract Agreements.’ Sheet Metal Contractors’ Association of Philadelphia and vicinity. June 1992, Vol. 3, No. 11.

’Understanding Subcontract Agreements is Key.’ Tri-State Real Estate Journal, Construction Monthly. April 1990.

’Drafting Effective Construction Contracts,’ Construction Education Management Corporation. March 1990.

’Pennsylvania Mechanics’ Liens and Bonds.’ Professional Education Systems. 1988.

’How to Reduce the Risk of Claims on a Project with Careful Personnel Selection.’ Tri-State Real Estate Journal, Construction Monthly. February 1987.

’How to Avoid Working for Free.’ 1997

Awards

Since 2006 Mr. Lee has been selected by his peers to be listed in The Best Lawyers in America (Woodward & White) for Construction Law and Construction Litigation. In 2014 and 2018 he was named Philadelphia ’Lawyer of the Year’ for Construction Litigation. In 2015 he was named Philadelphia ’Lawyer of the Year’ for Construction Law, and was also listed for Mediation.The publication is regarded as a definitive guide to legal excellence in the United States.

In 2014 Mr. Lee was inducted into the National Academy of Distinguished Neutrals.

Since 2003 has served on the National Construction Dispute Resolution Committee which is the advisory committed to the AAA

Panels

Commercial and Large Complex Construction Arbitration Panel and the Master Mediation Panel of the American Arbitration Association

International Centre for Dispute Resolution

Associations

Chartered Institute of Arbitrators (Fellow); American College of Civil Trial Mediators (Fellow); International Bar Association;American Bar Association (Forum Committee on the Construction Industry, Construction Litigation Committee, Fidelity & Surety Committee); Pennsylvania Bar Association (Construction Law Committee; ADR Committee) Philadelphia Bar Association (Federal Courts Committee; Commercial Litigation Committee; Construction Committee); American Arbitration Association (Commercial, Construction, Mediator and Large Complex Case Arbitration Panels); National Construction Dispute Resolution Committee; Construction Financial Management Association, (Philadelphia Chapter Board Member); National Bond Claims Association; General Building Contractors Association (Affiliate Member); Building Contractors Association of New Jersey (Associate Member); American Concrete Institute (Affiliate Member); American Institute of Architects (Affiliate Member); Pennsylvania Council of Mediators.

Miscellaneous

Seminars/Speaking Engagements

Facilitator for AAA Training on advanced arbitration issues (May 2014)

Co-presented a webinar for the national Construction Financial Management Association on the topic ’ADR - Taking Control of Your Disputes to Save Time and Money’ (October 9, 2013)

Addressed GBCA and CFMA on Pitfalls of Green Construction (April 2010)

Panel Member/Presentor at a Jacoby Donner seminar conducted jointly with the construction insurance specialists of The Graham Company on ’The 2007 Revisions to the AIA Contract Forms -- A Further Look’ with Stanley B. Edelstein (February 28, 2008)

Addressed the CFMA on ’A First Look at the New AIA Documents and Consensus Documents’ with Stanley B. Edelstein (March 6, 2008).

Addressed the November Full Membership Meeting of the Building Contractors Association of South Jersey on ’A First Look at the New AIA Documents and Consensus Documents’ with Margaret M. Underwood and Stanley B. Edelstein (November 15, 2007).

Addressed the International Academy of Mediators at the Annual Conference in Philadelphia, PA (May 25, 2007)

Panel Member/Presenter at the AAA Mediation Conference, Miami, FL on ’Using Quantitative Evaluation Methods: Decision Trees in Construction Mediation’ (March 30, 2007).

Panelist, Dispute Resolution Division of the ABA Forum Committee on the Construction Industry on ’Arbitrator Disclosure to Avoid Vacatur of Awards’ (May 2006)

Spring Leadership Forum of the Construction Management Association of America on ’Legal Tools for Addressing Price Escalation in Construction Work’ (May 2006)

Panelist, American Subcontractor’s Association, Delaware Valley Chapter, on ’Impact of Owner Controlled Insurance Policies’ (March 2005)

Pennsylvania Institute of Certified Public Accountants on ’Pitfalls in Constructing Contracts’ (October 2004)

Panelist, American Arbitration Association on ’Best Practices in Complex Construction Arbitration’ (June 2004)

Construction Financial Management Association on ’Contractual Risk Transfer’ (December 2003)

NECA, South Jersey Chapter on ’Construction Claims in New Jersey’ (May 2003)

Construction Financial Management Association on current legal issues in construction (February 2002)

Lorman Education Services sponsored a seminar on ’Pennsylvania Construction Issues - Payment & Claims Process’ (December 2000)

Combined Industry Construction Affairs Council on ’Reintroduction to the New AIA 201’(February 1999)

Construction Financial Management Association on ’Introduction to the New AIA 201’ (January 1998)

Construction Financial Management Association on ’Understanding the Payment Process in Construction’ (1997) Pennsylvania Mechanics’ Liens and Bonds, Philadelphia and Pittsburgh (1989)