T: (415) 623-7000 vCard San Francisco nmerrell@wthf.com
Nick Merrell is dedicated to delivering superior and cost-effective results in every dispute. His practice focuses on government contracts, construction litigation and suretyship. Nick has advised clients in a variety of venues and disputes, including international arbitration proceedings and federal government bid protests. He represents general contractors, designers, sureties, and owners on a wide variety of disputes, such as terminations for default, preparation of delay and disruption claims, fraudulent billing cases, avoidance of fraudulent real property transfers, advising government contractors on ethics compliance programs, small business affiliation issues, green building issues, licensure issues for both contractors and engineers, claims under prompt payment statutes and labor compliance disputes. During law school, where Nick graduated with academic honors, he interned with the Honorable Mary Gooden Terrell at the Superior Court for the District of Columbia.
Representative Matters
- Represented Dubai-based developer in connection with five arbitration proceedings arising out of failed slurry wall on Infinity Tower in Dubai Marina.
- Represented contractor against public utility protestor at the GAO in connection with award of $500 million military utilities privatization contract.
- Represented contractor in connection with protest of $2 billion logistical support contract for the National Science Foundation's Antarctic Program.
- Represented surety on zero-loss settlement from the City and County of San Francisco on $120 million bus procurement.
- Represent contractor on lawsuit for breach of joint venture agreement arising out of largest solar power project in the world.
- Obtained 100% recovery for prime contractor, plus interest and attorneys' fees, on $26 million shopping mall project outside of Sacramento, California with bankrupt owner.
- Negotiated 100% recovery on claims of prime contractor, plus award of additional completion work, on $11 million distressed commercial real estate construction project from receiver on lender's FDIC receivership.
- Negotiated with public entity to indemnify and defend prime contractor against prevailing wage claims on California public work of improvement due to uncertainty in unsettled area of law.
- Represented contractor in connection with successful conversion of state agency's wrongful termination for default into termination for convenience arising out of multi-million dollar complex construction litigation.
- Set aside debtor's transfers of a dozen real estate assets to shell companies based on violation of the Uniform Fraudulent Transfer Act.
Honors
- California Super Lawyers, Rising Star - 2012
Memberships and Affiliations
- LEED Accredited Professional
Publications and Presentations
- Lecturer: "Updates in California Construction Law," AACE International, San Francisco Bay Area Section, February 2012.
- Author: "Perfection! An Asset-Specific Guide to Creating Security Interests," From the Group Up, Winter 2011-2012.
- Moderator: "Integrated Project Delivery and BIM: Essential Tools for Earning LEED Certification,"
Greenbuild International Conference and Expo
, November 2010.
- Lecturer: "Allocating Risk on LEED Projects," Constructing Green Building's Legal Foundation: Regulatory Approaches and Practical Solutions for a Sustainable Future, September 2009.
- Author: "Defending Prompt Payment Actions With Statutory Settlement Offers," From the Ground Up, Winter 2007 - 2008.
