Bio
Gary A. Wilson is a Senior Principal and Chair Emeritus of the Firm's Construction, Government Contracts & Surety Law Practice Group. His clients include public and private contractors, international corporations, and sureties involved in commercial and residential projects and transactions, as well as major energy and utility companies and others involved in complex contract negotiations, including with the federal government.
He has played a vital role in many successful matters including the resolution of every type of construction dispute. For more than 30 years, Mr. Wilson has represented clients in national and international litigation, arbitrations, and mediations. He is a Construction and Commercial Arbitrator for the American Arbitration Association (Large, Complex Case Panels), trained and experienced in mediation, arbitration, and alternatives dispute resolution (ADR), and has handled numerous construction and commercial matters handled under arbitration and mediation, serving as both a neutral and an advocate.
He is experienced in the full gamut of construction disputes, affirmative claims, and litigation. Mr. Wilson’s Construction practice involves public and private commercial construction, buildings, energy, heavy/highway, industrial, and institutional projects ranging in value from $1 million to $1 billion, while his Commercial practice includes complex litigation of commercial disputes, including class action antitrust litigation.
His extensive arbitration experience allows for proactive management of preliminary hearings, allowing consensus to be achieved with all parties. Mr. Wilson counsels for streamlined discovery and expedited hearings to minimize expenses, and to allow for fair and just decisions.
For energy and utility companies, Mr. Wilson also prepares and negotiates numerous large energy contracts, including the preparation and negotiation of energy construction contracts related to transmission line projects. He also represents and advises companies on the application of the Federal Acquisition Regulations, and advises companies overall on contract formation, surety bonds, and dispute resolution.
His more than 30 years of national and international litigation experience is buoyed by previous posts as Vice President at two major contract construction sureties and corporate counsel at one of the largest U.S. home builder/construction companies.
Mr. Wilson is actively involved in the Firm’s Class Action Defense, Energy & Utilities, and Shale Resource Practice Groups. He has played a vital role in several high-profile class action defense and class action/anti-trust commercial litigation cases, including successfully reducing a class size from 10,000 to 1,100 in a class action defense of a national residential home builder in state-wide litigation involving the construction of more than 10,000 homes.
He is AV Preeminent peer review rated with Martindale-Hubbell, and recognized as a Pennsylvania Super Lawyer in 2004 and 2012 and a Washington, D.C. Super Lawyer in 2015, 2017, 2018 and 2020 in the category of Construction Litigation.
Education
- J.D., Oklahoma City University School of Law, 1976
- B.A., University of Missouri, 1974
Bar Memberships
- Pennsylvania
- District of Columbia
- Virginia
- Texas
Court Admissions
- U.S. District Court for the District of Columbia
- Supreme Court of Pennsylvania
- Supreme Court of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Southern District of New York
- U.S. Court of Federal Claims
- U.S. District Court for the District of Connecticut
- U.S. District Court for the District of New Jersey
- U.S. District Court for the District of North Carolina
- U.S. District Court for the Northern District of West Virginia
- District of Columbia Court of Appeals
- U.S. Court of International Trade
Affiliations
- American Bar Association (Tort Trial and Insurance Practice Section, Fidelity and Surety Law Committee, Vice Chair; Forum on the Construction Industry)
- International Association of Defense Counsel
- Associated General Contractors of America (AGC)
- Construction Group Advisory Board for Thomson Reuters Construction Contracts Law Report
- National Bond Claims Association
- Washington, D.C. Bar
- State Bar of Pennsylvania
- State Bar of Texas
Representative Cases
- Successful class action/anti-trust defense of a Korean multi-national manufacturer of the artificial sweetener aspartame.
- Successfully reduced class size from 10,000 to 1,100 in a class action defense of a national residential home builder in state-wide litigation involving construction of more than 10,000 homes.
- Successful negotiation and resolution of litigation involving construction of several large retail stores.
- Successful resolution of an oil and gas production facility construction dispute in Brazil exceeding $200 million.
- Preparation and negotiation of energy construction contracts related to a $1 billion transmission line project.
- Currently provides reinsurance analysis and audit work related to construction and surety bond risks for various reinsurers, including a large multi-national reinsurer in Bermuda.
Client Advocacy Experience
- Construction litigation, arbitration and mediation in state and federal courts in PA, NY, VA, MD, NJ, NC, WV, DC, DE, AK and FL. Also, construction claims and litigation in the Court of Federal Claims and government contract claims.
- Approved counsel for one of the largest U.S. general contractors, handling a variety of litigation disputes.
- Construction litigation, contract formation and dispute resolution nationally and internationally for projects and disputes up to $1 billion.
- Successful resolution of international oil & gas energy production facility construction dispute in Brazil exceeding $200 million involving Petrobras contract.
- Energy Contracts preparation and negotiation for $1 billion electric transmission line project.
- Successful defense of large shipyard owner regarding construction disputes arising from construction of several ships.
- Class action defense of national residential homebuilder in state wide litigation involving construction of over 10,000 houses.
- Representation of international contract sureties involving numerous contract surety construction project defaults and terminations requiring work-outs and completion.
- Class action/anti-trust commercial litigation involving defense of Korean multi-national company and international production of aspartame.
- Representation of large gas utility owner in contract negotiations for CHP gas supported electrical generation facilities with end user large private companies.
- Successful resolution of construction litigation involving 11 national supercenter “big box” stores located in several states.
- Successful resolution of Pittsburgh Airport surety litigation involving construction and design of complex rebar concrete structures after beam collapse during airport construction.
Alternative Dispute Resolution Experience
Mr. Wilson’s decades of experience in arbitration, mediation and ADR includes:
- International and domestic representation of international construction companies, large commercial entities, owners, developers, and other parties.
- Extensive experience with the full variety of litigation and dispute resolution arising out of construction, complex commercial matters, and other related disputes.
- Prior to private practice served as highest executive officer in charge of resolving every type of commercial and construction disputes on an international basis.
- Member of the American Arbitration Association's Construction and Large, Complex Commercial Case Panels.
- Panel arbitration of large multi-use retail center (hotel, offices, retail) construction and financial dispute.
- Panel arbitration of international global credit insurance policy dispute.
- Panel arbitration of mall renovation HVAC project involving national retail store.
- Arbitrated commercial building construction dispute with new and restoration work resulting in affirmative and defensive claims.
- Arbitrated new building construction resulting in claims and counterclaims asserted by general contractor and subcontractors.
Alternative Dispute Resolution Training
- AAA Effective Advocacy and Management in Arbitration 2015
- AAA Panel Dynamics: Effective Techniques for Panelists 2014
- AAA Construction Conference: Cutting Construction Arbitration Costs Without Compromise, 2012
- ABA Midwinter Joint Meeting: Do You Think It's Alright? Pushing the ADR Envelope, 2011
- AAA Fall Construction Conference: Planning Resolution Strategies, 2010
- AAA Construction Conference: Maximizing ADR Advocacy for Today's Economy, 2009
- AAA Construction Conference: ADR Works, 2008
- AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006
- AAA Construction Arbitrator II: Advanced Case Management Issues, 2005
- AAA Arbitrator I Training-Fundamentals of the Arbitration Process, 2005
Speaking Engagements
- "American Conference Institute's National Advanced Forum on Litigating Contract Surety Bond and Fidelity Insurance Claims" (October 2012)
- "Defending and Prosecuting Construction Claims: From Defending 'Qui Tam' Actions to Recovery of Affirmative Claims on Federal Projects," Construction Superconference, San Francisco, CA (December 8, 2006)
- "Risk Avoidance and Management for Infrastructure Projects," The Owners International Construction Superconference, London, UK (May 8-9, 2006)
- "What Construction Managers Should Know About CAD Models," The "Contractor and Construction Manager Issues" Construction Superconference, San Francisco, CA (December 9, 2005)
- "How Owners Should Deal with Changes During Construction and When Claims Are Made After Completion," The Owners International Construction Superconference, London, UK (May 17, 2004)
Publications
- Co-Author, "Chapter 44: Alternative Dispute Resolution" in LexisNexis' Regulation in the Natural Gas Industry, Publication 311 Release 31 (November 2016)
- Author, "Arbitration Versus Litigation: Choosing the Right Strategy for Complex Construction Claims," Association of General Contractor's (AGC) Constructor Magazine (November 2014)
- Co-Author, "Recent Developments Regarding Bad Faith Actions Against Sureties," International Association of Defense Counsel (December 2004)
- Co-Author, "Sureties Rights to Pursue Claims Against the United States Government," International Association of Defense Counsel (December 2001)
- Co-Author, "Government Contractor Subrogee May Rely on Tucker Act's Waiver of Sovereign Immunity to Bring Suit Against Government," West Group Construction Contract Law Report (June 1, 2001)
News & Insights
Education
- J.D., Oklahoma City University School of Law, 1976
- B.A., University of Missouri, 1974
Bar Memberships
- Pennsylvania
- District of Columbia
- Virginia
- Texas
Court Admissions
- U.S. District Court for the District of Columbia
- Supreme Court of Pennsylvania
- Supreme Court of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Southern District of New York
- U.S. Court of Federal Claims
- U.S. District Court for the District of Connecticut
- U.S. District Court for the District of New Jersey
- U.S. District Court for the District of North Carolina
- U.S. District Court for the Northern District of West Virginia
- District of Columbia Court of Appeals
- U.S. Court of International Trade
Affiliations
- American Bar Association (Tort Trial and Insurance Practice Section, Fidelity and Surety Law Committee, Vice Chair; Forum on the Construction Industry)
- International Association of Defense Counsel
- Associated General Contractors of America (AGC)
- Construction Group Advisory Board for Thomson Reuters Construction Contracts Law Report
- National Bond Claims Association
- Washington, D.C. Bar
- State Bar of Pennsylvania
- State Bar of Texas