Albert Bates, Jr.

Albert helps clients resolve U.S. and international construction disputes, particularly in the areas of power generation, infrastructure, and heavy industrial process facilities. He also advises clients on project planning, project execution, and change management on large engineering, procurement, and construction projects. Albert has counseled clients on more than 15 mega-projects, including projects in the U.S. and internationally, as well as projects in excess of $10 billion. He has acted as counsel on coal, gas-fired, solar, nuclear, biomass, and hydroelectric power generation projects; tunneling projects; chemical plants; pharmaceutical plants; steel mills; coke and coal byproduct plants; mass transit, bridge and highway projects; airports; mixed-use facilities; and sports and entertainment venues.

In addition to serving as counsel in arbitration matters, Albert has served as an arbitrator or mediator on more than 150 U.S. and international construction and commercial disputes, including multiple matters with amounts exceeding $100 million. Albert is a fellow of the Chartered Institute of Arbitrators, is a fellow in the College of Commercial Arbitrators, and is a certified mediator by the International Mediation Institute. From 2008-2019, Albert served as a member of the board of directors of the American Arbitration Association/International Centre for Dispute Resolution. In addition, Albert is honored to be an inaugural member of the AAA’s Mega-Project Construction Panel of Arbitrators.

Chambers USA gave Albert a Band 1 rating in Construction. He is also recognized as a Leading Lawyer in Construction by The Legal 500 and is listed in The Best Lawyers in America, Who’s Who Legal, and the International Who’s Who of Construction Lawyers. Albert is a fellow in both the American College of Construction Lawyers and the International Academy of Construction Lawyers.

Construction Projects

• International Power Project: Hydroelectric/Tunneling – Counsel to Strabag SpA in conjunction with the negotiation of a nearly $2 billion amended and restated construction contract on the 531 MW Alto Maipo Hydroelectric Project near Santiago, Chile. The financial restructuring of the more than $3 billion project closed in May 2018. The amended project scope includes approximately 73 kilometers of tunnels through the Chilean Andes Mountains.
• International Power Project: Hydroelectric/Tunneling – Counsel to Strabag SpA in conjunction with the resolution of certain disputes on the 531 MW Alto Maipo Hydroelectric Project near Santiago, Chile. The amendment of the construction contract, and subsequent financial restructuring of the project, occurred in March 2017. Strabag’s work included approximately 45 kilometers of tunneling in the Chilean Andes.
• Power Project: Nuclear – Counsel to Westinghouse Electric Company LLC in connection with disputes between WEC and its consortium partner arising from the engineering, design, and construction of four WEC AP 1000 nuclear power plants in the southeastern United States, two at Plant Vogtle in Waynesboro, GA and two at the V.C. Summer plant in Jenkinsville, SC.
• Infrastructure Project: Public Owner – Construction counsel to a public owner in connection with a multibillion-dollar design-build bridge and highway project in the U.S. International Military; Construction Project: Counsel to the general contractor in an arbitration with its joint venture partner arising from a military construction project in Guantanamo Bay, Cuba.
• Power Project: Solar – Construction counsel to SolarReserve LLC in connection with the Crescent Dunes Project in Tonopah, NV.
• International Power Project: Solar – Counsel to SunPower Corporation in an international arbitration arising from the construction of a 68 megawatt merchant solar power plant in the Atacama Desert in north-central Chile.
• Infrastructure Project: Public-Private Partnership – Served as Pennsylvania construction counsel to the Pennsylvania Rapid Bridge Replacement Public-Private Partnership, which entails nearly $1 billion in financing, the rebuilding of almost 600 structurally deficient, non-tolled bridges throughout the Commonwealth, and the operation and maintenance of those bridges for 25 years over the course of repayment.
• International Oil Pipeline Project – Counsel to Bechtel, the Program Manager (engineering management, procurement, and construction management) for TransCanada, on matters related to the Keystone Pipeline XL Project.
• Power Project: Supercritical Coal – Arbitration and litigation counsel to Aker Kvaerner Songer, Inc. in a series of cases arising from engineering, procurement and construction of Council Bluffs Energy Center Unit 4, a 790-megawatt supercritical coal-fired electric generating facility in Council Bluffs, IA.
• Power Generation: Hydroelectric – Capital Projects – Construction counsel to Oglethorpe Power in connection with certain capital projects at its Rocky Mountain hydroelectric plant.
• Power Generation: Biomass and Combined Cycle – Capital Projects – Construction counsel to Oglethorpe Power in connection with a multibillion-dollar procurement and construction program for a series of biomass and gas-fired power generating facilities.
• Power Project: Supercritical Coal – Prudency Counsel – Prudency counsel to Kansas City Power & Light with respect to a series of rate cases in Kansas and Missouri arising from the construction of Iatan 2, an 850-megawatt supercritical coal-fire power-generating facility in Iatan, MO.
• Power Generation: Solar – Capital Projects – Construction counsel to SunPower in connection with the engineering, procurement, and construction of several domestic and international solar power generating facilities.
• Power Project: Coal – AQCS Upgrades – Counsel to Marsulex Environmental Technologies Inc., the EPC contractor, in connection with disputes arising on Flue Gas Desulfurization system upgrades at three coal-fired power plants in Utah.
• International Power Project: Coal – AQCS Upgrades – U.S. construction counsel to Marsulex Environmental Technologies Inc., the EPC contractor, in connection with tenders on Flue Gas Desulfurization system upgrades in Chile.
• Power Project: Combined Cycle – Litigation counsel to Aker Kvaerner Songer, Inc. in two cases arising from the construction of the 580-megawatt combined-cycle Ontelaunee Energy Center near Reading, PA.
• Power Project: Nuclear Remediation – Represented Southern California Edison in defense of claims by its demolition contractor on certain demolition and disposal work at a decommissioned nuclear power facility in California.
• Steel Mill: Greenfield Construction – Litigation counsel to Mannesmann Demag, the EPC contractor for the construction of a greenfield steel plant in Davenport, IA, against nearly $300 million in claims asserted by IPSCO Steel, Inc.
• Air Separation Plant – Arbitration counsel to Kvaerner Industrial Constructors, Inc. in arbitration proceedings arising from the construction of an air separation plant in Freeport, TX.
• Asset Mill: Bankruptcy Matter – Litigation counsel to SMS Demag, Inc. and SMS Meer GMBH in two related cases arising from the supply and installation of an assel and stretch-reducing mill in Rosenberg, TX.
• Sinter Plant: AQCS Project – Litigation counsel to United States Steel Corp. in a breach of contract, breach of warranty and engineering negligence action involving deficiencies in the design and construction of a sinter plant emissions-control system at its Gary Works.
• Steel Mill Dismantling – Litigation counsel to a dismantling contractor in a $70 million loss of productivity and lost-profits claim arising from the owner’s alleged actions and/or inactions on 10 large dismantling projects throughout the eastern United States.
• Pharmaceutical Plant: Greenfield Construction – Arbitration counsel to PPG Industries in a series of arbitration proceedings related to the engineering, procurement, and construction of a pharmaceutical intermediate plant in LaPorte, TX.
• Norwegian Naval Vessels – Construction counsel to the controls, packaging and ancillary functions subcontractor in a delay, disruption and inefficiency claim against Pratt Whitney for the propulsion systems for Skjold Class Missile Fast Patrol Boats for the Norwegian Navy.
• Universal Studios Florida: CitiWalk Project – Litigation counsel to Baker Mellon Stuart Construction Inc., the general contractor, in a series of related cases in federal and state court in Florida arising from the construction of the Universal Studios Florida “CitiWalk” project.
• Pennsylvania Capital Addition – Litigation counsel to the Commonwealth of Pennsylvania in a series of disputes arising from the construction of a $125 million addition to the State Capitol Building.
• Mixed-Use Complex: Greenfield Construction – Litigation counsel for the architectural joint venture and its consulting engineers in a multimillion-dollar loss of productivity and additional services claim against the owner/developer of a convention center hotel, office, and retail complex in Pittsburgh, PA.
• Infrastructure Project: Highway and Bridge Project – Prosecution of a claim for engineering additional fees for Michael Baker Jr., Inc. and defense of breach of contract and engineering negligence action by PennDOT relating to the Market Street Bridge in Williamsport, PA.
• Infrastructure Project: Subway Tunnel – Arbitration counsel to the Port Authority of Allegheny County in a multimillion-dollar delay, impact and differing-site-condition claim by the general contractor and its tunneling subcontractor on the Mt. Lebanon Tunnel for the Light Rail Transit System.

Commercial, Environmental, and Other Business Disputes

• Supply Contract – Representation of a large U.S. producer of alumina in a breach of contract action against a United Arab Emirates metals trading company and its Indian parent for refusing to accept delivery of contracted quantities of alumina.
• Asset Sale – Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1974 asset purchase agreement.
• Asset Sale – Representation of Beazer East, Inc. in an arbitration arising from the leveraged buyout of the Commercial Roofing Division of Koppers Company, Inc. This arbitration involved whether the purchaser had agreed to assume and indemnify the seller against certain commercial roofing warranty and product liability claims.
• Asset Sale – Representation of Beazer East, Inc. in litigation involving the indemnification obligations of the parties for certain environmental remediation costs pursuant to a 1978 asset purchase agreement.
• Asset Sale – Representation of Baker Heavy & Highway and its parent, Michael Baker, Inc., in a breach of contract, breach of warranty and indemnification action arising from the sale of certain assets of Baker Heavy & Highway, Inc.
• Asset Sale – Defense of potential purchaser of a collection of businesses involved in the manufacture, sale, service, and maintenance of sportfishing vessels in North Carolina.
• Environmental Cost Recovery – Representation of Beazer East, Inc., a former owner of a coke and coal chemical by-product recovery and refining plant, in a lengthy CERCLA cost-recovery action involving the Woodward Coke plant in Birmingham, AL.
• Environmental Cost Recovery – Representation of Beazer East, Inc., a former owner of a coke and chemical by-product recovery and refining plant, in a lengthy CERCLA and RCRA cost- recovery action involving the Toledo Coke plant in Toledo, OH.
• Environmental Cost Recovery – Representation of Beazer East, Inc., a former owner of a number of coal chemical by-product recovery, refining and disposal facilities, in a number of mediations and other alternative dispute resolution procedures involving the allocation of responsibility among various potentially responsible parties for environmental remediation and removal costs.
• Insurance Coverage – Representation of North River Insurance Co. in a $20 million insurance coverage matter involving whether current owner had any interest in, or is otherwise afforded coverage by, umbrella and excess-umbrella policy issues to former owner prior to the divestiture of certain business units when former owner remained in business and sought to apply coverage to other potential losses.
• Insurance Coverage – Representation of general contractor in an insurance coverage dispute arising under a “wrap-up” insurance policy as a result of the failure of structural members during the construction of the Greater Pittsburgh International Airport.
• Bankruptcy Matter – Representation of the Official Committee of Unsecured Creditors in connection with the investigation and assessment of the validity and avoidability of certain security interests of the secured lenders, and assessment of potential claims against the directors and officers of the debtor, in the Chapter 11 reorganization of Birch Telecom, Inc.
• Bankruptcy Matter – Representation of PNC Bank, the secured lender, in adversary proceedings to recover for deterioration of cash collateral as a result of the alleged failure of Visteon Corp. and Delphi Automotive Systems, LLC, to adequately provide post-petition debtor-in-possession financing to a tier-2 automotive supplier.

• Best Lawyers in America®: “Lawyer of the Year” in Mediation (2022)
• Fellow, International Academy of Construction Lawyers (2021)
• Best Lawyers in America®: Arbitration (2011-2026), Construction Law (2007-2026), Litigation – Construction (2011-2026), Mediation (2011-2026)
• Fellow, American College of Construction Lawyers (2012-present)
• Chambers USA: Construction, Pennsylvania (2014-2025) and Construction: International Disputes – Nationwide (2025)
• Super Lawyers®: Pennsylvania (2004-2023)
• Pittsburgh Construction “Lawyer of the Year,” Best Lawyers in America® (2010)
• Fellow, College of Commercial Arbitrators (2009-present)
• Certified Mediator, International Mediation Institute
• Named a “Leading Individual” (2014-2018); “Recommended Attorney” for Construction (2014-2020) and Real Estate: Construction (including construction litigation) (2022-2025) in Legal 500 United States
• Rated AV Preeminent by Martindale-Hubbell®
• Top 50 Pittsburgh Super Lawyers (2013, 2017, 2019, 2020)
• Listed in Who’s Who Legal: Construction (2013 – 2018), Who’s Who Legal: Thought Leaders – Construction (2018), and the International Who’s Who of Construction Lawyers