Brian K. Fielden

Partner

Co-Chair, Construction

Emailbrian.fielden@us.dlapiper.com

About

Brian Fielden has a national and international construction law practice representing owners, contractors and lenders in both litigation and transactional matters.

His broad range of project experience includes data centers, large infrastructure, rail, renewable energy (solar, wind, geothermal, biomass, hydrogen, methanol), BESS, manufacturing plants, industrial facilities, mixed-use developments, casinos and professional sports stadiums. His transactional projects often involve complex, public-private partnership (P3) arrangements. Brian has handled construction disputes and transactions on projects located throughout the United States and in Africa, Asia, Canada, the Caribbean, throughout Europe, Latin America and the Middle East.

Brian's adversarial practice involves complex construction and real estate-related matters involving a variety of claims including delay, extra work and significant construction defects.

In his transactional practice, Brian represents global companies in negotiating design and construction agreements, complex EPC and O&M agreements, and project agreements in various P3 structures. He also advises companies in preparing form design and construction documents and implementing internal procedures to manage risk and avoid claims in their construction programs.

Brian also represents professional sports teams and lenders globally on construction and development matters on stadium and arena projects, often involving integrated mixed-use developments. Representative projects include: Atlanta Braves on SunTrust Park and adjacent mixed-use, The Battery Atlanta; Atlanta Braves’ Spring Training facility in Sarasota, FL; Texas Rangers on Globe Life Field and adjacent mixed-use, Texas Live!; Tennessee Titans on the New Nissan Stadium and its adjacent mixed use; Jacksonville Jaguars and the Stadium of the Future and adjacent mixed use. Other projects include facilities for the Las Vegas Raiders, Minnesota Vikings, San Francisco 49ers, Los Angeles Clippers, New York Mets, Sacramento Kings, Milwaukee Bucks, AS Roma, Los Angeles FC, Tottenham Hotspur Football Club, FC Barcelona, Nashville SC, Houston Dynamo FC and Chicago Fire FC.

Brian is accredited LEED® AP (BD+C) by the Green Building Certification Institute.

Brian is a native Oklahoman and is a member of the Cherokee Nation of Oklahoma. He is a member of the Georgia Cherokee Community Alliance and the Trail of Tears Association (Georgia Chapter), which seek to promote and preserve Cherokee heritage, culture and traditions and assist tribal citizens in need.

Areas of FocusEnergy and Natural Resources Media, Sports and Entertainment Real Estate Litigation, Arbitration and Investigations Infrastructure, Construction and Transport Construction and Engineering Development, Land Use and Zoning

Bar admissionsGeorgiaNorth CarolinaSouth Carolina

Representative Transactional Matters

Served as construction and development counsel to professional sports teams and lenders on sports stadium and arena projects (NFL, MLB, NBA and international soccer clubs) exceeding US$25 billion in construction cost, involving both stadium and integrated mixed-use as well as complex, public-private partnership components
Represents a global data center developer and operator in drafting and negotiating EPC, O&M and related contracts for data centers and related power infrastructure (e.g., electrical substations, generators, etc.) throughout the US and in strategic locations in Europe, with construction cost exceeding billions of dollars
Represented a global rail transport engineering company as a core systems subcontractor in a P3 structure in connection with a US$1.3 billion rail transit system in Honolulu, HI
Represented one of the largest toy manufacturers in the world in negotiating design and construction agreements for its new US manufacturing facility exceeding US$1 billion in construction cost
Advised a digital asset / data center infrastructure company in connection with construction contract negotiations involving transforming a former Bitcoin mining site into one of the world’s largest AI and HPC campuses, with current capacity of 800 MW of IT load with the potential for 3.5 GW at full buildout
Represented a global infrastructure investor as the Concessionaire in a P3 structure in connection with a US$470 million toll road project in Bogotá, Colombia
Represented a global solar technology and renewable energy company in drafting and negotiating contracts for its solar photovoltaic cell and battery energy storage manufacturing facilities located in Indiana, Kentucky and Texas with construction cost exceeding US$1 billion
A NYSE-listed real estate investment trust in the negotiation of design and construction contracts for a US$1 billion+ mixed-use development in San Jose, CA, and multi-million-dollar mixed-use developments in Rockville, MD, and Somerville, MA
Represented investors and developers in connection with the development of a US$100 million Casino project in PA, in coordination with one of the largest casino operators in the world, involving land-based gambling, sports betting, and iGaming operations
Two global solar developers in developing form contracts for use on utility-scale solar projects and negotiating contracts for specific projects
Served as construction counsel to one of the world's largest private equity funds on a US$400 million+ time-share development in Honolulu, HI
An institutional investor in negotiating design and construction contracts for multifamily, industrial, senior housing and medical office projects across the US exceeding US$1 billion in construction cost
One of the world's largest technology companies in drafting and negotiating contracts for both of its global campus headquarters projects in Austin, TX

Representative Adversarial Matters

An independent power company in US$40 million delay and construction defect claims in connection with a combined-cycle power plant project in Cambridge, MA
A global solar company in a dispute with an EPC contractor arising out of the development of two separate US$13 million solar fields near Toronto, Canada including handling claims involving scope issues, delay and defective work
A national multi-family developer in condominium defect litigation in San Diego, Los Angeles, and Florida, with claims exceeding US$45 million
An ENR top 10 general contractor in obtaining a federal court jury verdict on all counts (including an attorneys' fees award) against a national steel subcontractor in connection with a US$25 million hospital project
A national multi-family developer concerning claims in excess of US$75 million involving construction defects and water intrusion in CA, FL and NY
An engineering company involving multi-million-dollar construction defect and product liability claims in connection with a Polyad VOC abatement system situated in Orange County, CA

Awards

Education

J.D., University of North Carolina School of Law, 1996
with honors
Holderness Moot Court Team

B.S.M.E., Southern Methodist University, 1993
cum laude

Bylines

Seminars

"Public Private Partnerships for Infrastructure Investment: A Global Perspective," Webinar sponsored by GIAA in partnership with DLA Piper, (2021)
"Optimizing Success in P3's: Top 5 Business and Legal Deal Points That Can Make or Break a P3 Project," Public-Private Partnership Conference, Dallas, (2020)
"Collaborative contracting and procurement: a better way?" Webinar sponsored by DLA Piper, (2020)
"COVID-19 and construction: touching all the bases now," Webinar sponsored by DLA Piper, (2020)
"Future of Cumberland – 'Brave' Growth in the NW Corridor," SunTrust Park, Atlanta Braves Stadium, Bisnow, Atlanta, (2015)
"3rd Annual Atlanta Construction and Development Summit," Bisnow, Atlanta, (2015)
"SunTrust Park – Braves Stadium Update," Construction Owner's Association of America, Fall Workshop, Atlanta, (2015)
"Plans to Roll Out Public Infrastructure," Natural Gas Vehicle Fleet & Infrastructure Summit, Atlanta, (2013)
"Green Hotels in This Market," Hunter Hotel Conference, Atlanta, (2011)
"Operational Issues: Using Sound Business Principles to Avoid Defect Issues," Construction Defects: A Practical Approach for Institutional Investors and Developers, presented at DLA Piper, Washington, DC, (2011)