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Brian Fielden

Brian K. Fielden

Partner
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 large infrastructure, rail, energy (solar, wind, combined-cycle power plants, biomass, methanol), industrial, 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. Representations include: Atlanta Braves on SunTrust Park and adjacent mixed-use, The Battery Atlanta; Atlanta Braves on its Spring Training facility in Sarasota, FL; Texas Rangers on Globe Life Field and adjacent mixed-use, Texas Live! Other projects include facilities for the Las Vegas Raiders, Minnesota Vikings, San Francisco 49ers, Los Angeles Chargers, Los Angeles Clippers, Sacramento Kings, Milwaukee Bucks, AS Roma, Los Angeles FC, Tottenham Hotspur Football Club and Nashville SC.

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 an active 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.

Bar admissionsGeorgiaNorth CarolinaSouth Carolina

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, Massachusetts
  • 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 California, Florida and New York
  • 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, California
Representative Transactional Matters
  • Serve 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$12 billion in construction cost, involving both stadium and integrated mixed-use as well as complex, public-private partnership components
  • Represent 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
  • Represent a global infrastructure investor as the Concessionaire in a P3 structure in connection with a US$470 million toll road project in Bogotá, Colombia
  • 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, California, and multi-million-dollar mixed-use developments in Rockville, Maryland, and Somerville, Massachusetts, the latter involving mass transit rail facilities and various aspects of federal and state funding
  • Represent 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
  • Serve 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.
  • An ENR top 25 EPC contractor in negotiating utility-scale solar agreements for solar installations in CA, CO, MA, and NY
  • A Global 100 client in drafting EPC contracts for CNG fueling station projects in multiple jurisdictions to service a portion of its fleet of vehicles
  • One of the world's largest technology companies in drafting and negotiating contracts for both of its global campus headquarters projects in Austin, TX
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

Awards

  • Chambers USA
    – Band 3, Georgia Construction (2022)

    – Brian has been recognized in Chambers for his outstanding work noting that, "Clients consider Brian Fielden to be 'very aware of client needs and accessible', with a good understanding of the law." Client comments have included:  "On transactional construction matters he's outstanding, super-responsive, and he's able to deal with business clients directly and very responsibly."  "He has incredible experience in the construction area. He's detail-oriented, thorough, and understands the business implications in legal documents." "Brian is adept at balancing legal options and strategies with practical tactics and brings a mindset that is both reasonable and critical."

  • The Legal 500 United States
    – 
    Recommended, Construction (including Construction Litigation) (2018-2020)
    – Next Generation Partners, Construction (including Construction Litigation) (2021)
    – Leading Lawyer, Construction (including Construction Litigation) (2022)

    – Clients have noted to The Legal 500 that Brian is "invaluable," an "[e]xcellent attorney" who is "technically skilled and incredibly responsive."

Bylines

  • "Differing Site Conditions," THE Construction Contracts Book: How to Find Common Ground in Negotiating Design and Construction Contract Clauses, American Bar Association Forum on the Construction Industry (2004, 2008 and 2020 eds.)
  • "Project Delivery Systems," North Carolina Construction Law Deskbook (2003, 2006, 2010, 2013, 2016 and 2021 ed.)
  • "Tips to Lessen Risk in Renovation and Green Building Contracts," National Real Estate Investor (January 24, 2011)
  • "Renovations During a Recession – Manage Construction Risk Through Contracting Procedures and Controls," HOTELS magazine (September 2009)
  • "Take Precautions to Manage Risk During Construction Projects - Establish Procedures to Reduce Claims During Hotel Renovations," Hospitality Law (July 2009)

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) 

Prior Experience

Before joining DLA Piper, Brian was a partner with another international law firm where he served as co-chair of its hospitality practice.

Other Accomplishments

Brian has been accepted as a member of the Academy of Hospitality Industry Attorneys. He has also served on the planning committee of the Americas Lodging Investment Summit and has served as a speaker at this conference and others on construction and development issues.

Memberships And Affiliations

  • Urban Land Institute, Advisory Board Member and Committee Chair
  • Sports Lawyers Association
  • Academy of Hospitality Industry Attorneys
  • American Bar Association Forum on the Construction Industry
  • North Carolina Bar Association, Construction Law Section
  • South Carolina Bar Association, Construction Law Section
  • Atlanta Bar Association, Construction Law Section

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