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Michael P. Subak

Michael P. Subak is a partner in the Philadelphia office of Pepper Hamilton LLP, and his practice focuses on construction litigation. He is a member of the firm’s Executive Committee. Mr. Subak has represented owners, EPC contractors, construction managers, general contractors and subcontractors in a variety of disputes on projects ranging in size from $1 million to more than $10 billion. He has tried to “verdict or award” numerous disputes involving terminations for default, unforeseen site conditions, labor inefficiency, design and construction defects and schedule delays.

Recent representative engagements for Mr. Subak:

  • represented the private developer for the rebuilding of the World Trade Center in an arbitration that resulted in a $100 million+ savings to our client.
  • represented a general contractor in connection with a $700 million+ elevated rail program with a public authority in a major urban city, whereby general contractor was wrongfully terminated by the authority on a portion of the project. Following discovery and dispositive motions, general contractor received an eight figure settlement and the public authority dropped all claims against our client.
  • represented a trade contractor in connection with the construction of a $500 million+ combined-cycle power plant in an operating refinery, whereby our client was wrongfully terminated by the EPC contractor. Following discovery and motion practice, including sanctions being assessed against opposing counsel, our client received an eight-figure settlement and the EPC contractor dropped all of its claims against our client.
  • served, as part of a seven month secondment to one of the world’s largest contractors, as project counsel on a $10 billion airport in the Middle East, providing advice on a host of issues confronting a client on a mega-project.
  • represented a general contractor in a dispute with an owner in connection with the construction of a major retirement community. Following depositions of the owner’s team, a settlement was reached whereby our client was paid 100 percent of its claim, plus interest and attorney’s fees.

Mr. Subak is listed in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America.

Mr. Subak is active in the Forum Committee of the American Bar Association, and he previously chaired the Philadelphia Bar Association’s Subcommittee on Construction Law.

Mr. Subak also is the author of “Managing Construction-Related Disputes in the Middle East,” Pepper Hamilton LLP Construction Update (May 14, 2008) and Engineering News-Record (April 25, 2008); “Commonwealth Court Strikes Down ‘Best Value’ Procurement for Construction Contracts”, Pepper Hamilton LLP Construction Update (June 20, 2006); he is the co-author of Construction Contracting in Pennsylvania (1998, 1999, 2000 and 2001) and has contributed chapters to ABA: The Design Build Process (Forum on the Construction Industry, 1997 and 2000 (supplement)); Fifty State Public Construction Contracting (Wiley Law, 1996 and 1999 (supplement)); and State Public Construction Law Handbook (CCH Incorporated, 2002, Pennsylvania chapter).

Mr. Subak’s teaching and speaking experience includes being a speaker at the Construction SuperConference, in London and San Francisco, CA; he also has served as an instructor for the Construction Management Certificate Program at Temple University’s School of Business and Management (Philadelphia, Pa., 2000-2006) and lectured at Lorman’s Construction Law Course (Philadelphia and Harrisburg, Pa., 1997-2007).

Before attending law school, Mr. Subak worked on the legislative staff for U.S. Representative Gus Yatron of Pennsylvania in Washington, D.C.

B.A. 1989, cum laude, Middlebury College
J.D. 1994 University of Pittsburgh School of Law

Bar Admissions
Admitted to practice in Pennsylvania

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