Michael P. Subak is a partner in the Philadelphia office of Pepper Hamilton LLP, and his practice focuses on construction litigation. 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 substantial capital projects in the energy (coal, nuclear, solar and gas-fired power plants) and infrastructure markets (airports, pipeline and transmission lines), as well as commercial development projects.
Mr. Subak also is active in firm management. He is a member of the Executive Committee and previously served as chair of the firm’s Hiring Committee. During his tenure as chair of the Hiring Committee, numerous national publications recognized the firm for its innovative and novel approach to hiring, and the firm’s summer associate program was ranked best in the nation in American Lawyer magazine’s annual survey. Mr. Subak also was recognized for these accomplishments in the ABA Journal.
Recent representative engagements for Mr. Subak:
Mr. Subak is listed in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America.
- Represented the EPC contractor in a series of disputes arising out of the construction of a multi-billion dollar power plant. Mr. Subak’s efforts helped the contractor to achieve a substantial settlement with the project owner as well as a successful navigation of a variety of disputes involving subcontractors and vendors.
- 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 the general contractor was wrongfully terminated by the authority on a portion of the project. Following discovery and dispositive motions, the 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 active on 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 also co-authored a chapter update to Pennsylvania Construction Law: Getting Started, Getting Covered, Getting Paid (Pennsylvania Bar Institute, 2013, Second Edition).
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.