Ernest C. Brown

Project Counsel & Litigation Experience

Mr. Brown has advised more than $10 billion in US and International Construction Projects. He has also been chief trial counsel in global construction disputes such as the Central Arizona Project Pipeline failure ($146 million, Defense Verdict) and the June 9, 1985 Southern California Edison Powerplant Disaster ($250 million in property damage and six deaths; minimal settlement for his client).

Mr. Brown has thirty years of experience advising Owners, Builders and Architect/Engineers in major United States and International construction projects, including "megaproject" contract drafting and negotiation, claim development and analysis, crisis management, dispute resolution, environmental and OSHA compliance, project audits and ADR resolution of major claims ranging from $250,000 to $250 million.

Mr. Brown has acted as lead trial counsel representing major clients such as airport, casinos, sports arena, power plants, pipelines, transit systems, refinery, roadways and bridges, schools and universities, high technology, industrial, and treatment plants.

He has also created and contributed to legal resource for various construction and environmental law committees of the California State Bar and County Bar Associations, American Arbitration Association, Associated General Contractors, American Society of Civil Engineers and National Society of Professional Engineers (NSPE).

International Projects

While at Fluor Corporation, one of the world's largest engineering and project management companies he advised large and complex international projects. These included the Saudi Petrochemical Project ($3.4 billion), the PERTAMINA Oil Refinery in Chilachap, Indonesia, the Kemya Project in Saudi Arabia, and several projects in Alaska, Chile, Canada, the UAE and Indonesia.

Education

Massachusetts Institute of Technology BS, Civil and Environmental Engineering, 1975

University of California at Berkeley JD, 1978; MSCE, Project Management, 1978

Harvard Law School Graduate Study in International Law

ADR Training

Faculty, AAA Construction Conference – Keeping Arbitration Lean, 2015

AAA Advanced Mediator Training, 2009

AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2007

AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005

Faculty, San Francisco Bar Association, Construction Mediation, 2005

AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004

Faculty, State Bar of California, Construction Mediation, 2004

AAA Construction Arbitrator II Training: Advanced Case Management Issues, 2002

AAA Arbitrator Update 2001

AAA Construction Industry Arbitrator Training, 1999

AAA Mediation Training, 1996

Professional Licenses

Admitted to the Bar California, 1978

Registered Civil Engineer California, 1980

Awards & Honors

Founded and Led the Orange County, Calif. County Bar Association - Pro Bono Committee for Desert Storm

Pro Bono Law Clinic (1990-91) assisted 187 soldiers, sailors and their families

USMC - USMAS El Toro Community Service Award

American Jurisprudence Award, Boalt Hall, 1978

Harmon Writing Prize, Boalt Hall, 1978

Karl Taylor Compton Prize, MIT Community Service Award, 1975

Publications

California Infrastructure Projects: Successful Contracting and Dispute Resolution, Recorder Books, (2015).

CEB's California Public Contract Law handbook.

Editor, Construction Contracts and Disputes Continuing Education of the Bar.

Co-author, Federal Publications and Cambridge Institute course manuals on architect-engineer malpractice.

A Practical Guide to Public-Private Partnerships, Publisher Design Group, Inc. (2015).

California Public Works: Contracts & Litigation (1999).

Architect/Engineer Malpractice, Federal Publications, (1980).

"What Lawyers Must Know About Asbestos," ABA Journal, Nov. (1987).

"Architect/Engineer Liability Under California Law", Cambridge Institute (1992).

Work History

Arbitrator and Mediator Present

Special Counsel to Smith Currie & Hancock January 2016-March 2016

Managing Principal, Smith Currie & Hancock, LLP 2011-2015

Ernest Brown & Company 1989-2011 (merger of firms)

Senior Vice President and Executive Consultant, Hill International (NYSE: HINT) 2000-2002

Partner, Stradling, Yocca Carlson & Rauth 1986-1989

Partner, Natkin Weisbach & Brown 1984-1986

Corporate Counsel, Fluor Daniel 1981-1984

Litigation Attorney, Bronson, Bronson & McKinnon 1978-1981

Civil Engineer, Dames & Moore 1975-1978

Professional Associations

Co-Chairman, California State Bar Association, Construction Law Section

Member, American Bar Association Forum on the Construction Industry

Member, Bar Association of San Francisco

Mediator and Arbitrator, Northern California Commercial Association of Realtors

Member, National Society of Civil Engineers (former)

Member, American Society of Professional Engineers (former)

Associated General Contractors

California League of Cities

County Counsel Association & American Institute of Architects

International Mediation Institute (IMI) Certified Mediator