Richard Lowe

• Elected to the American College of Construction Lawyers, 2009
• Litigation Counsel of America
  – Fellow, 2009-present
• Philadelphia Bar Association
  – Real Property Section
  — Construction Contracts Committee
  — Chair, 1997-1999
  – Philadelphia Volunteers for the Indigent Program (VIP)
  — Board President, 1994
  — Board Member, 1987-1995
  – Young Lawyers Section
  — Executive Committee, 1987-1989
• American Arbitration Association
  – Arbitrator, 2002-present
• American Bar Association
  – Section of Litigation
  — Construction Litigation Committee
  — Committee Co-chair, 2001-2003
  — Co-chair, Program Subcommittee, 1999-2001
  — Chair, State Law Survey Subcommittee, 1997-1999
  – Forum on the Construction Industry
  — Steering Committee for Division 3 (Design), 1997-2004
• Associated General Contractors of America, Inc., 1997-present
  Contract Documents Committee, 2004-present
  Vice-Chair 2008-present
• General Building Contractors Association (Philadelphia chapter of AGC), 2003-present
  – Member, Joint Committee with Philadelphia AIA
• Philadelphia Bar Association
  Real Property Section, 1997-1999
  Construction Contracts Committee
• Society of Construction Law (United Kingdom)
  – Member, 2000-present

Representative Matters

• Construction counsel to lender on multibillion-dollar casino project. Providing counsel to lender on myriad of construction issues.
• Litigation counsel to developer of one of largest malls in the Northeast. Currently serving as construction counsel in mediation of multimillion-dollar dispute with contractor.
• Litigation counsel to lender who took over construction of $150 million ski resort. Currently serving as counsel in negotiation/potential litigation of substantial dispute with general contractor.
• Construction counsel for non-for-profit developer of first proton therapy treatment center in Chicago area. Drafted and negotiated contracts with architect and construction manager.
• Construction counsel for development of casino in Biloxi, Mississippi. Negotiated design and construction contracts.
• Represented a nonprofit development company in the development of continuing care retirement communities and other facilities in the northeast U.S.
• Lead trial counsel in three week trial in “rocket docket” in federal court in Richmond, Virginia, representing an EPC contractor against electrical consortium in design and construction of an electrical power plant.
• Lead trial counsel in representation of owner of $100 million pharmaceutical plant in New Jersey. Case involved multiple lawsuits in New Jersey state courts, followed by a successful mediation in which we were able to settle with the EPC contractor and approximately a dozen subcontractors with the assistance of numerous expert witnesses.
• Lead trial counsel in 38-hearing day arbitration for general contractor in dispute with demolition subcontractor.
• Part of a team that was successful in a case before the Supreme Court of Pennsylvania that upheld the law permitting public schools to obtain waivers from Pennsylvania law requiring multi-prime contracts.
• Representing a construction manager against owner of condominium tower development. Mediated the multimillion-dollar matter to resolution.
• Represented a Philadelphia hospital in negotiation of $45 million construction contract.

Richard H. Lowe concentrates his practice in construction and commercial litigation and construction law. He handles complex construction litigation, arbitration and mediation matters for owners, contractors, design-builders, design professionals, sureties, subcontractors and suppliers, and has drafted and negotiated construction contracts exceeding $100 million.

Mr. Lowe is a Fellow of the American College of Construction Lawyers and a Fellow of the Litigation Counsel of America.

Mr. Lowe has been extremely active in the Associated General Contractors of America (“AGC”). As chair of the AGC’s BIM Forum’s Legal Subforum, he led a national effort to create a BIM Addendum, the first contract form in the world specifically applicable to projects using Building Information Modeling. Also, he served as the vice-chair of the AGC’s Contract Documents Committee, a leader in the promulgation of the ConsensusDOCS family of documents that now rivals the AIA form documents.

Long active in the American Bar Association, Mr. Lowe has served as co-chair of the ABA’s Construction Litigation Committee, the second largest committee in the ABA Section of Litigation. He also has served as a member of the Steering Committee for Division 3 (Design) of the ABA Forum on the Construction Industry. He was a co-chair of the ABA Construction Forum’s Fall 2008 Program on the ConsensusDOCS, held in Chicago on September 11 and 12, 2008. Further, he was an editor of “The Construction Contracts Book: How to Find Common Ground in Negotiating Design and Construction Contract Clauses,” 2004, an ABA book stemming from a paper he wrote. In addition, he is a member of the Society of Construction Law, the largest group of construction lawyers in the United Kingdom. He has lectured and written on a variety of construction law topics, both across the United States and in Great Britain. Mr. Lowe has repeatedly been named as a “Super Lawyer” in construction in Philadelphia. Mr. Lowe also serves as an arbitrator for the American Arbitration Association.

Admitted to practice in Pennsylvania and New York, Mr. Lowe is a 1982 graduate of New York University School of Law, where he graduated with honors, and a graduate of Yale University. He is Mayor of the Borough of Swarthmore (2010-2014) and has served as Borough Solicitor for Swarthmore as well.

Honors and Awards

• Listed in Super Lawyers Corporate Counsel Edition, 2009 and 2010
• Listed in Who’s Who of Business Lawyers 2005, one of only five construction lawyers in Pennsylvania

Board Memberships

• Construction Financial Management Association
  – Board Member, Philadelphia Chapter, 1997-2001
• Design-Build Institute of America
  – Board Treasurer, Philadelphia Chapter, 2001-present
  – Member, Process Industry Committee, National Chapter, 2001-present
• Construction Company Strategist
  – Advisory Board, Brownstone Publishing Company, 1999-2001

• Lead Co-author, “ConsensusDOCS 301 BIM Addendum,” The Construction Lawyer, Vol. 29, No. 1, Winter 2009
• Featured in “How a homegrown legal contract will save building contractors from themselves,” Philadelphia Business Journal, August 15, 2008
• “Comprehensive BIM Collaboration Solutions for The Construction Industry,” The Construction Specifier, December 2008
• Lead Author, “View from Across the Pond: An American Perspective on the Society of Construction Law’s Delay and Disruption Protocol,” The Construction Lawyer, Vol. 27, No. 1, Winter 2007
• “BIM Contracting Made Easy: The ConsensusDOCS 301 BIM Addendum,” Constructor, December 2008
• “Litigating Industry Form Contracts: Not Standard After All,” ABA Forum on the Construction Industry, April 2007
• “Buckling Up Risks: The Construction Community And Its Insurers Should Embrace 3D Modeling To Further Reduce Risk On Complex Projects,” Constructor, January/February 2007
• Co-editor (of first edition), The Construction Contracts Book: How to Find Common Ground in Drafting and Negotiating Design and Construction Contracts, ABA Forum on the Construction Industry, 2004
• “Battle of the Associations’ Forms: AGC v. AIA,” CONSTRUCT!, quarterly publication of the American Bar Association’s Construction Litigation Committee, Spring Edition, 2003
• Co-author of section on legal aspects of BIM, The Contractor’s Guide To BIM, Associated General Contractors of America, 2004
• Lead Co-author, “Design-Build for Public Education Projects,” Design-Build for the Public Sector, Wiley publication, edited by Michael Loulakis, January 2003
• Lead co-author, “When Architects Withhold Certificates of Substantial Completion and Other Problems,” Construction TODAY Philadelphia, General Builders Contractors Association, Fall 2000; The Construction Lawyer, Vol. 19 (American Bar Association Forum on the Construction Industry), October 1999
• Lead Co-author, “Let’s Make A Deal: Taking a Reasonable Approach in Drafting and Negotiating the Owner/Design Professional Agreement,” American Bar Association Forum on the Construction Industry, Scottsdale, Arizona, October 13, 2000
• “Construction Tips from Division 3: Checklist for the New A201 General Conditions,” The Construction Lawyer, Vol. 18, (American Bar Association Forum on the Construction Industry), July 1998
• “50-State Monograph on No Damages for Delay Clauses,” American Bar Association, 1998
• “Storing Materials at the Contractor’s Yard,”, The Construction Lawyer, Vol. 17, (American Bar Association Forum on the Construction Industry), October 1997
• “How to Use Your Attorney Effectively: Strategic Strikes – Covert and Overt Operations,” Building Profits, Construction Financial Management Association, March/April 1997
• “American Bar Association Construction Litigation Committee Monograph on Economic Loss Doctrine in Construction Cases,” prepared summary of law of Pennsylvania and West Virginia, 1995

Selected Speaking Engagements

• Speaker, “Challenges of High Performance Buildings and Building Information Modeling,” Pennsylvania Institute of Certified Public Accountants Annual Construction Industry Conference, Cranberry Township, Pennsylvania, October 22, 2009
• Speaker, “New BIM Contracts: A Legal Perspective,” Microsol Resources’ Executive Breakfast Series program, New York City, July 16, 2009
• Speaker, “Advice for Construction Lenders Taking over Troubled Projects,” Duane Morris Presentation, Philadelphia, May 21, 2009
• Speaker, “Risk Allocation In Building Information Modeling; The Only Thing to Fear is Fear Itself,” GSA BIM Conference, Philadelphia, May 20, 2009
• Co-speaker, “IPD: Comparison of AIA and ConsensusDOCS Form Documents,” AGC Annual Convention, San Diego, March 5, 2009
• Moderator, “IPD: Comparison of AIA and ConsensusDOCS Form Documents,” AGC BIM Forum Meeting, Palm Springs, California, January 2009
• Video conference, “ConsensusDOCS BIM Addendum,” interview conducted by Tom Sawye of ENR during AGC BIM Forum Conference in Lake Tahoe, California, June 2008
• Speaker, “Legal Risk in BIM,” University of Wisconsin Madison, June 24, 2008
• Speaker, “Legal Risk in BIM,” Wisconsin AIA, Milwaukee, Spring 2008
• Panelist, “Recovery Schedules: Two Steps Forward or One Step Back,” Construction Superconference, San Francisco, December 2007
• Panelist, “Risk Allocation in 3-D Virtual Modeling: Why Architects Should Jump On Board,” Design on Delaware Program, Presented by GBCA at Philadelphia AIA’s event, November 2007
• Co-Speaker, “Litigating Construction Form Contracts,” ABA Forum on the Construction Industry, 2007 Annual Meeting, San Juan, Puerto Rico, April 12, 2007
• Speaker, “ConsensusDOCS Are Here!” GBCA Philadelphia, December 6, 2007
• BIM Forum Legal Subforum Presentations on ConsensusDOCS BIM Addendum, AGC meetings in Boston, Miami, CURT Meeting in Orlando, and ACCL/AISC Meeting in Nashville, October 12, 2007, January 23-24, 2008, and spring 2008
• Panelist, “New Pennsylvania Mechanics Lien Law Amendments,” GBCA Philadelphia, Fall 2006
• Co-Speaker, “Critique of Society of Construction Law’s Delay and Disruption Protocol,” International Superconference, London Society of Construction Law, London, May 2006
• Co-Speaker, “Risk Allocation in 3-D Virtual Modeling,” Construction Superconference, San Francisco, December 2005
• Co-Speaker, “Construction Management 2005: New Challenges and Opportunities with High Tech Projects,” International Superconference, London, May 2005
• Speaker, “Update on GBCA Litigation to Permit Public Schools in Pennsylvania to obtain waivers from statutory multi-prime requirement,” AGC Building Division Meeting, Dana Point, California, January 2005
• Panelist, “Whose Schedule is it Anyway? Risks, Roles and Responsibilities with the Project Schedule,” Construction Superconference, San Francisco, December 2004
• Panelist, “Allocation of Responsibilities in Design, Procurement, and Construction to Prevent Water Intrusion and Mold,” Lorman Education Services, Philadelphia, December 18, 2003
• Speaker, “Contract Provisions Re: Mold Prevention,” Duane Morris Presentation, Philadelphia, September 23, 2003
• Program Coordinator and Moderator, “How to Make Closing Argument in Both Bench and Jury Trials,” Presentation of ABA Construction Litigation Committee at ABA Forum on the Construction Industry Annual Meeting, Scottsdale, Arizona, Spring 2003
• Panelist, “Walking the Tightrope on Schedule Updates – Mitigating Delay vs. Documenting the Claim,” Construction Superconference, San Francisco, December 2002
• “Allocation of Risk in Design-Build for Pharmaceutical Projects,” Annual Meeting of the International Society of Pharmaceutical Engineers, sponsored by Design-Build Institute of America, Tampa, Florida, February 20, 2003
• “Good Practices for Design-Build Contracts,” Pennsylvania Chapter of the Design-Build Institute of America, Plymouth Meeting, Pennsylvania, February 3, 2003
• Speaker, Construction Risk Workshop, Philadelphia, Pennsylvania, July 11, 2002
• Speaker, “Mediating Complex Construction Disputes,” Philadelphia Bar Association ADR Committee, Philadelphia, Pennsylvania, June 6, 2002
• Speaker, “Traditional v. Design-Build: Comparing the Contract Issues,” Society for Marketing Professional Services, Philadelphia, Pennsylvania, January 9, 2002
• Speaker, “Contracting for Design-Build Projects,” Design-Build Institute of America (Pennsylvania Chapter), Exton, Pennsylvania, December 6, 2001
• Speaker, “Risk Allocation in Design-Build,” International Society of Pharmaceutical Engineers, Las Vegas, Nevada, November 7, 2001
• Speaker, “Contract Issues in Construction,” Lorman Education Services, Philadelphia, Pennsylvania, September 14, 2001
• Program Coordinator, “Cumulative Impact Claims: Fact or Fiction,” American Bar Association Forum on the Construction Industry, New Orleans, Louisiana, April 27, 2001
• Speaker, “Comparison of Owner/Design Professional Form Agreements,” Philadelphia Bar Association Construction Contracts Committee, Philadelphia, Pennsylvania, February 15, 2001
• Speaker, “How to be a Savvy Consumer of Design Services,” AGC Construction Project Delivery Superconference, Dallas, Texas, February 8, 2001
• Speaker, “Pennsylvania Construction Issues – Payment & Claims Process,” Lorman Education Services, Philadelphia, Pennsylvania, December 7, 2000
• Speaker, “Introduction to Owner/Design Professional Form Agreements Used in the United States,” Society of Construction Law (United Kingdom), London, England, November 28, 2000
• Moderator and Program Coordinator, “Let’s Make A Deal: Taking a Reasonable Approach in Drafting and Negotiating the Owner/Design Professional Agreement,” American Bar Association Forum on the Construction Industry, Scottsdale, Arizona, October 13, 2000
• Speaker, “Proving Damages in Delay and Disruption Claims,” Construction Financial Management Association, Philadelphia, Pennsylvania, September 13, 2000
• Program Coordinator, “When Your Own Trial Witness Blows a Gaping Hole in Your Case, How Far Can You Go to Keep Your Case from Sinking Like the Titanic?” American Bar Association Annual Meeting, New York, New York, July 10, 2000
• Speaker, “Change Orders 101,” The Construction Specifications Institute’s 44th Annual Convention, Atlanta, Georgia, June 23, 2000
• Speaker, “Combating Dirty Tricks and Hardball Tactics – How to Lawyer Effectively on the Construction Site,” American Bar Association Forum on the Construction Industry Annual Meeting, Las Vegas, Nevada, April 29, 1998
• Speaker, “So You’re Going to be Deposed,” The Construction Specifications Institute Annual Convention, Baltimore, Maryland, June 12, 1998
• Speaker, “Life After the New AIA Forms: Will Litigation Ever Be the Same?” American Bar Association, National Institute on Construction Litigation, Chicago, Illinois, September 18, 1998; Philadelphia, Pennsylvania, October 2, 1998
• Speaker, “Accounting, Bonding, Insurance, and legal Issues for Small Contractors,” Construction Financial Management Association, Philadelphia, Pennsylvania, October 21, 1998
• Speaker, “Amendments to Architects’ Licensure Law,” Construction Financial Management Association, Philadelphia, Pennsylvania, September 16, 1998
• Speaker, “1997 Revisions to the AIA A201,” Jacoby Donner, P.C., Philadelphia, Pennsylvania, January 20, 1998
• Program Coordinator, “Mediation Advocacy,” American Bar Association’s Section of Litigation Annual Meeting, Washington, D.C., May 1997
• Moderator, “Getting Paid,” Construction Financial Management Association, Philadelphia, Pennsylvania, October 10, 1996
• Speaker, “Application of Economic Loss Rule to Construction Projects,” American Bar Association Annual Meeting, Chicago, Illinois, August 7, 1995
• Speaker, “Pennsylvania Contractor and Subcontractor Prompt Payment Act,” Philadelphia Bar Association, Philadelphia, Pennsylvania, September 1994

• Pennsylvania
• New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. Court of Appeals for the Third Circuit

• Swarthmore Borough Mayor, 2010-2014
  – Borough Solicitor, 1998-2000
• William Penn Charter School Alumni Association, Philadelphia
  – Board President, 1990
  – Board Member, 1987-1991