International Construction Consultant and Litigation Coordinator
ATTORNEY PROFILE: FRANK MCCLENDON
Frank McClendon has joined the Las Vegas office of Kolesar & Leatham, Chtd. as Of Counsel. In that capacity, Frank will use his over 25 years of experience with major construction projects to coordinate, supervise and consult on the firm's complex construction law and construction dispute resolution practice. His assignments will range from pre-bid activities, contract negotiations and implementation of project controls recommendations to change order and claim preparation with a special emphasis on all aspects of dispute resolutions.
Frank has substantial experience as a problem solver representing either owners or contractors on high risk projects when "train wreck" situations arise. This includes providing quick analyses and recommendations to facilitate client decisions for remedial actions within contract parameters. Frank’s experience includes problem solving at jobsites in thirty-five (35) countries and in over thirty (30) states.
Frank's experience is unique in that much of his practice consists of identifying risks and loss-causing issues while being on job-site versus an "office practice" approach. Years of handling construction-related issues "on the ground" enables understanding of the real day-to-day job-site challenges and developing agreement on corrective actions among senior executives, in-house law departments, on-site project managers and various key project personnel including area managers, schedulers, cost controls, document controls and accounting functions. This experience enables an early start on preparing claims, change orders and/or implementation of dispute resolution provisions as appropriate. Frank's experience includes working on projects involving numerous Fortune 500 companies and their overseas counterparts including an understanding of the expectations of major overseas contractors as well as overseas private and government owners.
In addition to dispute resolution assignments for major hotels in Las Vegas, Frank has drafted and negotiated over 20 types of construction contracts used on various major casino projects. This included drafting and negotiating contracts used by a major owner as national "standard forms" for design/build, lump sum, guaranteed maximum price, reimbursable cost, architectural services, subcontracts, purchase orders, procurement of FF&E, signage, interior design services, parking structures, show rooms for theatrical productions and upscale luxury suite upgrades for key clients. These Las Vegas assignments included working in-house for owners, working at major casino sites under construction for both owners and contractors and representing clients while working within law firms supporting litigation matters.
Internationally, Frank has assisted with resolving numerous disputes on high-risk construction projects with substantial financial exposures. This includes working on-site on major projects in Europe, Asia, Middle East, South America and Africa as well as throughout the United States. His experience also includes carrying out a variety of problem solving assignments on multibillion-dollar projects while living overseas for nine (9) years. This includes five years based in London covering Europe, Africa and the Middle East, Venezuela and Korea and four years based in Dubai, Abu Dhabi, Sharjah and various multimonth job-site assignments in Saudi Arabia. Major areas of expertise both in the United States and overseas include all aspects of contracting and dispute resolutions on hydrocarbon processing plants, nuclear and conventional power plants, pipelines, coal gasification into gasoline, various mining projects, chemical and petrochemical plants, nuclear power, oil and gas fired conventional power plants, desulphurization and demineralization projects, mining smelter projects, steel fabrication and installation, co-generation projects, elimination of hazardous wastes and offshore engineering and construction projects.
Frank also has a wide variety of experience on both domestic and international public works projects. Typical examples include a rocket launch facility for the air force at Cape Canaveral, various projects involving the Corps of Engineers including the Umatilla ordinance destruction project, freeway expansions for Caltrans, light rail for the Metropolitan Transit Authority of Los Angeles, wastewater treatment plants involving litigation in multiple states and Canada, complete overhaul of the 911 system for the City of Chicago and convention center projects in Anaheim and San Diego.
Frank has a Bachelor of Science in Chemistry (with honors) from the University of Texas; a Doctor of Jurisprudence from the University of Texas; and a Master of Law from Southern Methodist University (with honors). He is not a member of the Nevada Bar, but is a member of the State Bars of California, Colorado, Texas and Utah, various Federal District Court Bars and a member of the American Bar Association Forum on the Construction Industry.
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