Significant Cases for Josh Bowlin

Oil & Gas Matter

Client: Naval Architect and Marine Engineering Company

In 2015, successfully arbitrated as co-lead counsel matter representing a naval architect and marine engineering company to a three-member International Center for Dispute Resolution proceeding in which client was awarded its claimed damages and successfully defeated $30MM counterclaim.

Employment Dispute and Trade Secrets

Client: OFI Testing Equipment, Inc.

Grace Instrument Co. v. OFI Testing Equipment, Inc., Cause No. 2012-33316, and 2014-33726, In the 113th District Court of Harris County, Texas. Twice represented oilfield testing equipment manufacturer in defending against theft of trade secrets and confidential information. Case was dismissed on both occasions.

Oil & Gas Matter

Client: Friede Goldman, LLC

Friede Goldman, LLC v. Offshore Handling Services Grp, Ltd., Cause No. 2009-06029; In the 190th District Court of Harris County, Texas. Successfully represented naval architect and marine engineering company in bench trial against engineering design subcontractor for defective design and delays obtaining a total award of $2,853,104.78 including attorneys’ fees in the amount of $553,627.25.

Construction Litigation

Client: Federal Express

Represented owner in development of Federal Express freight and transportation facilities against claims by the general contractors and subcontractors for damages and unpaid change orders.  Through creative dispute resolution, all claims against the owner were successfully resolved.

Construction Litigation

Client: Global Oil & Gas Company

Represented global oil and gas company in an arbitration who was ultimately awarded approximately $3.75M in actual damages, costs and attorneys’ fees for a suit arising from a defective exterior curtain wall system on a building in which client was a tenant. The arbitral panel concluded that the landlord failed to repair the neoprene gasket system which held the entirety of the exterior glass for the building in place. As a result of these failures, the exterior curtain wall system was proven to be defective and failing, thus rendering the building uninhabitable. Additionally, the arbitral panel found that the client was constructively evicted and, consequently, released them from over $1M in unpaid rent, as well as approximately $9M in future unpaid rent sought by the landlord.

Construction Litigation and Breach of Contract

Client: Burckhardt Compression, Inc.

Burckhardt Compression (U.S.), Inc. v. ICA Fluor Daniel S. de R.L. de C.V.; ICC Case No. 17108/VRO, International Chamber of Commerce, International Court of Arbitration. Brought suit against ICA Fluor Daniel S. de R.L. de C.V. forcing payment of outstanding invoices involving construction and delivery of three nitrogen reciprocating booster compressor packages for use in an ECA-Nitrogen Injection Facilities Project in Ensenada B.C., Mexico. ICA Fluor Daniel refused payment and demanded offsets and credits for alleged delays.

Construction Litigation

Client: Fed XII, LLC and C.A. Walker, Inc.

Robertson-Ceco II Corporation d/b/a Ceco Building Systems v. Fed XII, LLC and C.A. Walker, Inc.; In the 234th Judicial District Court of Harris County, Texas. Successfully resolved claims asserted against client. On behalf of the client, we asserted competing claims against the general contractor for breach of contract, including Punch List work and liquidated damages. After two mediations, which involved two separate inspections by a third-party neutral architect, we successfully resolved the outstanding Punch List work and settled all claims.

Construction Litigation and Breach of Contract

Client: Finer Space LLP

Finer Space (San Jose) LLP v. Diamond H. Construction, L.L.C., and Mark Hartsell, Individually; In the United States District Court for the Southern District – Houston Division; Civil Action No. H-06-1723. Litigated and negotiated a favorable settlement in federal court for the owner of a multi-million dollar construction dispute concerning a 320 unit apartment complex in Jacksonville, FL. Particularly, the owner claimed negligence, breach of contract and fraud against the general contractor for their failure to complete work and renovate the apartment complex into condominiums.

Construction Litigation

Client: Crain Zamora Construction, LLC

Centerpoint Energy Houston Electric, LLC v. AMCO Mechanical Contractors, Inc., AMCO Landscaping & Irrigation, Inc., AMCO Properties, L.L.C., David Pierce; Crain Zamora Construction Co., and Crain Zamora, L.L.C.; In the County Civil Court at Law No. Four (4) of Harris County, Texas; Cause No. 950,442. Defended general contractor, Crain Zamora, LLC while demanding and, ultimately, procuring defense and indemnity for the client from the subcontractor. Ultimately, the matter was resolved and all settlement costs and attorneys’ fees were satisfied by subcontractor with no out-of-pocket expenses being incurred by client.

Construction Litigation and Breach of Contract

Client: Delta Engineering Corporation

AAA Matter No. 70-198-00681-02; Modec International, LLC v. Delta Engineering Corporation. Successfully defended maritime contractor in construction litigation seeking excess of $2,000,000.00 in damages.

Business Dispute and Breach of Contract

Client: Employer

Obtained complete defense verdict in Phoenix, Arizona for employer defending against former employee who sought unpaid commissions. Following arbitration, the employee’s claims were entirely dismissed and fees were assessed against employee.

Do you have a case? Get a free consultation