Nicholas A. Merrell

Practice Areas

Nick Merrell provides value by proactively managing cases with an eye toward dispute avoidance and resolution. His practice focuses on government contracts and construction litigation.

Nick has advised clients in a variety of venues and disputes, including international arbitration proceedings and federal government bid protests. He represents general contractors, designers, sureties, and owners on a wide variety of billing disputes, such as terminations for default, preparation of delay and disruption claims, fraudulent billing cases, avoidance of fraudulent real property transfers, advising government contractors on ethics compliance programs, small business affiliation and DBE issues, licensure issues for both contractors and engineers, claims under prompt payment statues and labor compliance.

Publications

Author: “Preserving the Rights to Payment – Mechanic’s Lien, Stop Payment Notice, Payment and Performance Bonds,” California Construction Law (April 2014).

Author: "Perfection! An Asset-Specific Guide to Creating Security Interests," From the Ground Up (Winter 2011-2012).

Author: "Defending Prompt Payment Actions With Statutory Settlement Offers," From the Ground Up (Winter 2007 - 2008).

Work Highlights

Obtained antisuit injunction enforcing forum selection clause and prohibiting UAE subcontractor and its two lower-tier affiliates from prosecuting lawsuits against ENR Top 15 contractor in Lebanon and Djibouti.

Secured favorable settlements for Dubai-based developer in connection with five arbitration proceedings arising out of failed slurry wall on Infinity Tower in Dubai Marina.

Prevailed against public utility protestor at the GAO in connection with award of $500 million military utilities privatization contract, resulting in published opinion covering novel area of law.

Represented contractor in connection with protest of $2 billion logistical support contract for the National Science Foundation’s Antarctic Program.

Obtained zero-loss settlement for performance bond surety against the City and County of San Francisco on $120 million bus procurement.

Prosecuted claims by contractor on lawsuit for breach of joint venture agreement arising out of largest solar power project in the world.

Obtained 100% recovery for prime contractor, plus interest and attorneys’ fees, on $26 million shopping mall project outside of Sacramento, California with bankrupt owner in connection with one of largest bankruptcies in United States history.

Negotiated 100% recovery on claims of prime contractor, plus award of additional completion work, on $11 million distressed commercial real estate.