Keith R. Hemming

Overview

KEITH R. HEMMING practices in the area of commercial litigation, with an emphasis on representing owners, general contractors, subcontractors, renewable energy firms, designers and manufacturers of building products.  Mr. Hemming regularly prosecutes and defends claims in various Federal and State courts, as well as arbitration tribunals involving all aspects of the design, procurement and construction of infrastructure.

Mr. Hemming began his career as a Deputy Attorney General.  Since entering private practice, he has achieved significant results for his clients in construction claims associated with delay and productivity losses, disputed change orders, payment entitlements, design issues, trade stacking and bid protests.  Mr. Hemming also has experience with matters governed by an array of environmental programs, including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, the New Jersey Spill Compensation and Control Act and the New York Environmental Conservation Law.  He provides further counsel to clients in the negotiation and drafting of all types of construction contracts, including construction management, EPC, EPCM, GMP, cost-plus, subcontractor and design agreements.

In addition to construction claims, Mr. Hemming’s practice has grown to meet the business needs of his clients.  This has afforded Mr. Hemming the opportunity to develop complementary experience in the areas of commercial transactions governed by the Uniform Commercial Code, labor and employment, non-compete agreements, trade secrets, as well as all aspects of real estate financing, leasing, development and management.  The breadth of this experience has made Mr. Hemming a well-rounded litigator and counselor.

  • Listed in Super Lawyers® Rising Stars (2008-2010), a Thomson Reuters business, (no specific practice area selected).  A description of the standard or methodology on which the accolade is based can be found HERE (No aspect of the advertisement has been approved by the Supreme Court).

Mr. Hemming’s pending and recent experience includes:

• Representing an engineering and construction management firm in a pending arbitration involving $20 Million in claims for change orders and delay damages arising out of three public energy efficiency projects

• Representing contractors and energy companies in the application for and securing grants under The New York State Energy Research and Development Authority’s Energy Storage Market Acceleration Bridge Incentive Program  designed to meet the State’s goal of 1,500 MW of energy storage by 2025

• Represented energy company in a six-week trial, resulting in the successful defense of a steel fabricator’s claims for disputed change orders, discharge of the associated construction lien and the complete recovery of the owner’s counterclaim for fabrication errors arising out of a $700 Million project to facilitate plant upgrades

• Represented general contractor in an 18 day arbitration to recover contract balance and change order claims arising out of the construction of a medical facility, resulting in the recovery of contractor’s claims and the successful defense of the owner’s counter-claims for defective workmanship and delays.

• Represented heavy construction fabricator/supplier in the prosecution of a breach of contract claim through trial, resulting in a verdict and recovery on all claims, an award of attorneys’ fees and dismissal of all counter-claims

• Represented specialty trade contractor in the prosecution of claims for disputed change orders and contract balance through trial, resulting in a verdict and complete recovery on all claims

• Representing energy company in pursuit of claims in excess of $12 Million from a design-build contractor

• Represented owner of a 1,115-megawatt power plant in the defense of construction claims associated with plant upgrades

• Represented construction management consortium partner on a $5.6 billion public works construction project, providing advice and counsel concerning compliance with the Federal Acquisition Regulations and the United States Department of Defense’s FAR supplement

• Represented owner in arbitration proceedings concerning design deficiency and cost overrun claims arising out of a $25 million dollar renovation of a high-rise office building

• Represented construction manager in the successful defense and dismissal of all claims associated with alleged construction defects in excess of $10 Million arising out of a 90 unit condominium project

• Represented building owner in the prosecution of claims for design and construction defects arising out of a 240 unit mixed use high-rise project

• Represented international fabricator of entertainment equipment in the pursuit of claims in excess of $10 million arising out of a 4,500,000 square foot entertainment, sports and retail development project

• Represented contractor pursuing $6 million in claims for delays, productivity losses, acceleration and disputed change orders arising out of upgrades to a dual fuel burning power plant

• Represented an environmental contractor in the defense of spill claims brought under the Resource Conservation and Recovery Act and the New York Environmental Conservation Law, alleging the negligent installation of multiple 15,000 gallon underground storage tanks, resulting in dismissal of all claims

• Represented national manufacturer of custom signs and electronic displays in litigated proceedings, resulting in a full recovery of all claims in excess of $2 million for work and materials supplied to a retail development project

• Represented subcontractor in claims for delay, disputed change orders and contract balance arising out of construction project at Newark International Airport, resulting in recovery on claims and complete dismissal of counter-claims

• Represented contractor in claims against the manufacturer of defective construction materials, successfully defeating the manufacturer’s contractual limitations of liability, disclaimers of warranties, and exclusion of consequential damages under the Uniform Commercial Code, resulting in a full recovery of damages incurred 

• Represented energy company in the defense of $15 million in claims arising out of diesel fuel contracts

• Represented international manufacturer of building products and drafted contract documents to support sales operations in the United States

Overview

KEITH R. HEMMING practices in the area of commercial litigation, with an emphasis on representing owners, general contractors, subcontractors, renewable energy firms, designers and manufacturers of building products.  Mr. Hemming regularly prosecutes and defends claims in various Federal and State courts, as well as arbitration tribunals involving all aspects of the design, procurement and construction of infrastructure.

Mr. Hemming began his career as a Deputy Attorney General.  Since entering private practice, he has achieved significant results for his clients in construction claims associated with delay and productivity losses, disputed change orders, payment entitlements, design issues, trade stacking and bid protests.  Mr. Hemming also has experience with matters governed by an array of environmental programs, including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, the New Jersey Spill Compensation and Control Act and the New York Environmental Conservation Law.  He provides further counsel to clients in the negotiation and drafting of all types of construction contracts, including construction management, EPC, EPCM, GMP, cost-plus, subcontractor and design agreements.

In addition to construction claims, Mr. Hemming’s practice has grown to meet the business needs of his clients.  This has afforded Mr. Hemming the opportunity to develop complementary experience in the areas of commercial transactions governed by the Uniform Commercial Code, labor and employment, non-compete agreements, trade secrets, as well as all aspects of real estate financing, leasing, development and management.  The breadth of this experience has made Mr. Hemming a well-rounded litigator and counselor.

  • Listed in Super Lawyers® Rising Stars (2008-2010), a Thomson Reuters business, (no specific practice area selected).  A description of the standard or methodology on which the accolade is based can be found HERE (No aspect of the advertisement has been approved by the Supreme Court).

Mr. Hemming’s pending and recent experience includes:

• Representing an engineering and construction management firm in a pending arbitration involving $20 Million in claims for change orders and delay damages arising out of three public energy efficiency projects

• Representing contractors and energy companies in the application for and securing grants under The New York State Energy Research and Development Authority’s Energy Storage Market Acceleration Bridge Incentive Program  designed to meet the State’s goal of 1,500 MW of energy storage by 2025

• Represented energy company in a six-week trial, resulting in the successful defense of a steel fabricator’s claims for disputed change orders, discharge of the associated construction lien and the complete recovery of the owner’s counterclaim for fabrication errors arising out of a $700 Million project to facilitate plant upgrades

• Represented general contractor in an 18 day arbitration to recover contract balance and change order claims arising out of the construction of a medical facility, resulting in the recovery of contractor’s claims and the successful defense of the owner’s counter-claims for defective workmanship and delays.

• Represented heavy construction fabricator/supplier in the prosecution of a breach of contract claim through trial, resulting in a verdict and recovery on all claims, an award of attorneys’ fees and dismissal of all counter-claims

• Represented specialty trade contractor in the prosecution of claims for disputed change orders and contract balance through trial, resulting in a verdict and complete recovery on all claims

• Representing energy company in pursuit of claims in excess of $12 Million from a design-build contractor

• Represented owner of a 1,115-megawatt power plant in the defense of construction claims associated with plant upgrades

• Represented construction management consortium partner on a $5.6 billion public works construction project, providing advice and counsel concerning compliance with the Federal Acquisition Regulations and the United States Department of Defense’s FAR supplement

• Represented owner in arbitration proceedings concerning design deficiency and cost overrun claims arising out of a $25 million dollar renovation of a high-rise office building

• Represented construction manager in the successful defense and dismissal of all claims associated with alleged construction defects in excess of $10 Million arising out of a 90 unit condominium project

• Represented building owner in the prosecution of claims for design and construction defects arising out of a 240 unit mixed use high-rise project

• Represented international fabricator of entertainment equipment in the pursuit of claims in excess of $10 million arising out of a 4,500,000 square foot entertainment, sports and retail development project

• Represented contractor pursuing $6 million in claims for delays, productivity losses, acceleration and disputed change orders arising out of upgrades to a dual fuel burning power plant

• Represented an environmental contractor in the defense of spill claims brought under the Resource Conservation and Recovery Act and the New York Environmental Conservation Law, alleging the negligent installation of multiple 15,000 gallon underground storage tanks, resulting in dismissal of all claims

• Represented national manufacturer of custom signs and electronic displays in litigated proceedings, resulting in a full recovery of all claims in excess of $2 million for work and materials supplied to a retail development project

• Represented subcontractor in claims for delay, disputed change orders and contract balance arising out of construction project at Newark International Airport, resulting in recovery on claims and complete dismissal of counter-claims

• Represented contractor in claims against the manufacturer of defective construction materials, successfully defeating the manufacturer’s contractual limitations of liability, disclaimers of warranties, and exclusion of consequential damages under the Uniform Commercial Code, resulting in a full recovery of damages incurred 

• Represented energy company in the defense of $15 million in claims arising out of diesel fuel contracts

• Represented international manufacturer of building products and drafted contract documents to support sales operations in the United States

Education

Rutgers, The State University of New Jersey (B.A.)
Rutgers U. School of Law - Newark (J.D.)

Admissions

State of New Jersey
State of New York
U.S. Court of Federal Claims
Commonwealth of Pennsylvania
U.S. District Court, District of New Jersey
U.S. District Court, EDPA
U.S. District Court, MDPA
U.S. District Court, EDNY
U.S. District Court, SDNY
U.S. District Court, WDNY
U.S. Court of Appeals, 3rd Circuit

Memberships

Member, New Jersey State Bar Association's Construction and Public Contracts Section
Member, New Jersey State Bar Association's Environmental Law Section
Member, New Jersey State Bar Association's Business Law Section