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Mr. Gilbert assists clients to develop vertical or linear public/private projects. His representation of clients requires coordinating multiple legal, business, and political disciplines to serve the client's ultimate goals. Representative clients include public and private owners, developers, contractors, and engineers. Mr. Gilbert's practice involves drafting and negotiating complex agreements a wide variety of complex projects; shepherding clients through all project phases from inception, procurement, implementation, and completion; working with local, state, and federal agencies; resolving project disputes, including delay and impact claims that threaten project timelines and deliverables. Mr. Gilbert has drafted a variety of complex and specialized contracts for transportation projects, PPP(s), DBOM agreements, guaranteed energy‐savings performance contracts, EPC agreements for biomass facilities; pipeline design and construction projects; design‐build contracts for large solar‐energy projects; design and construction contracts for large hotel/casino remodel and retrofit projects; energy‐savings contracts for phased improvement projects on a university campus, state and federal facilities; and design and construction management contracts using a multiple prime approach. Representation of clients also includes business litigation, construction litigation, professional negligence defense, products liability, and insurance coverage. His experience includes representing clients in both state and federal courts. Mr. Gilbert is admitted to practice in Nevada, California, and before the United States District Court of Nevada, United States District Court of California, and the Ninth Circuit. He currently serves as the Administrative Partner of Holland & Hart's Las Vegas office.
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Governmental Agency - Pipeline: Represented governmental agency in connection with design and construction of a $1B water pipeline project. Project development legal support required drafting complete contract and procurement package including design agreements for 10 design phases, construction manager agreement for agency CM, construction agreements for all construction packages, purchase agreements for large turbine equipment and integration risk support agreements.
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Passenger High Speed Rail: Outside general counsel for the passenger high speed rail project connecting Las Vegas, Nevada, to southern California. Representation of owner includes providing legal support for all phases of NEPA work, regulatory advice (local, state and federal), Surface Transportation Board representation, financing, land acquisition, permitting, construction contracts and negotiation, procurement, and policy.
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Public School System: Representation of program manager for a public school district charged with redeveloping 25 schools. The $300M project required a multiple prime approach and a five year schedule. Drafted all agreements required to implement the project on behalf of program manger including architect agreements (both for new construction with a LEED goal and for retrofit), design consultant agreements, construction agreements (including new construction with a LEED goal) and all construction manager agreements.
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Resort Casino: Represented owner on resort casino project. Representation involved drafting contracts including: prime agreement with contractor—cost plus with a GMP, executive architect agreement, and design architect agreement.
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Resort Destination: Represented owner on retail development with 250-ft observation wheel. Contracts included: general contractor agreement for retail development, design-build wheel cabin supply agreement, design agreement for wheel and wheel structure, general contractor agreement for wheel construction, and implosion demolition agreement for existing structures.
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Sports Arena and Stadium: Representation of City on its arena and stadium project supported by private financing, public bonds, and public land leases. Responsible for legal support during development phases, drafting development agreements, operating leases, and construction contract approvals.
| | Published Cases |
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Terracon Consultants Western, Inc., et al. v. Mandalay Resort Group, et al.
Supreme Court of the State of Nevada
Date Published: March 2009; Client: Terracon Consultants Western, Inc.
| | Representative Cases |
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Marnell Corrao Associates, Inc. v. Powell Cabinet & Fixture Co., Inc.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: July 25, 2009; Client: Marnell Corrao Associates, Inc.
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Blakelore, LLC v. Jeffrey Earl Fegert, et al.
Superior Court of Washington, County of San Juan
Date Case Filed: April 2007; Client: Jeffrey Earl Fegert
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Telecom Acquisition Corp., I, LLC v. International Housing Development Group, Corp. United States District Court, District of Nevada
Date Case Filed: June 2005; Client: Telecom Acquisition Corp., I, LLC
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Target Construction, Inc. v. PCL Construction
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: March 2005; Client: Target Construction, Inc.
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The Vons Companies, Inc. v. Del Webb Communities, Inc.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: March 2005; Client: Del Webb Communities, Inc.
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Roberts Managing Contractors, Inc. v. Nu‐Power, Inc.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: October 2004; Client: Nu‐Power, Inc.
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Southwest Paving and Grading, et al. v. Target Construction, Inc., et al.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: April 2003; Client: Target Construction, Inc.
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Mona Co. Development, LLC, et al. v. Terracon, Inc., et al.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: April 2002; Client: Terracon Consultants, Inc.
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Loyal Crownover, et al. v. Travelers Casualty and Surety Co.
Eighth Judicial District Court, Clark County, Nevada
Date Case Filed: October 1999; Client: Travelers Casualty and Surety Co.
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- Named a leading attorney by Nevada Super Lawyers
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- Co-chair, TerraLex Construction Industry Practice Group
- UNLV School of Construction Management, Adjunct Professor of Construction Law
- Member, State Bar of Nevada
- Member, State Bar of California
- Member, Clark County Bar Association
- Member, American Bar Association
- Member, Forum Committee on Construction Industry section of the American Bar Association
- Lecturer, Lorman Education and National Business Institute
- Member, US Green Building Council, Nevada Chapter
- Member, Section of Public Utility, Communications and Transportation Law of the American Bar Association
- Member, Railroads Committee of the American Bar Association
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Nevada Real Estate & Development Report
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University of the Pacific, McGeorge School of Law (J.D., 1997)
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University of California at Santa Barbara (B.A., 1991)
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