Frank A. Hess

Frank A. Hess is Senior Counsel in the firm’s River Edge office, and has significant experience with power plants and manufacturing facilities.  

Frank A. Hess

Senior Counsel

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201.343.3434

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201.343.6306

“Our team is equipped to handle virtually every aspect of contracting with the federal government. Whether it be bid protests, claim preparation, corporate compliance and ethics programs, or government contract accounting, we regularly help our clients successfully navigate a maze of complex issues.”

Bio

Notable representation includes the following matters:

  • Represented EPC contractor in lawsuit filed in the United States District Court for the SouthernDistrict of New York by subcontractor that provided construction and engineering services for the refurbishment of a hydrostatic turbine generator.
  • Successfully defended against owner’s contention in arbitration before the International Chamber of Commerce that construction contract was void and unenforceable due to bribery that occurred in connection with construction of pulp manufacturing plant located in Indonesia; received multimillion-dollar recovery for contractor.
  • Represented EPC contractor in arbitration pending before the American Arbitration Association initiated by construction subcontractor arising out of the construction of a power block portion of a power plant.
  • Represented EPC contractor in action for injunctive relief filed in New York Supreme Court against owner’s attempt to draw on performance letter of credit posted in connection with construction of copper mining facility.
  • Represented EPC contractor in dispute initiated before the American Arbitration Association by construction subcontractor arising out of the construction of a facility containing four turbine generator units, as an addition to an existing power plant.

Mr. Hess received his Bachelor of Science degree from the University of Illinois and his law degree from the Southern Illinois University School of Law, where he was Articles Editor for the Southern Illinois University Law Journal. He was also a Research Assistant to Associate Professor Grauer, with whom he collaborated in authoring a significant article on antitrust law that was published in the Michigan Law Review and later quoted by the United States Supreme Court.

Mr. Hess is admitted to practice law before the United States Court of Federal Claims, the United States District Court for Southern and Eastern Districts of New York and the District of New Jersey, as well as the courts of the States of New Jersey, and New York. Mr. Hess is a member of the American Bar Association Section of Litigation, the Forum on Construction Industry, and the United States Court of Federal Claims Bar Association. He is also a member of the New Jersey State Bar Association and the New York State Bar Association.

Practice

Highlights

Admissions

State of New Jersey

State of New York

Supreme Court of New Jersey

New York Supreme Court – Admitted in 3rd Dept.

United States District Court for the District of New Jersey

United States Court of Federal Claims

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

Memberships

New Jersey State Bar Association

New York State Bar Association

American Bar Association (Section on Litigation, Section of Public Contract Law and Forum on the Construction Industry)

United States Court of Federal Claims Bar Association

Education

University of Illinois, B.S

Southern Illinois University School of Law, J.D.

Publications & Presentations

“Defending a Civil False Claims Act Case: Practical Considerations,” False Claims in Construction Contracts; Federal, State and Local, American Bar Association, 2007 (with Patrick J. Greene, Jr.).

“Managing Subcontractor Claims in Construction Litigation with the Owner,” Construct!, Winter 2005, Vol. 14, No.2 (with Patrick J. Greene, Jr.).

“False Claims Liability For Construction Contractors: Severe Penalties For Imperfect Performance,” 217 N. J. Law. 41, Oct. 2002, (with Patrick J. Greene, Jr.).

“Utilizing Electronic Presentations and Graphics to Present Facts in Complex Litigation from the Perspective of Trial Counsel and the Judge,” Aug. 2008 (before the Construction Litigation Committee of the American Bar Association Section of Litigation (with the Hon. Anthony S. Borwick).