B. Christopher Lee (vCard)

B. Christopher Lee is a shareholder of Jacoby Donner, P.C. Mr. Lee concentrates his practice in construction law, design professional liability litigation and other complex commercial litigation and dispute resolution. He also devotes a significant portion of his time as a neutral for the American Arbitration Association, serving as a mediator and arbitrator on the Commercial, Construction, International and Large Complex Case Panels. He is an active member of the National Construction Dispute Resolution Committee, which is the advisory committee to the American Arbitration Association (free log-in required). Since 2006, Mr. Lee has been annually selected by his peers as one of the eight Philadelphia lawyers listed in The Best Lawyers in America (Woodward and White) for construction law.   

Mr. Lee is a Fellow of the Chartered Institute of Arbitrators. He has also been appointed to serve as a Judge, Pro Tempore, for the Philadelphia Court of Common Pleas Commerce Program, through which he assists the Court in resolving complex cases. In 2009 he was certified by the International Mediation Institute.  He also serves on the Philadelphia Bar Association's Federal Courts and Construction Law Committee. He is a frequent author and lecturer on construction and alternate dispute resolution issues.

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Mr. Lee is a cum laude graduate of Washington & Lee University and earned his J.D. from Temple University School of Law. Mr. Lee has been admitted to the bar in both Pennsylvania and New Jersey.

In addition to his legal activities, Mr. Lee is a Past President of the Board of Trustees of CHAD, The Charter High School for Architecture and Design of Philadelphia, and is currently Vice President of its foundation.  He is also a member of The Devereux Pennsylvania Advisory Board. Mr. Lee is also a director and past president of the Philadelphia Chapter of the Washington & Lee University Alumni Association and has served on the University's National Alumni Board. He has also served as a board member of Earthstar Bank.

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Detailed Resumé

Career History

• Managing Shareholder, Jacoby Donner, P.C. (2003-2009)
• Shareholder, Jacoby Donner, P.C. (1995-Present)
• Partner, Bolger & Picker (1980-1995)
• Deputy Attorney General, Pennsylvania Department of Justice (1978-80)
• Law Clerk, Hon. Lois G. Forer, Court of Common Pleas, Philadelphia, Major Civil Trials (1976-77)
  

• Temple University School of Law (J.D. 1976)
• Washington & Lee University (B.A. 1971, cum laude)
  

• American Bar Association (Forum Committee on the Construction Industry; Fidelity & Surety Committee, International Law Committee; Dispute Resolution Committee)
• Pennsylvania Bar Association (Arbitration & Mediation Committee)
• Philadelphia Bar Association (Federal Courts Committee)
• New Jersey Bar Association (Construction Committee)
• Delaware Valley Green Building Council 
• General Building Contractors Association (Affiliate Member)
• Building Contractors Association of New Jersey (Associate Member)
• Building Contractors Association of South Jersey (Associate Member)
• American Arbitration Association (International Panel; Large Complex Case Construction Panel; Commercial Arbitration and Mediation Panels)
• American Concrete Institute (Affiliate Member)
• American Institute of Architects (Affiliate Member)
• Engineers' Club of Philadelphia (Affiliate Member)
• National Bond Claims Association
• Pennsylvania Council of Mediators
• Construction Financial Management Association, Philadelphia Chapter (Board Member, 2002-2004; 2009-2010)
  

• Fellow, Chartered Institute of Arbitrators
• Judge, Pro Tempore, Philadelphia Court of Common Pleas, Commercial Case Program
• Listed in 2006-2010 The Best Lawyers in America (Woodward and White) for Construction Law
• American Arbitration Association, National Construction Dispute Resolution Committee
• American Arbitration Association, Construction Arbitrator Master Panel
  

• Board of Trustees of The Charter High School for Architecture and Design ("CHAD") (2000-2007) (President, 2004-2006)
• Vice-President, Designing Futures Foundation (2007-Present)
• Board Member, Pennsylvania Advisory Board of the Devereux Foundation (2004-Present)
• Board Member, Earthstar Bank (2003-2005)
• Alumni Board of Directors of Washington & Lee University
  (1998-2002)
• Director and Past President of the Philadelphia Chapter, Washington & Lee University Alumni Association (1978-Present)
• Officer and Board Member of The Chester Valley Golf Club
  (1992-2000)

Representative Cases

Construction Cases

• Represented electrical contractor terminated from major utility project.  After 14 day arbitration, prevailed on Cardinal Change theory and received an award for $2,300,000 plus interest.  Awarded total costs and half of profit.  Construction Manager's claim for damages was rejected.
• Represented owner in roof collapse of a 40-acre distribution facility for major retailer. Retained expert and negotiated complete $8,000,000 repair by contractor and structural steel supplier. Negotiated $10,000,000 settlement of client's business interruption claim against its own insurance carrier.
• Represented general contractor in $1,400,000 claim against owner concerning construction of a strip mall. Owner counterclaimed for $2,000,000. Twenty-five day arbitration resulted in $1,800,000 award in favor of general contractor which included interest and reimbursement for attorneys fees.
• Represented owner in claim against contractor and subs for use of defective fill on strip mall. Recovered full $1,600,000 of damages after litigation and successful mediation.
• Defended conveyer subcontractor and surety in claim for $23,000,000 brought by Oregon owner of a co-generation plant against the contractor, design professionals and other subcontractors. Successfully extricated client from case through summary judgment.
• Defended contractor against RICO claim arising out of $5,000,000 historic renovation project, wherein partner of owner entity claimed other partner and contractor secretly diverted funds from the partnership. After winning a motion to compel arbitration, the plaintiff sought to avoid arbitration by filing an involuntary petition for bankruptcy. Succeeded in motion to have the District Court withdraw the reference to Bankruptcy Court and direct the parties to proceed with arbitration. Fifteen day arbitration resulted in contractor retaining all questioned payments.
• Defended owner in claim by general contractor for extras and delay damages on a multimillion dollar historic renovation project in Philadelphia. After twenty-three days of arbitration, general contractor was awarded 25% of its claim and settled for approximately 15% of its claim, an amount less than that offered in settlement at the outset of the case.
• Represented the HVAC contractor in a claim against its design engineer arising from errors and omissions in the preliminary design-build plans prepared for bidding on an Atlantic City casino. The case was favorably settled after a two-week trial.
• Represented twenty-one subcontractors in a case against the owner, general contractor and lender on a multi-unit, low income project in Reading. The case was settled prior to trial for the full amount of the claim plus interest.
• Represented plumbing contractor in million dollar claim for extras on high rise hotel renovation in Center City Philadelphia. Case resolved favorably in mediation prior to completion of discovery.
• Represented owner of suburban low-rise office and warehouse facility in claim against contractor and design professionals for defectively constructed facade and window penetrations. Negotiated remedial construction at no cost to owner.
• Defended architect in owner's multimillion dollar claim for failure of pre-stressed concrete garage. Case was settled with no contribution by architect.
• Defense of architects and engineers in professional liability cases.
• Pursued numerous mechanics' lien and bond claims.
  

• Represented wholesaler in action against its software consultants who claimed proprietary rights in client's products and refused to supply source code necessary to support the products. Obtained temporary restraining order and preliminary injunction directing turn-over of source code. Defendants appealed asserting the complaint did not state a substantive RICO claim and that the court had no jurisdiction. After remand for further factual development, the District Court denied a motion to dismiss the amended complaint. The defendants ceased defending resulting in a permanent injunction and a judgment for $22,000,000.00.
• Represented clean room design builder in action against former employees who misappropriated trade secret and proprietary information to set up competing business.  Obtained ex parte order directing Federal Marshall to seize computers of former employees by arguing that notice to opposing party and/or counsel would create danger of destruction of digitall information.  Case resolved with monetary payment and consent order for permanent injunction.  Competing business discontinued.
• Represented design builder of proprietary high tech facilities in suit against departing employees who misappropriated trade secret and proprietary information to set up competing company. Obtained order from Court authorizing U.S. Marshal to seize computers without notice and case settled favorably thereafter with a substantial payment and termination of competing business.
• Represented former owner of manufacturing facility in diversity action seeking payment of final installment payments. Purchasers defended asserting counterclaims for environmental clean-up costs assessed by Pennsylvania Department of Environmental Resources. Obtained summary judgment in client's favor and defeated the counterclaim based upon contractual limitation period in sales agreement.
• Defended wholesaler and its principals in multimillion dollar RICO claim by foreign supplier. Court entered summary judgment based upon the forum selection and choice of law clauses in the agreement between the parties.
• Defended Metropolitan Dade County in multimillion dollar claim by manufacturer of mass transit rail cars. Succeeded in having trial court transfer the case to the Southern District of Florida, and defeated mandamus action in the Third Circuit seeking reversal.
• Represented investment banking firm seeking unpaid finders' fee for financing. Obtained judgment for full amount and counsel fees which was affirmed on appeal.
• Litigated numerous injunctions involving claims for breach of restrictive covenants in employment contracts.
• Counseled groups of lawyers, accountants and other professionals in departures from their firms to create competing firms.
• Represented clients in proceedings and investigations by administrative agencies, including the Bureau of Consumer Protection and the Securities and Exchange Commission.
• Defended numerous security companies against damage claims alleging faulty alarm systems or negligent guards.
  

• Represented Development Manager for construction of Philadelphia Eagles new football stadium (Lincoln Financial Field), including preparation and negotiation of client's contracts with owner, architect, and construction manager.
• Prepared Pennsylvania contract documents for use by publicly traded developer of major auto racing venues.
• Preparation and negotiation of contract documents for development of extreme sports facility in Trenton, New Jersey.
  

• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc.,
  1995 WL (E.D.Pa.); RICO Bus. Disp. Guide (1995)
• Marlee Electronics Corp. v. Eclectic Technologies Corp.,
  1993 WL 30081 (E.D.Pa.); RICO Bus. Disp. Guide 8221 (1993)
• Nova Ribbon Products, Inc. v. Lincoln Ribbon, Inc.,
  1992 WL 211544 (E.D.Pa.); RICO Bus. Disp. Guide 8148 (1992)
• Marlee Electronics Corp. v. Eclectic Technologies Corp.,
  1990 WL 171532 (E.D.Pa.)
• Seltzer v. Klein,
  1989 WL 51288 (E.D.Pa.)
• Budd Company v. Mass Transit Administration and Metropolitan Dade County, Florida,
  1986 WL 3852 (E.D.Pa.)
• Dynaforce Corporation v. Temp-Way Corporation,
  80 B.R. 699 (U.S.B.C. E.D.Pa. 1987)

Publications

Publications

B. Christopher Lee contributed to the November 2004 edition of The Philadelphia Business Journal on the topic of ownership of architectural plans.

B. Christopher Lee contributed to the June 2004 edition of The Philadelphia Business Journal on the topic of the impact of payment bonds.

B. Christopher Lee contributed to the January 2004 edition of The Philadelphia Business Journal on the topic of conflict avoidance in construction.

B. Christopher Lee contributed to the August 2003 edition of The Philadelphia Business Journal on the topic of broad form indemnity.

"Indemnity Clauses -- How Much Risk is Too Much?" Construction Today, General Building Contractors Association, Inc. Summer, 2003.

B. Christopher Lee contributed to the March 2003 edition of The Philadelphia Business Journal on the topic of construction releases.

"Whose Mediation is it Anyway?" Construction Today, General Building Contractors Association, Inc. Issue 3, 2000.

"Written Employment Contracts for Association Executives - Should You Have One?" Wisconsin Society of Association Executives Newsletter. September/October 1998.

"Understanding Subcontract Agreements." Sheet Metal Contractors' Association of Philadelphia and vicinity. June 1992, Vol. 3, No. 11.

"Understanding Subcontract Agreements is Key." Tri-State Real Estate Journal, Construction Monthly. April 1990.

"Drafting Effective Construction Contracts," Construction Education Management Corporation. March 1990.

"Pennsylvania Mechanics' Liens and Bonds." Professional Education Systems. 1988.

"How to Reduce the Risk of Claims on a Project with Careful Personnel Selection." Tri-State Real Estate Journal, Construction Monthly. February 1987.

"How to Avoid Working for Free." 1997

Seminars/Speaking Engagements

Addressed GBCA and CFMA on Pitfalls of Green Construction (April 2010)

Panel Member/Presentor at a Jacoby Donner seminar conducted jointly with the construction insurance specialists of The Graham Company on "The 2007 Revisions to the AIA Contract Forms -- A Further Look" with Stanley B. Edelstein (February 28, 2008)

Addressed the CFMA on "A First Look at the New AIA Documents and Consensus Documents" with Stanley B. Edelstein and Shana McMahon (March 6, 2008).

Addressed the November Full Membership Meeting of the Building Contractors Association of South Jersey on "A First Look at the New AIA Documents and Consensus Documents" with Margaret M. Underwood and Stanley B. Edelstein (November 15, 2007).

Addressed the International Academy of Mediators at the Annual Conference in Philadelphia, PA (May 25, 2007)

Panel Member/Presenter at the AAA Mediation Conference, Miami, FL on "Using Quantitative Evaluation Methods:  Decision Trees in Construction Mediation" (March 30, 2007).

Panelist, Dispute Resolution Division of the ABA Forum Committee on the Construction Industry on "Arbitrator Disclosure to Avoid Vacatur of Awards" (May 2006)

Spring Leadership Forum of the Construction Management Association of America on "Legal Tools for Addressing Price Escalation in Construction Work" (May 2006)

Panelist, American Subcontractor's Association, Delaware Valley Chapter, on "Impact of Owner Controlled Insurance Policies" (March 2005)

Pennsylvania Institute of Certified Public Accountants on "Pitfalls in Constructing Contracts" (October 2004)

Panelist, American Arbitration Association on "Best Practices in Complex Construction Arbitration" (June 2004)

Construction Financial Management Association on "Contractual Risk Transfer"  (December 2003)

NECA, South Jersey Chapter on "Construction Claims in New Jersey" (May 2003)

Construction Financial Management Association on current legal issues in construction (February 2002)

Lorman Education Services sponsored a seminar on "Pennsylvania Construction Issues - Payment & Claims Process" (December 2000)

Combined Industry Construction Affairs Council on "Reintroduction to the New AIA 201"(February 1999)

Construction Financial Management Association on "Introduction to the New AIA 201" (January 1998)

Construction Financial Management Association on "Understanding the Payment Process in Construction" (1997)