• PRACTICE FOCUS+
  • INDUSTRIES+
  • EDUCATION+
    • New York Law School
      J.D., cum laude, 1992; Member, New York Law School Law Review
    • University of South Carolina
      B.A. in Journalism, 1981
  • ADMISSIONS+
    • New York
    • New Jersey
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, District of New Jersey
    • Florida
    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, Middle District of Florida
  • CLERKSHIP+

William J. Tinsley, Jr.

For more than 20 years, Bill Tinsley has provided contractors, subcontractors, material suppliers, architects, engineers, owners, sureties and others with pragmatic, cost effective resolution of  complex claims and disputes through litigation, arbitration and mediation. Mr. Tinsley also drafts and negotiates design, construction and subcontracting agreements and is an experienced appellate attorney.

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For more than 20 years, Bill Tinsley has provided contractors, subcontractors, material suppliers, architects, engineers, owners, sureties and others with pragmatic, cost effective resolution of  complex claims and disputes through litigation, arbitration and mediation. Mr. Tinsley also drafts and negotiates design, construction and subcontracting agreements and is an experienced appellate attorney.

Mr. Tinsley has represented clients on both public and private projects including light rail, bridges, power plants, hotels, pharmaceutical laboratories, high rise buildings, retail centers, condominium projects, schools, force main sewers, highways and other types of infrastructure improvements. Disputes resolved include: design and construction defects; cost overruns; interference, impact and delay claims; bid protests; prevailing wage and labor issues; unforeseen site conditions; debt collection; takeover and completion assignments; bond claims; and liens. He has written articles and lectured other industry professionals concerning design build contracting and unforeseen design liability issues.

In addition, Mr. Tinsley has successfully resolved complex commercial disputes involving fraud, purchase/supply agreements, class action defense, insurance, sale of private companies, non-compete agreements, landlord-tenant disputes and many other types of commercial business disputes.

Prior to practicing law, Mr. Tinsley was an executive for an international cargo salvage company and also worked in commercial development and construction. Prior to joining Phelps Dunbar, Mr. Tinsley was a member of Sills Cummis & Gross in New York and New Jersey and a partner at Goldberg & Connolly in New York.

Experience

  • Defended a state-owned transit corporation in a litigation brought by a construction consortium alleging approximately $280 million in contract damages related to its construction of a light rail transit system. After approximately 50 days at trial, the case was favorably settled.
  • On appeal, reinstated a dismissed, approximately $9 million claim brought by structural steel fabricator seeking payment for steel supplied to a failed casino project.
  • Achieved a favorable settlement resolving litigation filed on behalf of an engineering/software company against a public entity after the client was defaulted from its contract to supply a computerized sign maintenance/control system.
  • Defended class action on behalf of a surety in a matter in which plaintiffs sought damages in excess of $5 million for alleged prevailing wage violations for work performed at multiple public projects. The case was favorably settled prior to trial.
  • Coordinated efforts of multiple law firms in facilitating global settlement of state and district court class actions against former director and officer clients of a failed life insurance company.
  • Filed litigation on behalf of surety against a county government alleging contract damages in excess of $8.5 million caused by the county after the general contractor was defaulted from a force main sewer construction project and the surety client completed construction of the project. The litigation was favorably settled during a jury trial.
  • Defended developer-sponsor against claims in excess of $3.5 million by condominium association alleging faulty construction and failure to properly fund association budget prior to transition to association. The litigation was settled prior to trial.
  • Terminated former architect on a high-rise renovation project in mid-town Manhattan. Drafted takeover agreement with replacement architect. Drafted general conditions, contraction contract and bid package for approximately $30 million in interior renovations. Serve as member of dispute resolution board on behalf of owner.

Insights

Publications
Speaking Engagements
  • False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry (September 2017)
  • Presenter, “Contracts In Court Do Not Always Mean What They Say,” Mitsubishi Heavy Industries, Ltd. International Legal Group, Tokyo, Japan (May 2007)
  • Presenter, “Lines in the Sand: Where Does Design Start and Construction Stop?” American Bar Association Forum on the Construction Industry CLE, Scottsdale, Arizona (October 2006)
  • Presenter, “Owner’s and Contractor’s Guide to Dispute Recognition and Resolution,” Philadelphia, Pennsylvania and New York, NY (June 2004)
  • Panel Presenter, American Bar Association Surety and Fidelity Conference, San Francisco, California (2004)
  • Panel Presenter, The “Owners” Construction Super Conference, San Francisco, California (2003)

Memberships & Affiliations

  • American Bar Association - Forum on Construction, Fidelity and Surety Law Committee
  • National Bond Claims Association

Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • New York Metro Super Lawyers