Photo of William J. Tinsley, Jr.
  • 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+
    • Florida
    • New Jersey
    • New York
    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, District of New Jersey
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Southern District of New York
  • CLERKSHIP+

For more than 25 years, Bill Tinsley has provided design professionals, owners, contractors and sureties with pragmatic, cost-effective resolution of complex claims and disputes through litigation, arbitration and mediation. His practice includes drafts and negotiates design and construction contracts for traditional and alternative contract delivery methods including design-build and construction management. Each contract is tailored to meet specific project requirements. Additionally, Bill provides full support, legal services for large projects from conception to project closeout for owner/developers, contractors, joint ventures and design professionals including contract development, claims management and dispute resolution.

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For more than 25 years, Bill Tinsley has provided design professionals, owners, contractors and sureties with pragmatic, cost-effective resolution of complex claims and disputes through litigation, arbitration and mediation. His practice includes drafts and negotiates design and construction contracts for traditional and alternative contract delivery methods including design-build and construction management. Each contract is tailored to meet specific project requirements. Additionally, Bill provides full support, legal services for large projects from conception to project closeout for owner/developers, contractors, joint ventures and design professionals including contract development, claims management and dispute resolution.

Bill has represented clients throughout the United States on public and private projects including light rail, power plants, hotels, high rise buildings, pharmaceutical laboratories, retail centers, university buildings, highways, bridges and many other types of infrastructure improvements. Disputes successfully 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
  • liens

Bill has authored multiple articles and frequently provides presentations to other attorneys and industry professionals concerning best practices for design-build and other contract delivery methods, as well as dispute resolution and risk avoidance.

Bill is currently a Board Member and the Chair of Legal Affairs for the Design Build Institute of America, Florida Region and serves on the DBIA national 2019 Contract Documents Committee. Prior to joining Phelps in 2015, he was a Member of Sills Cummis in New Jersey and New York and a Partner at Goldberg & Connolly in New York.

Experience

  • Currently serves as the owner's counsel for development and construction of the tallest building in New Jersey - a 79-story, high-rise condominium project located in Jersey City, NJ.
  • 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.
  • 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
  • Moderator, "Practitioner's Forum" and "Design-Build Requests for Proposals/Qualifications: Owner & Practitioner Perspectives," 2018 Annual Design Build Institute of America Conference - Florida Region, St. Petersburg, FL (October 2018)
  • Co-Presenter, "False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry," Webinar (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, 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)

Memberships & Affiliations

  • American Bar Association - Forum on Construction
  • Design-Build Institute of America Florida Region - 2019 Board of Directors and Chair of Legal Affairs
  • Design-Build Institute of America - Member, 2019 Contracts Documents Committee

Recognition

  • AV® Preeminent Peer Review Rated by Martindale-Hubbell, 2002-2019
  • Selected to the New York Metro Super Lawyers list, Super Lawyers (Thomson Reuters), 2012-2014

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

  • Florida
  • New Jersey
  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • Currently serves as the owner's counsel for development and construction of the tallest building in New Jersey - a 79-story, high-rise condominium project located in Jersey City, NJ.
  • 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.
  • 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.
Publications
Speaking Engagements
  • Moderator, "Practitioner's Forum" and "Design-Build Requests for Proposals/Qualifications: Owner & Practitioner Perspectives," 2018 Annual Design Build Institute of America Conference - Florida Region, St. Petersburg, FL (October 2018)
  • Co-Presenter, "False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry," Webinar (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, 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)
  • American Bar Association - Forum on Construction
  • Design-Build Institute of America Florida Region - 2019 Board of Directors and Chair of Legal Affairs
  • Design-Build Institute of America - Member, 2019 Contracts Documents Committee
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell, 2002-2019
  • Selected to the New York Metro Super Lawyers list, Super Lawyers (Thomson Reuters), 2012-2014