Richard J.

Tyler

Position: Partner
Office: New Orleans

Richard Tyler is a partner on the Construction Team. He regularly serves as lead counsel in complex, high-stakes construction disputes.

Rich joined Jones Walker in 1982 and is a former practice leader of the firm’s Construction Practice Group. Widely acknowledged as one of the nation’s top construction attorneys, over the past decade Rich has served as lead counsel in disputes involving more than $500 million in aggregate claim value across the country. He has received top ratings in Chambers USA, The Best Lawyers in America®, The Legal 500 United States, the International Who’s Who of Construction Lawyers, and other major industry publications. Rich is a Fellow of the American College of Construction Lawyers — an exclusive, invitation-only organization with just 230 members worldwide.

Over the course of his career, Rich has handled complex litigation and arbitration matters in the fields of construction and real estate, and has represented virtually every kind of participant — from owners to suppliers — on a wide array of projects and delivery systems. His project experience includes airports, chemical plants, industrial facilities, pipelines, refineries, multifamily housing, hotels, schools, libraries, and hospitals. Further, Rich has wide experience drafting and negotiating construction and design contracts for commercial, industrial, and petrochemical projects.

Drawing on his extensive experience, Rich is able to help clients quickly analyze the merits of an issue, explore the costs and benefits of various dispute-resolution strategies, and make informed decisions on how to proceed. He also understands the challenges facing clients who may not have in-house legal or litigation departments; in straightforward terms, he helps business leaders understand the legal and business issues at hand and their potential effects on a company’s operations and objectives. Once a strategy has been established, he is a tireless advocate for his clients’ position, drawing on his knowledge, experience, and advocacy skills to achieve effective resolutions to even the most challenging disputes.

Rich has been an arbitrator with the American Arbitration Association (AAA) since 2004 and is a member of its Commercial, Construction, and International Centre for Dispute Resolution (ICDR), and Large Complex Case panels. He is a member of the AAA-ICDR Council and a Fellow of the Chartered Institute of Arbitrators (CIArb). Rich is experienced with both ad hoc and administered arbitrations under the AAA, ICC, ICDR, and UNCITRAL arbitration rules, and has served as an arbitrator in more than 50 cases. He has received ADR training from the AAA (commercial, construction, and international), the CIArb (international commercial arbitration), the Harvard Law School Mediation Program, and the Dispute Resolution Board Foundation (Administration & Practice Workshop, Advanced/Chairing Workshop).

As a participant in various associations serving the construction industry, Rich has served as a member of the American Bar Association Forum on Construction Law’s Governing Committee and as chair of the Division 3 (Design) Steering Committee. He frequently writes and speaks on a variety of topics and has participated in seminars and programs for numerous professional organizations.

Rich is an active member of the Fore!Kids Foundation, a charity that produces the annual PGA Zurich Classic of New Orleans golf tournament. In 2019, the Foundation raised and distributed more than $2 million to children’s charities in the Greater New Orleans and Baton Rouge areas, positively impacting the lives of 200,000 children in southeast Louisiana.

Noteworthy

Experience

Lead counsel for mechanical subcontractor in a dispute with an EPC contractor on a $3 billion greenfield chemical plant project in Iowa. Obtained jury verdict for our client in the amount of $62.5 million for breach of contract and consequential damages, and dismissal of $94.5 million in counterclaims for overcharges, delay, inefficiency, and rework of defective work (federal court).
Arbitration panel member hearing $3 million claim for defective construction of a library in Texas (AAA arbitration).
Counsel for a mechanical and structural subcontractor in arbitration with an EPC contractor. Obtained award for our client in the amount of $10.2 million for breach of contract and dismissal of counterclaim seeking $14.24 million in damages for improper billings, delay, inefficiency, and rework of defective work (ICC arbitration).
Arbitration panel chair with respect to a $1.9 million claim by a subcontractor for delay, acceleration, and disruption due to the acts and omissions of a general contractor on a school project in Louisiana (AAA arbitration).
Counsel for the owner in arbitration with a mechanical and erection contractor related to the construction of a direct reduction iron facility in Texas.
Owner claimed extra costs and delay damages due to contractor’s failure to timely complete, and the contractor counterclaimed seeking damages of $40.25 million for breach of contract, failure to grant extensions of time, and failure to approve change orders. The matter was settled at the Terms of Reference stage (ICC arbitration).
Counsel for a subcontractor in a termination dispute with a contractor in Louisiana (litigation).
Counsel for a contractor in litigation over termination of a subcontractor for failure to perform specialty welding in a workmanlike manner at a refinery project in Texas (litigation).
Counsel for a demolition contractor in multiple lawsuits arising from the deconstruction and repurposing of the original Interstate 10 “Twin Spans” bridge across Lake Pontchartrain (litigation).
Lead counsel for a marine contractor with respect to multiple claims arising out of a project to replace a 23 km offshore section of a 28-inch gas pipeline running between Singapore and Indonesia without disrupting service. Prosecuted the contractor claims for delay and extra work in the amount of $18.77 million. The matter was settled at the conclusion of the written submission stage (ad hoc UNCITRAL arbitration).
Lead counsel for a mechanical contractor in a dispute with the owner on a $100 million project to relocate an ammonium nitrate fertilizer plant. Obtained jury verdict for our client in the amount of $7.23 million for breach of contract, and dismissal of $1.5 million in counterclaims for defective work (litigation).
Counsel for a FEMA contractor defending claims that a sitework for a Katrina group housing project ruined the economic development prospects of the landowner’s property, causing $66 million in damages (litigation).
Counsel for a contractor with respect to class and individual actions arising out of failure of the New Orleans area hurricane protection system during Hurricane Katrina (litigation).
Counsel for an airport program manager in multiple suits arising out of the termination of a general contractor (litigation).

Publications

Presentations

Memberships

American Arbitration Association, National Roster of Neutrals since 2004 (Commercial, Construction, International Centre for Dispute Resolution (ICDR), and Large Complex Case Panels); Member, AAA-ICDR Council (2021–present); Co-chair, National Construction Dispute Resolution Committee (2021–present)
American Bar Association, Forum on the Construction Industry, Co-Liaison to AAA National Construction Dispute Resolution Committee (2010–); Governing Committee (2009–2012); Division 3 (Design) Steering Committee, Chair (2006–2008); Member (2002–2006); Planning Committee (2008 Midwinter Meeting); Program Co-Chair (2005 Fall Meeting); Division Communication Task Force (2007–2008); Strategic Planning Committee (2008)
American Bar Association, Section on Litigation, Construction Litigation Committee, Co-Chair, Program Subcommittee (2002–2006); Chair, State Law Survey Subcommittee (1999–2002)
American College of Construction Lawyers, Fellow (2020)
American Society of Heating, Refrigeration and Air Conditioning Engineers, Consultant, Guideline Committee GPC1-1996R; Voting Member, Task Group 1-GLE, General Legal Education (2000–2002), Program Chair (2001–2002)
Chartered Institute of Arbitrators, Fellow (2014)
Defense Research Institute, Construction Law Committee (1996–1998)
International Bar Association, Arbitration Committee; International Construction Projects Committee; Real Estate Section
Litigation Counsel of America, Fellow (2009)
Louisiana Attorney Disciplinary Board, Hearing Committee 9, Member (2001–2004); Chair (2005–2006)
Louisiana State Bar Association
State Bar of Texas