Daniel Gonzales maintains a dedicated full-time practice focused on international litigation and arbitration, with a particular emphasis on the resolution of large-scale, complex construction disputes in the United States and internationally.
His experience spans major infrastructure and energy projects, including mega-projects and EPC arrangements, as well as alternative project delivery systems. He represents a broad range of stakeholders across the construction and infrastructure sectors, including multinational corporations, domestic and international project owners, developers, contractors, and design professionals. In addition, he represents power sector clients in complex administrative and contractual disputes, including matters involving tariff and rate issues, foreign taxation, and transmission line agreements. We asked him how his expertise informs his approach on the American Arbitration Association® Construction Panel.
Q. What types of construction disputes do you typically handle as an arbitrator or mediator?
I have served as arbitrator in over 20 cases and as mediator in 10 matters as of this writing, all involving complex construction and infrastructure disputes with amounts in controversy ranging from tens to hundreds of millions of dollars.
My experience spans a wide range of dispute resolution mechanisms, including arbitration, mediation, dispute review boards (DRBs), and mini-trials in both U.S. and international construction projects. The matters I have handled include delay and inefficiency claims, disruption and impact claims, environmental cost recovery and allocation disputes, and commercial contract issues, including assumption and indemnity agreements.
I also have significant experience with EPC and design-build contracting structures, which frequently underpin the disputes in which I am involved.
Q. What drew you to ADR work in the construction space? What do you value most about serving as a neutral on the AAA’s Construction Panel?
My over 35 years handling construction disputes made me very comfortable understanding these sorts of disputes and which ones merit some form of ADR.
Q. Are you noticing any emerging issues or trends in construction cases coming to arbitration?
We are seeing more mega projects engage lawyers and consultants earlier in the project timeline to assist with early dispute prevention. And, if not able to prevent the dispute, being more proactive about contract compliance and project letters that form the dispute narrative that is later used for negotiations and disputes.
Q. What advice do you have for parties preparing for arbitration or mediation in complex construction disputes?
Engage with outside counsel earlier so you can better prepare and assess potential disputes on mega construction projects. Consider using Dispute Resolution Boards or other means to resolve disputes along the way rather than allowing them to accumulate to become mega disputes in the mega project.