Christopher J. Zarda

Experience

Real Estate and Construction Contracts and Projects

• Represented project owners and assisted project managers in negotiating and preparing design and construction contracts for commercial data centers located throughout the United States with project totals exceeding $5 billion in the aggregate.
• Assisted Fortune 100 telecommunications company in the negotiations of private easements for placement of fiber optic cable, fiber optic cable relocation agreements, license agreements with municipalities for placement and maintenance of fiber optic cables in public right-of-way, and preparation of right-of-way permits.
• Representation of regional real estate developer with the disposition of hundreds of lots in lieu of lender's enforcement of guaranty.
• Representation of regional sand mining company in negotiations with city and county zoning boards to procure permits to commence mining efforts on local waterways.
• Representation of industrial manufacturing company in negotiating and drafting commercial lease workout agreements which permitted client to prematurely terminate lengthy lease obligation.

Real Estate and Construction Litigation

• Successful representation of general contractor in breach of contract claim brought by municipality with respect to excusable delays in the construction of a large water purification plant.
• Representation of general contractor in breach of contract claim seeking delay damages brought by subcontractor with respect to delays in large boring project caused by unforeseen ground and surface water impediments.
• Represented developer/lessor of large commercial space against claims that client had permitted a non-conforming use to expire thereby rendering the lease a nullity.
• Represented architect and commercial HVAC company in state and related federal bankruptcy actions in successfully enforcing mechanic's liens.
• Successful representation of abstract and title company through appeal against negligence claim brought by a developer alleging failure to include restriction on warranty deed as required by newly passed Kansas anti-transfer fee covenant.

Commercial Litigation

• Secured defense verdict on behalf of lending institution in lender liability lawsuit predicated on putative borrower's claim that lender refused to consummate significant construction loan.
• Secured summary judgment on behalf of insurance carrier on its claims against its underwriter for breach of underwriting guidelines which had resulted in the issuance of three consecutive CGL policies.
• Obtained favorable settlement for institutional client on its breach of contract claim against a foreign reinsurer predicated on a 1978 retrocession treaty for failure to reimburse for long-tail losses.
• Successful prosecution of breach of contract claim brought against a provider of managed care services under a joint marketing agreement seeking return of improperly paid plan premiums.

Recognitions

Professional & Civic Activities