Owen Newman

Partner

  • Owen Newman
  • Phone: +1 312 499 6721

    Import to Address Book

  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433
    USA

Owen Newman is a construction and energy litigator and international arbitration specialist, and Co-Chair of the International Disputes Division of Duane Morris' Trial practice group. He represents owners, developers, EPC contractors, and project lenders in high-value disputes arising from major power generation, oil and gas, and infrastructure projects — in US courts and before international arbitral tribunals.

In addition to his legal practice, Mr. Newman spent five years as a project manager, Director of Risk Management, and Regional Director for Power Generation in the Middle East at a global EPC contractor. That experience — managing critical path schedules, commercial claims, and project risk on major energy projects across three continents — is the foundation of his legal practice. Few construction litigators can say the same — and the difference shows in the quality and practicality of the advice.

On the litigation side, Mr. Newman handles complex domestic construction disputes involving EPC contract claims, delay and disruption, major construction defects, force majeure and termination, and owner-contractor-subcontractor conflicts. On the arbitration side, he has acted as counsel under the rules of the ICC, LCIA, SIAC, UNCITRAL, AAA, and SCC, as well as ad hoc arbitrations in India and Saudi Arabia, with matters spanning Africa, Asia, North America, and the Middle East.

Mr. Newman has a particular focus on advising Indian and South Korean companies entering the United States construction and energy markets. Indian and Korean EPC contractors, energy developers, and conglomerates investing in US infrastructure frequently encounter contract structures, dispute resolution frameworks, and regulatory obligations that differ materially from what they know at home. Mr. Newman's project management background, international arbitration experience, and familiarity with the legal and commercial environment in both markets gives him a unique and practical foundation for those engagements.

In addition to formal dispute resolution, Mr. Newman works with clients and their project teams throughout the project lifecycle — on contract review and negotiation, risk allocation strategy, and claims management — because the best disputes are the ones that never happen.

Mr. Newman is a 2003 graduate of the University of Kansas School of Law and a graduate of Luther College.

Areas of Practice

  • Construction and Energy Litigation
  • International Arbitration

  • EPC Risk Management

  • Contract Strategy

Representative Matters

    US Domestic Construction & Energy Disputes

  • AAA Construction Industry Arbitration, Chicago (Power Generation — 1,085 MW Combined Cycle Plant): Secured a highly favorable outcome for a national power contractor, defeating the vast majority of over $90 million in claims asserted by the project owner arising from the EPC of a 1,085 MW combined cycle power plant under a approximately $735 million contract. The owner alleged schedule-related liquidated damages, gross negligence in the design and commissioning of the plant’s freeze protection system, and warranty defects stemming from a major winter storm event. After a ten-day evidentiary hearing before a three-member panel, the panel rejected the owner’s gross negligence claims in their entirety, enforced the contract’s mutual waiver of consequential damages under New York law — eliminating the owner’s single largest claim of over $50 million — denied all five warranty and corrective work claims valued at over $6 million, credited the contractor’s management of COVID-19 disruptions to reduce the owner’s liquidated damages recovery, and denied the owner’s request for attorney’s fees.

  • Illinois (Data Center Construction): Secured a $2.3 million recovery — over 75% of claimed damages — full release of a mechanic’s lien, and dismissal of all counterclaims with prejudice on behalf of a national data center developer in a multi-million-dollar construction dispute against an HVAC subcontractor that failed to deliver and commission chillers under a purchase order valued at nearly $12 million. Filed suit asserting claims for breach of contract, slander of title, and constructive fraud, aggressively defended against the subcontractor’s counterclaims through contested motion practice, discovery disputes, and bond substitution proceedings, and achieved a complete victory eliminating every claim and encumbrance the subcontractor had asserted.

  • United States District Court for the Southern District of Alabama (Power Generation): Represented the construction manager and engineer of record for a rural electric cooperative in multi-party federal litigation in the Southern District of Alabama arising from a multi-million-dollar loss during the erection and assembly of a heat recovery steam generator at a combined cycle power plant. The mechanical contractor and its crane subcontractor damaged a critical HRSG module during installation, resulting in claims for over $3 million in re-manufacturing costs and significant delay damages. The client faced third-party claims for contractual and common law indemnity, negligence, fraud, and breach of implied warranty, as well as direct claims from the plant owner and the project's property insurer. Successfully defended the client through aggressive motion practice, including motions to dismiss for failure to state a claim, and negotiated a highly favorable settlement with the plant owner that provided the client with significant indemnity protections against the third-party claims. Ultimately secured dismissal of the client from all claims without any out-of-pocket contribution to the overall settlement.
  • Kansas City, KS (State Court): Represented a design engineer in state court litigation arising from disputed preliminary engineering services for ethanol and biodiesel production facilities.
  • Lake Charles, LA (Energy Infrastructure): Represented an EPC contractor in a construction dispute with a subcontractor arising from design and construction of a 50,000-barrel pressure sphere, involving claims for defective work, schedule delay, and contract termination.
  • AAA Arbitration, Chicago: Represented a general contractor in AAA arbitration involving claims for defective installation of concrete slab and terrazzo flooring. Tried the matter through a final evidentiary hearing.

    • International Arbitration & Cross-Border Disputes

  • Represent Spectrum UA Credit LLC, and related entities in parallel international (ICSID) and domestic proceedings (U.S. District Court for the District of Columbia) against the government of the Ukraine, the NBU, SSU and DGF seeking damages in excess of $127 million arising from the expropriation and interference with U.S.-owned investments in Ukraine valued in excess of $127 million.
  • Vietnam (Power Generation): Served as outside legal counsel advising an EPC contractor’s project team throughout construction of a 600MW coal-fired power plant. Led development and positioning of claims for extensions of time and additional costs exceeding $60 million, structuring the claims record to maximize recovery prospects and preserve arbitration rights.
  • India (LNG): Served as outside legal counsel to an EPC contractor on a major LNG regasification terminal and processing facility. Advised the project team on commercial risk management and contract compliance, and led development of claims for extension of time and additional costs, building the evidentiary record necessary for formal proceedings.
  • India (Ad Hoc Arbitration — LNG): Defended an EPC Contractor in ad hoc Indian arbitration against schedule and cost claims asserted by a consortium partner arising from construction of an LNG regasification terminal and processing facility. Managed the full arbitration proceedings under Indian law, including pleadings, document production, and hearing preparation.
  • Indonesia (Power Generation): Advised an EPC contractor on a 600MW coal-fired power plant, developing and structuring claims for extension of time arising from owner-caused and force majeure delays, and positioning those claims for formal proceedings if settlement could not be reached.
  • Poland (Manufacturing): Advised a US-based manufacturer on FIDIC-based contract drafting and negotiation for construction of an overseas manufacturing facility, including risk allocation, variation procedures, and dispute resolution provisions.
  • UNCITRAL Arbitration (Egypt): Represented a consulting engineer in UNCITRAL arbitration proceedings to recover unpaid invoices for design and engineering services on water treatment facilities in Egypt.
  • Philippines (Power Generation): Represented the project owner in defending against an EPC contractor’s claims for extension of time and additional costs on a coal-fired power plant. Developed the owner’s response strategy, analyzed the contractor’s schedule and cost submissions, and achieved a favorable negotiated settlement that preserved the project’s delivery timeline.
  • LCIA and SIAC (Singapore — Power Generation): Acted on behalf of an EPC contractor in parallel arbitrations before the LCIA and SIAC arising from construction of a combined cycle power plant in Singapore. Responsibilities spanned the full arbitration lifecycle, including document review and production, discovery management, witness interviews, and preparation of witness statements.
  • ICC Arbitration, London: Represented a design engineer in ICC arbitration to recover fees for engineering services performed under a limited notice to proceed. Second chaired the final hearing, securing an award in favor of the client covering 95% of claimed amounts, including legal fees and arbitration costs.
  • Saudi Arabia (Natural Gas): Represented an EPC Contractor in a multi-year arbitration to recover schedule and productivity losses incurred during debottlenecking works at a natural gas processing facility. Managed the arbitration through more than four years of proceedings, achieving a negotiated settlement.
  • SCC Arbitration, Stockholm: Represented a design engineer in Stockholm Chamber of Commerce arbitration to recover unpaid fees for design and engineering work on an oil refinery in the Russian Federation. Obtained a favorable settlement shortly after filing.

Admissions

  • Illinois
  • Kansas
  • Missouri

Education

  • University of Kansas School of Law, J.D., 2003
  • Luther College, B.A., 1995

Experience

  • Duane Morris LLP
    - Partner, 2021-present
    - Special Counsel, 2017-2020
  • Black & Veatch
    - Associate Vice President and Commercial Director, GCC, 2015-2016
    - Project Manager, Power Island, Kusile Power Station, South Africa, 2013-2015
    - Director of Risk Management, Energy Services, 2011-2013
  • Warden Grier LLP
    - Partner, 2010-2011
    - Associate, 2004-2010

Honors and Awards

  • Named a BTI Client Service All-Star Attorney, 2022 and 2023

Selected Speaking Engagements

  • Presenter, "Tensions in the Middle East: What Your Business Needs to Know," Duane Morris Webinar, March 31 & April 2, 2026
  • Speaker,  "Walking the Line: Managing Legal Risk Created by Strong Corporate Values," Construction Super Conference, December 10, 2025
  • Presenter, “Walking the Line: Managing Legal Risk Created by Strong Corporate Values,” Construction Super Conference, December 10, 2025
  • Speaker, "Schedule Dispute Issues and How to Avoid Them," American Association of Cost Engineers Chicago Midwest Section Webinar, February 11, 2021