Fred Warren Jacoby is a commercial litigator with an emphasis on construction law. Fred has notably diverse experience and is a sought-after advocate and adviser who serves companies in the construction, real estate, and financial services industries. He represents clients in their most significant commercial litigation and regularly provides strategic counsel on operations and contracts to help clients avoid potential disputes. He is also a vice chairman of the firm and a member of the Advisory Committee that counsels the firm’s board of directors and management committee.
As senior adviser to the Construction Law practice, Fred represents owners, contractors, and construction managers in economic disputes with stakes ranging from several million to several hundred million dollars. He has experience handling large construction failures, OSHA compliance, bid protests, public construction contracts, delay claims, contract disputes, and many other construction-related issues.
On the financial services side, in addition to litigation matters, Fred represents insurers, insured parties, broker-dealers, and other registered representatives in the development and distribution of financial services products, with particular emphasis on property and casualty insurance and the life settlement market.
Fred also advises brokers, consultants, and business and private clients regarding their formation and use of captive insurance companies. This includes not only from a regulatory standpoint in working with the insurance departments of proposed domiciles of these companies and developing feasibility studies but also in the development and implementation of a business plan to include both regulatory, actuarial, tax and other disciplines. Among the clients for whom Fred has worked in establishing captive insurance companies are Toll Brothers and Crownway (formerly Crown Cork and Seal). Fred also serves as a consultant for clients, brokers, and others in their initial consideration and analysis of the applicability and desirability of captive insurance companies for their particular situations.
Not long ago, the “Force Majeure” clause embedded in the boilerplate of form construction contracts often was dismissed as a “catch-all” for potential unforeseeable and uncontrollable catastrophes, each as unlikely to happen a...