Biography
With more than 30 years of experience, Michael (“Mike”) Castellon has extensive expertise with commercial transactions and dispute resolution in the construction and energy industries. Following a long tenure as a Partner at a AmLaw100 Firm, Mike served as in-house counsel for several respected project development companies across the United States, including Kindle Energy LLC and the Skanska/Walsh Joint Venture, the designer-builder of the LaGuardia Airport Terminal B Redevelopment Project. Mike has also been actively involved in mediation and dispute resolution of sophisticated commercial and construction matters in state and federal courts, arbitration, and Dispute Resolution Boards throughout the United States.
Throughout his career, Mike has represented developers, public and private owners, public institutions, contractors and subcontractors, and design professionals, and is widely recognized for his dedication to client service. He has been responsible for the negotiation of a broad range of construction-related agreements across the energy, commercial, industrial, and manufacturing sectors, including EPC Agreements, design-build agreements, prime construction contracts, professional services agreements, subcontracts, access agreements, RFPs, and other complex commercial arrangements.
Professional Experience
- Mercer Thompson LLC, May 2026 – Present
- Of Counsel
- Kindle Energy LLC, March 2025 – April 2026
- Managing Counsel
- MTA Construction and Development Company, 2023 – 2024
- Vice President, Associate General Counsel
- Rosenberg & Estis, PC, 2019 – 2023
- Member, Head of Construction Group
- Skanska/Walsh Joint Venture, 2016 – 2019
- Project General Counsel
- SYSTRA USA, Inc., 2015 – 2016
- North American Counsel
- American Arbitration Association, 2011 – 2014
- Construction Industry Arbitrator
- Andritz USA Inc., 2013 – 2014
- Corporate Counsel
- Sutherland Asbill & Brennan, 2006 – 2013
- Partner, Member of Construction and Energy Groups
Representative Transactions
Transactional Experience:
- Lead counsel for negotiations of construction, EPC, Engineer of Record, and numerous procurement agreements for a $1.5 billion CCTG power generation facility for a private developer.
- Lead counsel for negotiations of construction, engineering, and numerous procurement agreements for a $500 million gas-fired peaking power generation facility for a private developer.
- Project counsel for a $1.5 billion public transportation project.
- Lead counsel for negotiations of design-build, construction, professional services, project management consultant, procurement, and development agreements for a large rail public transportation entity.
- Project General Counsel for the $4.5 billion redevelopment of LaGuardia Terminal B project, preparing and negotiation numerous subcontracts, design, procurement, and other project related agreements.
- Lead counsel for an environmental solutions company in the negotiation of a $42M subcontract for a new air scrubber system on an existing coal-fired power plant facility in Wisconsin.
- Lead counsel for a project company in the negotiation of a $100M+ EPC agreement for construction of new pulp and paper facility in China.
- Lead counsel for a project company in the negotiation of numerous hydro-turbine power generation agreements.
- Represented a power plant developer in negotiations of construction agreements for a new coal-fired power generation facility in Dominican Republic.
- Represented a large energy company in negotiations of EPC Agreements for development of 400MW and 550MW solar projects in California and Nevada.
- Lead counsel for a major project developer negotiating a $115 million Construction Management Agreement for a mixed-use development project.
Dispute Resolution Experience:
- Represented a public rail transportation entity in AAA arbitration of 15+ matters regarding claims brought by design-builders and obtained favorable decisions in each case.
- Represented Public Authority of New York in a $75 million dollar arbitration against the design-builder of a portion of an iconic building in New York.
- Represented a New York developer in a $60 million dollar arbitration against the surety of a defaulting prime contractor.
- Lead counsel for dispute resolution and claims against and from design-build subcontractors, Port Authority, developer, vendors, and sub-consultants regarding the redevelopment of LaGuardia Airport Terminal B.
- Represented project owner in mediation against large power utility to resolve claims related to construction of hydro turbine generator facility in Montana.
- Lead arbitration on behalf of institutional investor/owner against EPC contractor for late delivery of 5 MW solar PV facility.
- Lead counsel for project owner against major wind turbine manufacturer regarding 130 defective wind turbine transformers.
- Represented design-builder of natural gas CCTG HRSG cogeneration facilities in trials in federal courts of Maine, Wisconsin, and Kentucky, with regard to multi-million dollar claims relating to delays, defects, and additional scope of work.
- Represented several mechanical and electrical subcontractors in trials arising regarding CCTG power generation project in New York; aluminum galvanizing line in West Virginia; Hyundai semiconductor facility in Oregon.
- Outside counsel for a site work contractor in a jury trial against the City of Charlotte on a new Convention Center.
- Outside counsel for a general contractor in arbitration against Arkansas DOT regarding a bridge construction project.
Presentations and Publications
- “Subcontracting 101 and 201;” “Payment and Performance Bonds;” “Change Orders 101;” “Litigation Awareness;” SWJV lunch and learn presentations, 2016-2019.
- “Insurance versus Indemnity Provisions in Contracts – Pitfalls and Drafting Pointers” – SYSTRA 2016.
- “Introduction to Critical Path Method Scheduling,” Andritz Global Legal Meeting in Vienna, Austria, 2014.
- “Engineering, Procurement, and Construction Contracting Issues,” Andritz Legal Department, 2014.
- “Top 10 Issues When Negotiating a Power Plant EPC Contract,” 2012 ACC Webinar Series.
- “The Pitfalls of Defective Product and Power Output Warranties,” AWEA WINDPOWER, 2012.
- “Expediting Construction Disputes,” International Bar Association paper.
- “The New Rules for Expedited Dispute Resolution Procedures,” American Bar Association Section of Dispute Resolution Section presentation, American Bar Association, 2010.