Professional

Appointed U.S. District Judge August 9, 1969; Entered on duty September 12, 1969; Became Chief Judge, January 9, 1973; As A United States District Judge, handled a full range of civil and criminal matters. Resigned effective January 1, 1982.

Capell & Howard, P.C., Montgomery, AL, 1995-present

General Counsel for Blount, Inc. with responsibility for all legal matters for this diversified, international construction and manufacturing public company. In addition to general counsel duties, the following positions have been held at Blount, Inc.: Chief Financial Officer, May 8, 1985 - March 17, 1986; Treasurer, May 8, 1985 - November, 1985; Chairman of the Board And Chief Executive Officer, Blount Energy Resource Corporation, A Subsidiary, January, 1983 - March, 1987; And Chairman of the Board of W + E Umwelttechnik, AG, a Swiss Subsidiary, from May 1, 1985 - October 21, 1988. These two companies were involved in the design, build, and in some cases, the operation, of waste to energy plants in Europe and the U.S. Retired as General Counsel for Blount, May 15, 1995; Re-Entered the private practice of law August 1, 1995.

Bradley, Arant, Rose & White, Birmingham, Alabama, 1958-63 - Partner, 1963-69.

Lord, Day & Lord, N.Y. City, 1955-58.

Experience Summary
Experience in construction litigation and dispute resolution involving a wide variety of projects including: Highways and Highway Bridges, Railroad Bridges, Locks, Dams, Power Plants (Hydro, Nuclear, Fossil Fuel [Gas, Coal, Oil, Waste Coal], Waste To Energy), Commercial Building (Office and Hotel), Manufacturing Plants, Petroleum Refining Plants, Waste Water Treatment Plants, Paper Mills, Steel Mills, Missile Launch and Test Facilities, Wind Tunnel, Large Military Aircraft Hangars, Linear Accelerator, Nuclear Test Facilities, Schools, Prisons, Convention Centers, Theaters and Hospitals. The disputes involved in these projects included: Subsurface Conditions, a wide variety of Design and Construction Issues - - Tolerances and Strength of Structural Steel, Concrete and Masonry, Constructability, Adequacy of Plans and Specifications, Adequacy of Projects Built to Performance Specifications, Delay, Acceleration and Disruption Claims; Compliance with Plans and Specifications and other issues. Experienced in Government Contracts at the federal and state level. Some experience as an advocate in arbitration of International Construction Disputes.

Representative Cases Handled As A Mediator
Construction disputes with respect to: a Public Hospital; Expansion and Improvement of a Major Municipal Airport; a Large Parking Garage; Renovation of a Public Housing Project; a Building Project for a Public University; a Sewer Project; a Small Bank Building; Apartment Developments; a Gasoline Service Station; Demolition of an Industrial Site; Design and Construction of a Large Shopping Center (Eleven Parties and an equal number of insurance carriers); Design and Construction of a Theater and Retail Shopping Mall; Federal Post Office; Power Plant; Construction of a Chip Loading Marine Terminal; Office Buildings; Oil Refineries; a Sausage Factory; Installation of an Automated Materials Handling System; Railroad Construction; Convention Center; Natural Gas Pipeline; Municipal Athletic Facility; Schools; Physician’s Office and Clinic; Fiberoptic Cable Installation; General Contractor, Subcontractor Disputes. EEOC Employment Disputes; Sexual Harassment and Child Molestation in Public Schools; Executive Termination Disputes; Franchise Disputes (Fast Food And Hotel Chains); General Commercial Disputes (Including Sale of Businesses); EPA and Manufacturer disputes over Environmental Regulation; dispute between a city and some of its citizens over the location of a Municipal Airport; Refurbishing of Atomic Waste Containers; dispute between a Consumer Products Manufacturer and an Advertising Agency; dispute between Department Of Justice and an Architect with respect to the Fair Housing Act.

Representative Cases Handled As An Arbitrator
Antitrust; Construction (Manufacturing Plants; Highway; Public Convention Center; School; Apartment Complexes; Veterinary Clinic; Marine Wharf; Cooling Water System for a Nuclear Power Plant; Builders Risk Coverage; Design Build Contract for a Stainless Steel Melt Shop; Combined Cycle Power Generating Facility; Lignite Power Plant; Natural Gas Pipeline; Chemical Plant Expansion; Conversion of a Textile Mill into an Apartment House; General Contractor-Subcontractor Disputes); Breach of Contract for Software Development for Military Application; Breach of Contract to market a proprietary Prescription Drug; disputes between Health Care Providers; dispute between Health Care Insurance Providers; dispute between an Automobile Manufacturer and a Dealer; Breach of Contract for sale of businesses; Breach of Contract for Sale of Real Estate.

Education
B.A., University of Mississippi, 1950; LL.B., Yale 1955.

Mediation Training
20-Hour Course, AAA; Master Mediation Seminar, 12 Hours, CPR Institute for Dispute Resolution; AAA National Mediator’s Conference.

Arbitration Training
AAA Arbitration Training Workshop, Lecturer: Arbitrator’s Role and Authority; Managing the Arbitration Process; AAA Construction Industry Arbitrator Training Workshop; AAA Large Complex Case Arbitrator Training; AAA Arbitration II Advanced Training.

Activities

• Fellow, American College of Construction Lawyers
• Trustee, Southeastern Legal Foundation (1985-97)
• Board of Directors, American Corporate Counsel Association, 1984 - 1993 (Chairman 1989)
• American Bar Association
• Alabama Bar Association
• American Law Institute
• Member of The National and Construction Panels of Distinguished Neutrals, CPR Institute for Dispute Resolution
• AAA Panel of Arbitrators, AAA Panel of Arbitrators For Large Complex Cases
• Member, AAA, National Advisory Council For Large Complex Cases
• AAA Standing Committee of the Large Complex Case Program
• The Brookings Institution Civil Litigation Project Task Force
• he American Law Institute
• Chairman, Alabama Education Study Commission, 1989 –1997
• Former Member Advisory Board, Cumberland Law School
• Civil Justice Reform Act Advisory Group for the United States District Court for The Middle District of Alabama
• Governor's Insurance Advisory Committee for the State of Alabama, 1987-1990
• Board of Directors, Montgomery Chamber of Commerce, 1988-1990
• Member of Council, Alabama Law Institute

Bar Admission
New York 1956; Alabama, 1959

Military Service
Ensign To Lt., USN & USNR, 1944-49, 51-53; Service on U.S.S. North Carolina, U.S.S. Columbus, and U.S.S. Wisconsin; Assistant Professor of Naval Science, NROTC, University of Mississippi.

Frank McFadden was born in Oxford, Mississippi.