Harvey C. Koch

Harvey C. Koch

New Orleans, Louisiana

Partner Emeritus
phone 504-585-3200
fax 504-585-7688
email hkoch@monbar.com
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AV

ABA

Martin J. Andrew Award - Lifetime Achievement

Super Lawyers


Mr. Koch's practice includes complex business litigation, litigation management, insurance coverage and extra-contractual defense litigation, the construction process, construction litigation and arbitration, contract interpretation, U.S. pension entitlements, successions and estates, fidelity, surety and financial institution bonds, lawyer's malpractice, errors and omissions, and sports and entertainment law.

Mr. Koch participated in negotiations in Egypt after the Yom Kippur War leading to removal of ships sunk in the Suez Canal; represented a consortium of companies involved in reconstructing Kuwait and its oil fields after Operation Desert Storm; represented a major international insurance company in developing indemnity agreements, construction bonds, and guarantees for use with contractors in twelve countries in Europe and the Mid-East. Mr. Koch represented the lead insurer in the adjustment of the business interruption claims of the Titan IV rockets manufacturer when the solid rocket fuel manufacturing plant in Henderson, Nevada supplying that missile program was destroyed in an explosion. Mr. Koch has represented parties in complex litigation involving nuclear power and fossil fuel plants; the shipping industry; the former Louisiana Sunday Closing laws; Louisiana Contractor Licensing laws; and the resurfacing of both runways of the New Orleans International Airport (MSY). Mr. Koch currently represents the international construction management firm managing all construction at the New Orleans Louis Armstrong International Airport (MSY) and serving as a joint venturer in the construction of the new Mississippi River bridge at St. Francisville, Louisiana. Mr. Koch is also Louisiana counsel for the General Contractor for the new VA Hospital in New Orleans.

As an appellate practitioner, Mr. Koch has briefed the United States Supreme Court on the Insurance Industry's position on coverage issues regarding the Security Dealer's Blanket Bond, and the New Zealand Supreme Court on the interpretation by United States Courts on coverage issues related to the Financial Institution Bond. He has also argued the Sunday Closing Law case to the U.S. 5th Circuit Court of Appeals sitting in the Louisiana State University (LSU) Law School Law Student Auditorium.

Mr. Koch is a Fellow of the American College of Construction Lawyers (Founder and Former Chair of its Insurance Industry Committee and a former member of its Board of Governors), and is a consultative member of the American Law Institute. Mr. Koch has chaired the American Bar Association's Fidelity and Surety Law Committee, Co-Chaired the ABA's first three National Institutes of the Forum on the Construction Industry, chaired six ABA National Law Institutes, founded and served as first Chair of the Louisiana Bar Association's Section on Construction, Fidelity and Surety Law, served as a Vice Chair of the Fidelity and Surety Law Committee of the International Association of Defense Counsel, currently serves on both the Surety Claims Institute Board of Governors and the Advisory Council of the Chief Judge of the Court of Federal Claims in Washington, D.C. Mr. Koch is a founding member of The Board of Trustees and an original Trustee of the Federalist Society, is a member of the National Bond Claims Association, is one of the four Advisors Emeritus of the Fidelity Law Association and is a Life Fellow of both the American and Louisiana Bar Foundations. Mr. Koch is a member of the Society of Construction Law of Great Britain and the Center of Construction Law of Great Britain.

Mr. Koch is listed in Best Lawyers in America (legal malpractice law, construction litigation, insurance law, business litigation, mass tort litigation and product liability litigation); International Who's Who of Construction Lawyers as being among the world's pre-eminent construction lawyers for 2010; Who's Who Among International Best and Brightest Executive Professionals Throughout the World; Louisiana Life Magazine's Super Lawyers Section as Top Attorney; New Orleans Magazine's Top Lawyers; Litigation Magazine's Top Business Litigation Lawyers; and the Martindale-Hubbell Bar Register of Pre-eminent Lawyers.

Languages:

  • German
  • Italian
  • Spanish
  • English

Professional Associations and Memberships:

  • American Arbitration Association, Construction Projects and International Panels
  • American Arbitration Association, 1979 - 1999, Louisiana Advisory Council
  • American Bar Association, 1978 - 1979, Co-Chair, 1st 3 National Programs Forum on the Construction Industry
  • American Bar Association, Chair, Fidelity & Surety Law Committee, TIPS (1990-1991)
  • American Bar Association, Vice Chair, Professionalism and Quality of Life Committee (1991-1993)
  • American Bar Association, Vice Chair, Appellate Advocacy Committee, TIPS (1991-1996)
  • American Bar Association, Vice-Chair, Profs.', Officers' & Directors' Law Committee (1996-2000)
  • American Bar Association, 1994, Faculty Member, Appellate Advocacy National Institute
  • American Bar Foundation, 1992 - Present, Fellow
  • American College of Construction Lawyers, 1997 - 2000, Fellow, Board of Governors
  • American College of Construction Lawyers, Fellow
  • Insurance Industry Committee, Founder and 1st Chair
  • The American Law Institute, 1991 - Present, Member
  • American Law Institute, 1988 - Present, Consultative Group on Restatement of the Law 3rd, Suretyship
  • American Law Institute, Consultative Group on Restatement of the Law 3rd, Unfair Competition
  • American Law Institute, 1988 - Present, Consultative Group, Restatement of the Law 3rd, Law Governing Lawyers
  • American Law Institute, Complex Litigation Project
  • American Law Institute, Consultative Group, International Insolvency Project
  • Center of Construction Law, Great Britain, 2002 - Present
  • Chamber of Commerce of the United States of America, 1988 - Present, Member
  • Federacion Interamericana De Abogado, 1966 - Present
  • Federalist Society, 1988 - Present, Trustee/Board of Visitors
  • International Association of Defense Counsel, 1978 - Present
  • International Bar Association, 1965 - Present
  • International Construction Law Committee (T)
  • International Federation of Lawyers, 1966 - Present
  • Louisiana Bar Association, House of Delegates, 1991-1993
  • Louisiana Architects Selection Board, Chair
  • Louisiana Engineers Selection Board, Chair
  • Louisiana Import/Export Trust Authority, Chair
  • Louisiana International Trade Commission, Chair
  • Louisiana State Bar Association, Lifetime Fellow
  • Louisiana State Bar Association, Chair, Professionalism Task Force, 1991-1993
  • Louisiana State Bar Association, Fidelity, Surety and Construction Law Section, Founder and Chair, 1991-1993
  • National Bond Claim Association, 1984 - Present
  • The Secretary of Commerce, 1999 - Present
  • Member, Louisiana District Export Council
  • Society of Construction Law, Great Britain, 2001 - Present
  • Surety Claims Institute, 1997 - Present, Board of Governors
  • Surety Claims Institute, 1975 - Present
  • United States Court of Federal Claims, 1988 - Present
  • Chief Judge's Advisory Counsel, United States District Court, Eastern District of Louisiana, 1985 - Present
  • Disciplinary Enforcement Counsel, United States District Court, Eastern District of Louisiana Advisory Group for the 1990 Civil Justice Reform Act, 1995 - 1999
  • United States Fifth Circuit Judicial Conference, 1983 - Present, Delegate
  • American Arbitration Association, 1994 - Present, Member

Honors and Awards:

  • Best Lawyers in America, 2014 - 2016
  • Selected for inclusion in New Orleans Magazine's Top Lawyers in New Orleans, Louisiana 2013 - 2015
  • Louisiana Super Lawyers, 2013 - 2016
  • Top Rated Lawyer in Construction, American Lawyer, 2012
  • 2012 Top Rated Lawyer in Insurance Law
  • Honoree, CityBusiness Leadership in Law Class of 2012
  • Listed by "Best Lawyers in America" 2012 and 2013
  • America's Most Honored Professionals Award, 2011
  • Inducted into University of the South (Sewanee) Athletics Hall of Fame, September 24, 2010
  • Listed in International Who's Who of Construction Lawyers 2012 and 2013
  • Listed in Martindale-Hubbell Bar Register of Pre-eminent Lawyers
  • Listed as Top Business Litigation Lawyer in Litigation Magazine
  • Listed as Top Attorney in Louisiana Life Magazine's Super Lawyers Section
  • Listed as Top Lawyer in New Orleans Magazine
  • Listed in Who's Who Among Executives and Professionals Throughout the World
  • Fidelity Law Association Founders Award
  • Sons of the American Revolution Outstanding Community Service Award
  • Doctor of Laws, Northwood University
  • Commencement Speaker, Northwood University, 1994
  • National World War II Museum Outstanding Service Award, 1993 - 2003
  • Louisiana State Bar Association Outstanding Service Award
  • United States Supreme Court Historical Society Outstanding Service Awards, 1990 - 1993
  • American Bar Association Outstanding Service Award
  • American Bar Association, Fidelity and Surety Law Committee, commendation for the intensity and quality of its efforts to involve committee members in the activities of the Committee and Section, 1991 - Present
  • Federalist Society Outstanding Service Award
  • United States Secretary of Commerce "Export Now" Outstanding Service Award
  • United States Secretary of Energy Outstanding Service Award
  • Thomas C. Cunningham Outstanding Service to the People of the Western Hemisphere Award
  • Louisiana State Bar Association Outstanding Service Award
  • President's E-Star Award for Continuing Outstanding Contributions to the United States Export Expansion Program, as President of the World Trade Center of New Orleans
  • President's E-Star Award for Outstanding Contributions to the United States Export Expansion Program, as President of the World Trade Center of New Orleans
  • World Trade Center of New Orleans Board of Directors Award for Outstanding Services Rendered, 1965 - 1985
  • United States Secretary of Defense Commendation for Outstanding Armed Services Absentee Voter Program

Classes/Seminars Taught:

  • Annual and Mid-Winter Meeting Programs on Alternative Dispute Resolution, Complex Litigation and Construction, Insurance, Surety and Financial Institution Bond Law and International Commercial Law (Chaired Six and Co-Chaired Four), American Bar Association National Institutes, 1965 - Present
  • Frequent Lecturer, United States and International Construction, Commercial and Constitutional Law, United States, Great Britain and the European Continent, 1965 - Present
  • Associate Professor of both Political Science and Business Law, University of Central Florida, 1961 - 1963
  • Associate Professor of Languages (German), Tulane University, 1957 - 1960
  • Junior Achievement Project Business Free Market Principles - Lecturer (Continuing)
  • Arbitration Law Lecturer, Tulane School of Law

Published Works:

  • Fraud and Dishonesty Under the Blanket Bond, American Bar Association, 9 Forum 229, 1973
  • Surety's Obligation to Pay Subcontractor Where Owner Fails to Pay Under Contract, American Bar Association, 11 Forum 1212, 1976
  • The Bankers Blanket Bond and The Loan Exclusion Clause, American Bar Association, 1978
  • The Use of Litigation and Arbitration in Resolving Contract Disputes, (Co-Author), American Bar Association, 1979
  • Developments Favorable to the Contract Bond Surety, International Association of Defense Counsel, 1980
  • Armorplating the Indemnity Agreement Against Modern Day Legal Weaponry, Fidelity and Surety Law Committee, Torts and Insurance Practice Section, American Bar Association, 1982
  • The Surety's General Indemnity Agreement: Current or Out of Date?, Fidelity and Surety Law Committee, Torts and Insurance Practice Section, American Bar Association, 1984
  • Annotated General Indemnity Agreement, Contributing Author, Insurance Counsel Journal, 1985
  • Pursuit of Indemnitors: A Quest for All Seasons, Surety Claims Institute, 1985
  • Recoverability by Surety of its Attorneys Fees From Indemnitors, National Bond Claims Institute, 1985
  • Surety Default Litigation, Co-author; Construction Litigation Superconference, 1986
  • Arbitration of International Law Issues, Presented to the Tulane and Louisiana State University Law Schools, 1986
  • International Turnkeying: Use and Misuse, and Relevant Contractual Provisions, International Bar Association, 1986
  • Non-Recoverability from Surety of Statutory Civil Penalties Assessed Against Public Entities of Public Laws, Allegedly Arising Out of Failure of Principal to Perform Contract, International Association of Defense Counsel, 1986
  • Default of A Multi-Projects Public Works Contractor Bonded By A Single Surety: Some Practical And Legal Problems And Solutions, Construction Litigation Superconference, 1986
  • Construction Law and Construction Litigation, Practicing Law Institute, 1987
  • Financial Institution Litigation Trends in the 1980's: Quo Vadis?, Fidelity Program of the Annual Meeting of the American Bar Association, 1987
  • Construction Litigation: Representing the Contractor, (Co-Author), Construction Litigation Involving Contractors and Their Sureties, John Wiley & Sons, 2nd Edition, 1988
  • Financial Institution Bond Litigation Manual: A Case Study for Bankers, Sureties, Insurers, and Attorneys, Editor, Monograph From Papers Presented at the TIPS Fidelity and Surety Law Committee Annual Meeting, American Bar Association, 1988
  • The Agreement of Indemnity and the Defenses of the Indemnitors, Practical Applications & Uses by the Surety of the Agreement of Indemnity, ABA Fidelity and Surety, 1989
  • Louisiana Chapter, Payment Bond Manual, A Publication of the American Bar Association, 1991
  • The Treatment of Foreign Law by U.S. Courts, International Bar Association, 1993
  • Surety Defenses Recognized by Federal and State Courts and Boards, American Bar Association, Division for Professional Education, 1995
  • Who is an Employee -- Known or Unknown -- Under the Crime Policy?, The Fidelity Law Journal, Vol. 1, 1995
  • Co-Author, Employee Dishonesty: The Essential Elements of Coverage Under Insuring Agreement, American Bar Association, Second Edition, 1998
  • Prime Contractors' Pitfalls When Their Subcontractors Use Factors, Minnesota Institute Legal Education, Construction Law Institute, 1999
  • What Every Construction Lawyer Must Know About Innovative and Specialized Insurance Products on Today's Market, Author and Moderator, The Contractor's Construction Superconference, 2000
  • Contractors and Their Sureties, Construction Disputes: Representing the Contractor; Aspen Law and Business, First, Second, and Third (2001) Edition
  • How to Negotiate the General Indemnity Agreement Before the Job and Avoid its Perils if the Job Goes Sour, Author and Moderator, The Contractor's Construction Superconference, 2002
  • Chapter on General Indemnity Agreement, Construction Business Handbook; Aspen Law and Business, 2004
  • Louisiana Chapter, Recurring Author, Fifty State Construction Lien and Bond Law; Aspen Law and Business
  • Louisiana Chapter, Recurring Author, State-by-State Guide to Architect, Engineer, and Contractor Licensing; Aspen Law and Business
  • Role of the Rule of Law in the Wake of Worldwide Disasters, 2005

Education:

  • Tulane Law School, New Orleans, Louisiana, 1960 Juris Doctor (J.D.) Degree
  • University of the South (Sewanee) and Tulane University, New Orleans, Louisiana, 1957 B.A.
  • Harvard University, Cambridge, Massachusetts, 1959 International Studies Program
  • Northwood University, 1994 Doctor of Laws Degree, Honoris Causa

Bar Admissions:

  • Louisiana
  • U.S. District Court Eastern District of Louisiana
  • U.S. District Court Middle District of Louisiana
  • U.S. District Court Western District of Louisiana
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • U.S. Supreme Court
  • U.S. Tax Court

Areas of Practice:

  • Arbitration
  • Banking Law
  • Business and Business Litigation and Appeals
  • Construction Law
  • U.S. Pension Entitlements
  • Directors' and Officers' Liability Law
  • Fidelity, Financial Institution and Surety Bond Litigation
  • Successions and Estates
  • Professional Malpractice Litigation
  • Sports and Entertainment Law
Montgomery Barnett, L.L.P. - Lawyer
Located at: 3300 Energy Centre, 1100 Poydras Street New Orleans, LA 70163

In Baton Rouge - One American Place 301 Main Street, Suite 1170 Baton Rouge, Louisiana 70825
(504) 585-3200
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