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Harvey C. Koch 
New Orleans, Louisiana
Partner
phone (504) 585-3200
fax (504) 585-7688
email Email Me

Mr. Koch's practice includes complex commercial litigation, litigation management, insurance coverage and extra-contractual defense litigation, the construction process, construction litigation and arbitration, contract interpretation, sports and entertainment law, fidelity, surety and financial institution bonds, lawyer's malpractice, errors and omissions, life and long term care and fine arts coverages.

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 foreign countries; 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 supplying that missile program was destroyed in an explosion. And Mr. Koch has defended parties in complex litigation involving nuclear power and fossil fuel plants; the shipping industry; the former Louisiana Sunday Closing laws; and the resurfacing of both runways of the New Orleans International Airport (MSY) in the 1980's. Mr. Koch currently represents the international construction management firm managing all construction at the New Orleans Louis Armstrong International Airport (MSY).

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.

Mr. Koch is listed in Best Lawyers in America (Construction), 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., is a 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.

Areas of Practice:
Arbitration
Banking Law
Business and Commercial Litigation and Appeals
Construction Law
Directors' and Officers' Liability Law
Fidelity, Financial Institution and Surety Bond Litigation
Fine Arts Coverages
Life and Long Term Care Insurance Coverages and Annuities Law
Professional Malpractice Litigation
Sports Law
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
Education:
Tulane Law School, New Orleans, Louisiana, 1960
J.D.


University of the South and Tulane University, New Orleans, Louisiana, 1957
B.A.


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


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


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


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


Annotated General Indemnity Agreement, Contributing Author, Insurance Counsel Journal, 1985


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


Frequent Lecturer, United States and International Construction, Commercial and Constitutional Law, United States, Great Britain and the European Continent, 1965


Honors and Awards:
Listed in International Who's Who of Construction Lawyers, 2010 - Present


Listed in "Best Lawyers in America"


National D-Day Museum Outstanding Service Award, 1993 - 2003


Sons of the American Revolution Outstanding Community Service Award, 1995


American Bar Association Outstanding Service Award, 1991


United States Supreme Court Historical Society Outstanding Service Awards, 1990 - 1993


Federalist Society Outstanding Service Award, 1988


United States Secretary of Commerce "Export Now" Outstanding Service Award


United States Secretary of Energy Outstanding Service Award, 1988


Thomas C. Cunningham Outstanding Service to the People of the Western Hemisphere Award, 1987


Louisiana State Bar Association Outstanding Service Awards, 1985


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, 1985


President's E Award for Outstanding Contributions to the United States Export Expansion Program, President of the World Trade Center of New Orleans, 1983


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, 1964


Louisiana State Bar Association Outstanding Service Awards, 1993


Doctor of Laws, Northwood University, 1994


Professional Associations and Memberships:
American Arbitration Association
Construction Projects and International Panels


American Arbitration Association
Louisiana Advisory Council


American Bar Association, 1991 - 1996
Vice Chair, Appellate Advocacy Committee, TIPS (1991-1996)


American Bar Association, 1990 - 1991
Chair, Fidelity & Surety Law Committee, TIPS


American Bar Association, 1994
Faculty Member, Appellate Advocacy National Institute


American Bar Association, 1996 - 2000
Vice-Chair, Profs.', Officers' & Directors' Law Committee


American Bar Association, 1978 - 1979
Co-Chair, 1st 3 National Programs Forum on the Construction Industry


American College of Construction Lawyers, 1997 - 2000
Fellow, Board of Governors


American College of Construction Lawyers Fellow
Founder and Current Chair, Insurance Industry Committee


American Law Institute, 1988 - Present
Consultative Grp, Restatement of the Law 3rd, Suretyship


American Law Institute
Consultative Grp, Restatement of the Law 3rd, Unfair Competition


American Law Institute
Consultative Grp., Restatement of the Law 3rd, Law Governing Lawyers


American Law Institute
Complex Litigation Project


American Law Institute
Consultative Group, International Insolvency Project


Federalist Society, 1988 - Present
Trustee


International Association of Defense Counsel, 1978 - Present


International Bar Association
International Construction Law Committee (T)


Louisiana Bar Association, 1991 - 1993
House of Delegates


Louisiana Bar Association, Fidelity, Surety and Construction Law Section, 1991 - 1993
Founder and Chair


Louisiana Bar Association, 1991 - 1993
Chair, Professionalism Task Force


United States Court of Federal Claims Chief Judge's Advisory Council, 1988 - Present


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


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