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Harvey C. Koch 
New Orleans, Louisiana
Partner
phone (504) 585-3200
fax (504) 585-7688
email hkoch@monbar.com

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, 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 is 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.

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., 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 Lawers in America (alternative dispute resolution, legal malpractice law, construction law, insurance law and commercial 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 Commercial Litigation Lawyers; and Martindale-Hubbell Bar Register of Pre-eminent Lawyers.

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
Professional Malpractice Litigation
Sports and Entertainment 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.


Harvard University, Cambridge, Massachusetts, 1959
International Studies Program


Northwood University, 1994
Doctor of Laws Degree, Honoris Causa


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


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


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


Listed in "Best Lawyers in America", 2010


Listed in Martindale-Hubbell Bar Register of Pre-eminent Lawyers, 2010


Listed as Top Commercial Litigation Lawyer in Litigation Magazine, 2010


Listed as Top Attorney in Louisiana Life Magazine's Super Lawyers Section, 2010


Listed as Top Lawyer in New Orleans Magazine, 2010


Listed in Who's Who Among Executives and Professionals Throughout the World, 2010


Sons of the American Revolution Outstanding Community Service Award, 1995


Doctor of Laws, Northwood University, 1994


Commencement Speaker, Northwood University, 1994


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


Louisiana State Bar Association Outstanding Service Award, 1993


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


American Bar Association Outstanding Service Award, 1991


Federalist Society Outstanding Service Award, 1988


United States Secretary of Commerce "Export Now" Outstanding Service Award, 1988


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 Award, 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-Star Award for Outstanding Contributions to the United States Export Expansion Program, as 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


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


American Arbitration Association
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 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 Goup, 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, 1965 - Present
International Construction Law Committee (T)


Louisiana Bar Association
House of Delegates, 1991-1993


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


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


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


United States District Court, Eastern District of Louisiana
Disciplinary Enforcement Counsel, 1985 - Present


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
Delegate, 1983 - Present


Society of Construction Law, Great Britain


Center of Construction Law, Great Britain


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


American College of Construction Lawyers, Fellow
Insurance Industry Committee, Founder and 1st Chair


National Bond Claim Association, 1984 - Present


Louisiana State Bar Association
Lifetime Fellow


Surety Claims Institute, 1975 - Present


Surety Claims Institute, 1997 - Present
Board of Governors


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


Languages:
German
Italian
Spanish
English
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