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Thomas O. Crist

Chair, Global Infrastructure Team; Co-Chair, Construction Practice Group; Lead, Middle East Practice
Cleveland
T.
216.363.6108 | Skype: tocrist
liamE

"Tom has great practical business knowledge, with an attentive, visionary, and forward-looking approach." - Benesch client, Chambers USA

Tom Crist chairs Benesch’s Global Infrastructure Team, leads Benesch’s Middle East Practice, and is Co-Chairman of Benesch’s Construction Law Practice Group. These teams specialize in intervention on and completion of projects that encounter problems and obstacles, including claims and disputes. They also help clients avoid those circumstances.

Tom is an international arbitration and disputes specialist headquartered in the United States and the UAE. He has spent most of his career as a trusted advisor, problem solver, and advocacy partner at an Am Law 200 firm. Tom leads Benesch’s Construction Practice and is founder and Chairman of the firm’s Global Infrastructure Team, MENA (Middle East/North Africa), and Federal Contracting Practices. The overlapping groups share an emphasis on innovation and delivery of essential services to established and developing locales, including those in the energy, chemical, natural resources, transportation, healthcare, manufacturing, and infrastructure sectors.

Tom advises stakeholders and public and closely held company leadership in their planning and execution of a broad range of major projects and initiatives. He lends leadership on site to projects that encounter implementation and technical challenges and which often utilize dynamic controls such as BIM, AI, robotic and autonomous systems, proprietary analytics, and other tools that are on the leading edge in the AEC space. Tom is additive to client teams and assists in spotting issues and managing risk. He helps jumpstart or “fix and finish” projects while preserving claims, defenses, and profit margins. Tom motivates people and leads teams to solutions.

Many client projects are of daunting size and scope and include civil/infrastructure, manufacturing, water/wastewater, solar, tunnels, ports, roads and bridges, fossil fuel, renewable energy, transmission and distribution, high-tech, aerospace, chemical, precision agriculture, mining, pharma, modular and complex mechanical systems, and lesser-tested technologies.

Tom has deep and varied experience advising private equity firms and early stage companies who invest their time, experience, and capital in the Manufacturing, Architectural, Engineering, and Construction spaces. This includes, without limitation, federal contractors working domestically and abroad, groups and businesses that partner with investors in order to grow, transition leadership, or who develop their own technology and proprietary processes to expend their integrated platforms of value added services. Tom knows his way around job sites, shop floors, and board rooms. He spends more time each year working with Benesch’s Private Equity and 3iP Teams (Innovations, Information Technology, and Intellectual Property), the latter of which is comprised of attorneys and degreed engineers ranging from mechanical, civil, chemical, electrical, biomedical and aerospace, up to and including PhD’s.

Tom is a trial lawyer by training and routinely pursues and defends the gamut of claims and disputes to conclusion in courts and alternative dispute resolution forums in the Americas, UK, Canada, the Middle East, Africa, the Caribbean and elsewhere. He draws upon meaningful experience gained by contributing on more and less-traditional projects, creative and one-off delivery methods and engineering advances. Notable projects include infrastructure, buildings and bases in austere environments including conflict regions in the Middle East and Africa, recovery and diesel hydrotreating units, exploration and drilling, hydrocrackers, peaking plants, and refineries as well as hydro, wind, solar, and waste to fuel, some of which have been the first of their kind.

Tom advises clients on matters related to delay, disruption, errors/omissions/defects, default and suspension/termination and limitations and sharing of liability on projects utilizing hard-money, EPC, EPCM, agency and at-risk CM, design-build, joint-ventures, LEAN, IPD and hybrids of most recognized delivery methods, as well as bonded projects in the U.S. and those secured by demand and performance based guarantees. As a service to firm clients, Tom and his teams offer preemptive training and lessons-learned evaluations for key clients across various industries specifically including competitive bidding, challenging awards, preparation of REAs and federal contracting writ large.

Throughout his career, Tom has also represented parties in specialized commercial disputes, those involving global manufacturers and service providers, company reputation and competition, and advises clients regarding internal investigations, actions brought under the Federal False Claims Act, and FCPA. He has been recognized for many years by Chambers USA and Best Lawyers in America as a Leading Lawyer in Construction Law/Litigation, ADR, and Commercial Litigation.

Tom is a Fellow of the Chartered Institute of Arbitrators (UK) and acts as counsel or neutral on matters administered by the American Arbitration Association (“AAA”), The Dubai International Arbitration Center ("DIAC"), International Chamber of Commerce (“ICC”), the London Court of International Arbitration (“LCIA”), Saudi Center for Commercial Arbitration ("SCCA"), ad hoc and “Baseball” arbitrations and those held under the arbitration rules of the United Nations, Commission on International Trade Law (“UNCITRAL”). Tom is the Great Lakes Regional Director and a founding member of the Society of Construction Law’s North American Chapter, an engineering-centric international society of construction professionals headquartered in the UK. He is a Chapter Chair and board member of the CIArb's North American Chapter and is a member of its board of directors. Tom led the winning trial team in a corporate espionage/business tort matter that resulted in one of the largest federal district court judgments in U.S. history. Tom equally splits his time among counseling clients in practical disputes avoidance, bringing closure with adversaries who remain, and deciding disputes as a neutral. 

Representative Experience

  • Represented an ENR-ranked Midwest specialty contractor in a cross-border dispute over cost overruns and withheld payments on a steel manufacturing plant. The contractor significantly underbid the project due to misleading actions by the owner. Benesch re-baselined the schedule, developed a damage model and used an estoppel argument to secure a favorable settlement in fast-track arbitration.

  • Representation of a specialty contractor on $35 Million in claims against a U.S. oil major driven by owner supplied material defects and wrongful termination on a North American oil refinery project.
  • Representation of a Fortune 50 global control system manufacturer in $60 Million in disputes driven by technology and operational failures in one of Canada’s largest hydroelectric power facilities.
  • Representation of a utility regarding termination and replacement of its EPC contractor on a coal fired power facility in Europe.
  • Representation of joint venture partner regarding a financing default and construction delays regarding a nuclear power facility in the Middle East.
  • Represented the EPC against a major North American utility on $30 Million in claims for schedule lag and interference caused by a design bust and permitting issues on a combined cycle power facility. Resolved the dispute favorably in advance of ICC Arbitration.
  • Represented an EPC team in an adverse site conditions claim stemming from the installation of miles of overhead power lines and relocation underground of previously overhead high power cables to underground facilities. The dispute involved property right issues with two U.S. states, subcontractor defaults, termination and replacement.  Resolved $40 Million in claims pre-JAMS Arbitration.
  • Representation of one of the largest global suppliers of solar technology in North American on claims against it exceeding $250 million in liquidated damages caused by the Covid-19 Pandemic.
  • Representation of an EPC on $60 Million in claims on a multi-phased, fast track electrical peaking plant construction project. Resolution of the thirty (30) party dispute via bespoke ad hoc Dispute Review Board in advance of AAA Arbitration.
  • Resolution of claims pre-trial between a public utility and a major equipment supplier regarding catastrophic loss of a municipal electric power facility and manage the reconstruction project.

  • Construction
  • Infrastructure
  • Litigation
  • Construction Litigation
  • Alternative Dispute Resolution in Construction
  • Middle East/Africa
  • Arbitrations
  • Mediation
  • Manufacturing
  • Energy
  • The Ohio State University, B.A., Sociology and Political Science
    • cum laude
  • Capital University Law School, J.D.
    • Order of the Curia
    • Accelerated Graduate
  • London School of Economics and Political Science (LSE)
    • Lifelong Learner
    • Emphasis of Business, International Relations, Political Economy
      • First Class Honours
  • University of Cambridge Institute for Sustainable Leadership (CISL)
    • Emphasis on Global Supply Chain Management - Continuing Education 
  • Massachusetts Institute of Technology (MIT)
    • Emphasis on Clean Energy Technology and Solutions
  • Fellow, Chartered Institute of Arbitrators (FCIArb); Board Member, North American Chapter; Co-Chair, Pennsylvania/Ohio Chapter
  • CIArb, Peer Review Panel Member (UK)
  • Adjunct Law Professor (International Arbitration); Case Western Reserve University School of Law
  • American Arbitration Association (AAA); Roster of Neutrals
  • Arbitrator, Dubai International Arbitration Centre (DIAC)
  • Qualified Arbitrator, Canada (QArb.)
  • Arbitrator, Saudi Center for Commercial Arbitration (SCCA)
  • Arbitrator, British Virgin Islands International Arbitration Centre (BVI IAC); Commercial and Construction Panels
  • Registered Legal Consultant (United Arab Emirates)
  • Ohio
  • Texas
  • North Carolina
  • New York
  • District of Columbia
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the District of Nebraska
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the D.C. Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court
  • U.S. Court of International Trade
  • AV (preeminent) Rated, Martindale-Hubbell Peer Review, 1999-present
  • Listed, Chambers USA Leading Lawyers; Construction Law, ADR, Litigation, 2006-present
  • Listed, The Best Lawyers in America®, Litigation - Construction, 2012-2025 (Copyright 2022 by Woodward/White of Aiken, SC)
    • 2022 Lawyer of the Year
  • Listed, Ohio Super Lawyers, Construction Litigation, 2015-2025
  • Member, NYSBA International Outreach Committee; Dispute Avoidance Committee
  • Chair, NYSBA Construction Subcommittee
  • Member, The Toronto Commercial Arbitrator Society (TCAS)
  • American Bar Association, Member, Forum on the Construction Industry; ADR Committee
  • Construction Managers Association of America (CMAA); Legal Affairs Committee
  • Society of Construction Law (SCL); North American Founding Member; Great Lakes Regional Director

Highlights

 
Thomas O. Crist
 
Crist 2014 Chambers Logo
Martindale AV Rating
Crist Chambers 2017
Crist Chambers 2016
 
Thomas O. Crist
 
Crist 2014 Chambers Logo
Martindale AV Rating
Crist Chambers 2017
Crist Chambers 2016
 
Thomas O. Crist
 
Crist 2014 Chambers Logo
Martindale AV Rating
Articles and Presentations
April 2025
Venture and Private Equity Trends: Investing in Early Stage AEC Innovators
October 30, 2024
Risks and Opportunities for the Construction Industry During the Transition to Next-Generation Energy
July 10 - 13, 2024
Building EV's - How Hard Could it Be? Society of Construction Law North America 2024 Annual Meeting

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News
January 16, 2025
Tom Crist Quoted in Law360 | "US Could Soon Find Itself on Wrong End of Energy Disputes"
December 17, 2024
49 Benesch Attorneys Selected to 2025 Ohio Super Lawyers and Rising Stars
August 15, 2024
132 Benesch Attorneys Recognized in 2025 Best Lawyers® Rankings

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