For more than 25 years, Mr. Fluke combined the two practice areas of construction law and construction labor law. As part of his full practice of serving construction clients, he also served as General Counsel to the Associated Builders and Contractors (ABC) of Western Pennsylvania from 1981 to 2008, and to the statewide Pennsylvania Utility Contractors Association (PUCA) from 1996 to 2008.
In 2005, Mr. Fluke received the honor of being chosen "Associate of the Year" by both contractor associations, ABC and PUCA, the first time a lawyer has received that dual honor.
Mr. Fluke regularly represented and provided counsel to contractors, subcontractors, suppliers and project owners on a wide range of construction matters ranging from $100,000 to $35 million.
He advised on, arbitrated and litigated hundreds of construction cases involving all aspects of construction law and surety law, including damage for delays and disruption, acceleration, the One-Call Act, the Pennsylvania Procurement Code, change orders, defaults and termination, bid protests, bidding mistakes, engineer and architect error, warranties, construction design defects, surety claims, scheduling and critical path, mechanic’s liens, and contrator, subcontractor and owner payment issues.
Mr. Fluke was also a former Director of Labor Relations for the AGC of New York (H&H). He handled the labor arbitration of several dozen cases and represented both union and non-union construction clients and clients in more than 100 National Labor Relations Board matters.
Mr. Fluke participated in drafting and testifying on several construction items of legislation including the proposed rewrite of the Pennsylvania Procurement Code and the 2007 Pennsylvania Underground Utility (One Call) Act.
He handled complicated disputes and claims on large sewage treatment plants, sewer line projects, convention centers, highways and bridges, ice skating rinks, government buildings and infrastructure.
Mr. Fluke also served as a construction arbitrator and as a member of the American Arbitration Association Construction Panel and Alleghey County Bar Association Construction Panel.
Labor Law
Supervisor of Labor Relations of large completely integrated steel producing corporation
Served as Director of Labor Relations and handled labor relations and some general construction matters for Associated General Contractors Chapter (Heavy and Highway) for Upper New York State area.
Handled over 170 National Labor Relations Board charges in construction and non-construction areas on subjects such as secondary boycotts, work jurisdiction, discharges, refusal to bargain, etc.
Successfully argued labor law cases before the Federal District Courts for various Districts and the Federal Third and Fourth Circuit Courts of Appeals.
Argued over 150 labor arbitration cases.
Handled a number of OSHA cases including five fatal OSHA cases.
Construction Law and Claims
From 1980 - 2008, primarily represented subcontractors and general contractors engaged in commercial building, heavy and highway, paving, water and sewer line and large water and sewage treatment plant projects.
Negotiated and/or Advised on more than 100 construction contracts ranging from $100,000 to $35 million.
Handled dozens of AAA construction arbitration cases.
Served as arbitrator on AAA Construction Panel since 1985 and presently on ACBA panel.
Advised clients on daily basis and handling on change orders, acceleration, unforeseen site conditions, damage for delay, failure to fulfill contract, default, One-Call and other related problems.
Represented contractors in disputes with design professionals, architects, engineers, construction managers, municipal authorities and other owners.
Handled bid disputes and injunction proceedings against public owners.
Helped draft changes to the Pennsylvania One-Call Act and drafted proposed changes to the Procurement Code. Testified before the Pennsylvania State House Government Committee and at workshop on proposed changes to Procurement Code.
