Harvey C. Koch, Esq.
Phone: (504) 585-3200
Email: hkoch@monbar.com
- Areas of Practice:
- Arbitration
- Banking Law
- Business and Commercial 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
- 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 (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
- 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- The Surety’s General Indemnity Agreement: Current or Out of Date?, Fidelity and Surety Law Committee, Torts and Insurance Practice Section, American Bar Association, 1984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
- Associate Professor of both Political Science and Business Law, University of Central Florida, 1961 – 1963
- Associate Professor of Languages (German), Tulane University, 1957 – 1960
- Honors and Awards:
- Inducted into University of the South (Sewanee) Athletics Hall of Fame, September 24, 2010
- 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, 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 College of Construction Lawyers, 1997 – 2000 - Fellow, Board of Governors
- American College of Construction Lawyers, Fellow - Insurance Industry Committee, Founder and 1st Chair
- 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
- Center of Construction Law, Great Britain, 2002 – 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)
- Louisiana Bar Association - House of Delegates, 1991-1993
- 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
- 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 - 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, 2001 – Present - Delegate, 1983 – Present
- Languages:
- German
- Italian
- Spanish
- English
- Attorney News & Announcements:
- CityBusiness has announced its 2012 Leadership in Law honorees
- Montgomery Barnett Named “2011 USA Construction Law Firm of the Year”
Practicing: Construction, Commercial Litigation
