Nischay Bhan represents clients in complex disputes related to design and construction, trade secrets, insurance recovery, and contract performance. His matters have involved an aggregate amount in controversy exceeding $1 billion across trials, arbitrations, and contested hearings.
Nish has particular experience in design and construction disputes. He regularly represents owners, sponsors, contractors, and designers involved in major projects including utility-scale power plants, data centers, battery energy storage systems (BESS), industrial facilities, cryptocurrency mining centers, multifamily developments, office towers, and world-class museum and cultural spaces. Across these projects, Nish has guided clients through disputes arising at every stage of project delivery, including breach of contract claims, delay and force majeure disputes, indemnity and warranty obligations, differing site conditions, and defective design and construction claims.
Nish frequently helps clients resolve project disputes before they escalate into formal proceedings, finding solutions that allow projects to move forward while achieving his clients’ interests. As an advisor to significant energy generation clients—including the sponsors of some of the largest nameplate wind and solar power projects in the United States—Nish has a track record for obtaining value for clients on stalled projects. He has negotiated with—and litigated against—sureties to enforce performance bonds and ensure project completion with minimal disruption, counseled clients both burdened by and benefitting from mechanic’s liens in multiple jurisdictions, and crafted strategies leading to significant insurance recoveries for damaged clients, following project failures or catastrophic events.
In addition to his construction practice, Nish represents clients in the energy, chemicals, manufacturing, and technology sectors in high-stakes commercial disputes, where he has tried—and won—several bet-the-company matters through trial and arbitration hearing, including complex trade secret, business tort, and breach of contract claims.
When matters cannot be resolved absent dispute, Nish brings to bear skills honed across numerous trials, arbitration hearings, and other contested proceedings. Clients rely on him to deliver compelling arguments, examine and cross-examine key fact and expert witnesses, take and defend numerous depositions, and craft and argue persuasive motions and appeals (including in oral argument before the United States Court of Appeals for the Fifth Circuit).
Nish is actively involved in pro bono work focused on immigration and constitutional matters and regularly presents on deportation defense at the University of Pennsylvania Law School, where he served as an associate editor of the University of Pennsylvania Journal of Business Law. Prior to joining Baker Botts, Nish served as a judicial intern for the Honorable Ravi K. Sandill of the 127th District Court in Harris County, Texas.
Construction & Infrastructure Disputes
Trade Secrets & Energy Litigation
Insurance Recovery & Catastrophic Loss
Appellate & Pro Bono Advocacy