People

Nischay Bhan
Nischay Bhan
Senior Associate

Overview

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.

Admissions & Affiliations

  • New York State Bar
  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Southern and Western Districts of Texas
  • Houston Bar Association
  • Houston Young Lawyers Association

Education

  • J.D., University of Pennsylvania Law School 2017
    Associate Editor, Journal of Business Law
  • B.A., Art History & English, Kenyon College 2014
    cum laude

Experience

Construction & Infrastructure Disputes

  • Granted final award exceeding $13 million in ICC construction arbitration on behalf of the owner of a utility-scale solar facility, while defeating $11 million in counterclaims asserted by the EPC contractor, including force majeure, prolongation cost, and government animus claims arising from years of project delay, following a five-day arbitration hearing in New York.
  • Represented owner of carbon black manufacturing facility in complex arbitration against consortium of contractor and engineer involving defective design and installation of pollution-control systems, including serving as first chair during a six-day arbitration hearing, with aggregate claims exceeding $35 million.
  • Represent leading EPC contractor in dispute with modular data-center fabrication subcontractor and project owner arising from construction of a large-scale data center in Cheyenne, Wyoming, including representation through multi-day mediation.
  • Represent owner and operator of two large-scale BESS projects in California in multiple disputes involving defective work and warranty claims for work performed by a major international equipment manufacturer and service provider, and for defective battery modules supplied by major Korean technology supplier.
  • Represent owner and operator of BESS project in dispute involving alleged owner-caused delay asserted by system integrator, relating to delays in achieving substantial completion of Project.
  • Represent owner of landmark, $200M cultural and religious center in Texas in navigating delay claims asserted by contractor under Construction Manager at Risk agreement asserting breach of contract and mechanic’s lien claims for payment in excess of the guaranteed maximum price (GMP).
  • Represented owner of wind farm in California in New York state court lawsuit against major international equipment manufacturer and service provider, involving delay claims, site conditions, and breach of Turbine Supply Agreement.
  • Represent owner of wind farm in Texas, in dispute involving catastrophic turbine blade failure and alleged gross negligence in maintenance services performed by a major international equipment manufacturer and service provider
  • Represented world-class art museum in Houston in defense of $1.75 million mechanic’s lien and breach of contract lawsuit brought by construction contractor, resulting in favorable settlement.
  • Represent developer of luxury apartment project in disputes following default and bankruptcy of design-builder, including negotiation of performance-bond takeover agreement and related disputes with surety and subcontractors.
  • Represented solar facility owner in warranty and bad-faith claims against EPC contractor, a major solar panel manufacturer, due to undisclosed defects in solar modules, resulting in favorable settlement.
  • Represented developer of luxury apartment, condominium, and hotel project in California in construction defect litigation brought by homeowner’s association.
  • Represented midstream developer in dispute involving T&M construction of saltwater disposal facility and unmanned truck transfer station, resulting in favorable settlement.
  • Represented leading North American structural timber supplier in fraud and breach of contract dispute with general contractor in California federal court, relating to construction of campus for major technology provider, resulting in favorable settlement.
  • Obtained dismissal and discharge of mechanic’s lien on behalf of midstream developer following interpleader proceedings in Texas state court.
  • Represented unit owners of luxury condominium in lien action brought by contractor, securing dismissal of claims.

Trade Secrets & Energy Litigation

  • Secured complete defense award for global engineering consulting firm in arbitration by multiple claimants involving claims in excess of $500 million for alleged trade secret misappropriation, tortious interference, and breach of contract (award confirmed by district court).
  • Granted complete defense verdict following a three-week jury trial in a $105 million trade secret misappropriation lawsuit involving subsea drilling technology in Harris County, Texas (verdict affirmed on appeal).
  • Granted $4.6 million arbitration award on behalf of multinational chemicals company in breach of contract and good faith dispute with joint-venture partner at shared refining facility, following five-day arbitration hearing
  • Granted complete defense award and counterclaim recovery exceeding $1 million on behalf of owner of industrial plant in arbitration involving dispute with owners of neighboring energy co-generation facility (award confirmed in judgment of district court)
  • Advise leading European chemicals company regarding potential disputes with joint-venture partner involving ownership, construction, and operation of $2 billion ethylene hydrocracking facility and related refining assets.
  • Represented public accounting firm in trade secret misappropriation litigation and related interlocutory appeals in Texas courts.
  • Represented oilfield services supplier in federal litigation involving alleged trade secret misappropriation and restrictive covenant disputes related to artificial lift technologies

Insurance Recovery & Catastrophic Loss

  • Represented chemical processing company in litigation and crisis response matters following catastrophic plant explosion, including Texas multidistrict litigation, bankruptcy adversary proceedings, and insurance recovery exceeding $750 million.
  • Granted $5.3 million judgment following six-day jury trial in Texas state court, in first-party insurance coverage litigation on behalf of oilfield services provider (judgment affirmed on appeal).
  • Advised owner of hydroelectric facility portfolio in insurance recovery strategy and contractor disputes following catastrophic flooding that damaged turbine assets.
  • Advise owner of combined cycle facility in insurance and warranty matters and related subrogation issues related to catastrophic failure of compressor and turbine rotor due to manufacturing defects in stage rotor blade
  • Advise claim representative for insurers and backing carriers in connection with insurance claim following seller of company’s breach of representations and warranties in asset purchase agreement.

Appellate & Pro Bono Advocacy

  • Appeared as lead counsel in oral argument before the United States Court of Appeals for the Fifth Circuit on behalf of immigrant client and prepared petition for writ of certiorari to the United States Supreme Court.
  • Appeared as lead counsel before the Fifth Circuit in Convention Against Torture case after securing emergency stay of removal for immigrant client.
  • Secured dismissal of novel First Amendment lawsuit against Texas county in federal court.