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Representing one of the nation’s largest utilities in connection with multiple “target price” contracts involving coal-fired power plant additions, modifications and new generation.
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Limitation of liability clauses are a common element of large EPC and other energy project contracts. The Construction Practice Group has negotiated hundreds of limitation of liability clauses in large energy contracts.
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Representing a utility in an ADR proceeding against a large EPC contractor on an energy project, and in which the issues involve contractor cost escalation claims.
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Representing an owner in a dispute with an EPC contractor regarding termination for convenience cost issues.
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Representing one of the world’s largest EPC contractors on a major dispute (in the range of $120 million) concerning multiple breaches of an EPC contract on a coal plant.
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Represented an international EPC contractor in litigation arising from disputes in Argentina, Holland, Mexico and Spain. These cases were heard by the International Chamber of Commerce (ICC) in New York.
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Represented an EPC contractor in litigation on a large dispute concerning the construction of a coal plant in China.
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Representing an international real estate developer in a major dispute concerning material underestimates by a construction manager.
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Represented a hotel-casino developer on several large projects where a dispute arose regarding alleged material underestimates by construction managers, by general contractors and by architects.
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Represented subsidiaries of a public utility holding company in lawsuits and legal proceedings relating to design, construction and operation of power plants (including cogeneration plants, hydroelectric plants and wood gas plant), including a public service commission prudency audit of design and construction of $9 billion nuclear power plant.
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Represented international power turbine designer and manufacturer in defense of $200 million in construction contract claims (defective design, metal fatigue failures, loss of use, liquidated damages, and performance warranties) arising out of turbine power generation equipment installations in the United States, Europe and Asia.
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Represented large power company in drafting EPC and Construction Management Agreement for 300 Megawatt Integrated Gasification and Combined Cycle (IGCC) Power facility in Florida pursuant to Interlocal Cooperation Act.
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Defended designer and installation contractor of coal-fired stoker boiler in industrial plant in litigation and jury trial of $3.5 million in claims arising from alleged design and performance failures (including breach of warranty, defective design and inadequate specification, loss of use claims). Obtained seven figure counterclaim and attorney fees award against Owner and prevailed in third party claims against major engineering firm.
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Represented utilities installation and procurement contractor in trial before administrative board of $3 million in construction claims (defective design and inadequate specifications, impossibility of performance specification, and fabrication defects) arising from Corps of Engineers hydroelectric dam project in Savannah Georgia.
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Representation of a major utility in defending against excessive termination cost claims by a terminated EPC contractor on a coal-fired power plant project.
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Represented a general contractor in the prosecution and defense of $1 million in construction contract claims (delay, changes) involving a supplier and the COE arising from a hydroelectric plant located in the Panama Canal Zone.
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Represented an electrical subcontractor in the prosecution and defense of $1 million in construction contract claims (delay, acceleration, disruption) involving the Army Corps of Engineers a/k/a the “COE” and the general contractor arising out of a lock and dam project on the Red River in Baton Rouge, Louisiana.
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Responsible for the drafting, negotiation, and review of all larger construction contracts (new generation, expansion and environmental upfits) for one of the nation’s largest utilities.
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Represented a utility in connection with a dispute with an EPC contractor regarding material and labor escalation issues.
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Represented a major utility in connection with the negotiation of the EPC contract for two new nuclear power units at Plant Vogtle in Georgia.
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Defense of a utility in connection with numerous contractor and subcontractor lien claims by contractors, subcontractors and suppliers on coal-fired power plant improvement projects.
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Represented a utility in connection with the sale of existing coal-fired power plant units to a foreign utility in connection with the conversion and dismantling of a coal-fired power plant.
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Defended a utility in connection with a multi-million dollar delay and inefficiency claim by a contractor on a coal-fired power plant project.
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Negotiation on behalf of a utility of contracts for Baghouse projects at a coal-fired power plant.
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Negotiation of contracts and resolution of disputes regarding several FGD/SCR projects being constructed for various power plants.
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Represented a utility in connection with an EPC contractor claim for cost escalation in the construction of new generation units at a nuclear power plant.
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Part of the litigation team for a large Midwestern electric utility in connection with performance issue disputes, delay claims and defective design claims arising out of construction projects at this Midwestern state’s largest coal-fired generating units.
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Represented a utility in connection with the conversion of a coal-fired power plant to a natural gas plant, including the negotiation and drafting of all major contracts.
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Represented a large general contractor in prosecuting and defending claims arising out of the construction of a storage and treatment facility for nuclear waste at the DOE’s Idaho Nuclear Technology and Engineering Center.
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Negotiation and resolution of an EPC contractor claim for extra work and additional costs as a result of changes in the design for a new power plant project.
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Represented an owner of clean energy biomass gasification plant funded by U.S. Department of Energy, in arbitration of multi-million dollar claims against design-builder for design and construction defects and of design-builder’s related claim seeking contract payments.
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Represented a private owner in the prosecution of $21 million in construction contract claims (defective design, construction defects, delay and economic loss) involving an EPC contractor and an LNG storage and transfer facility in Boston, Massachusetts.
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Represented an owner of professional sports teams in drafting and negotiating design and construction contracts and advising on legal issues and claims relating to design and construction of $230 million Olympic/baseball stadium, and a $200 million multi-purpose arena facility and related public improvements.
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Represented three general contractors in defending $6 million in construction contract claims (incomplete work, delays, default, collateral source, reinsurance, bankruptcy) against a takeover surety involving fiber optic backbone loops in Chicago, Denver and New York
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Represented a general contractor in the prosecution of $150 million in construction contract claims (defective design, unforeseen conditions, changes, delay, disruption, acceleration, bad faith, denial of access) against the Commonwealth involving the “Big Dig” in Boston, Massachusetts.
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Represented a Florida city government in the defense against a multi-million dollar extra work and delay claim by the general contractor on a large wastewater treatment plant addition and renovation project.