The US FCPA, The Proposed UK Bribery Bill, and US Government Contracts
Listed in The Best Lawyers in America® Construction Law, 2008-2022 Arbitration, 2018-2022 Litigation – Construction, 2021-2022 Listed in Chambers USA, Construction, 2003-2021 Listed in Who's Who Legal, "International Who's Who of Construction Lawyers," 2011 Listed in Washington, D.C. Super Lawyers, Construction Litigation, 2012-2021 Listed in Who’s Who Legal, Construction, 2016-2021 BRC Uluslararasi Taahut Ve Ticaret A.S. v. Lexon Insurance Co. et al, No. 8:19-CV-00771-PX, 2020 WL 6801933, at *1 (D. Md. Nov. 19, 2020) Successfully litigated confirmation of arbitration award in favor of foreign subcontractor against U.S. prime contractor and the payment bond surety. The dispute arose from a wrongful termination of the subcontractor on a U.S. State Department construction project in Prague. Kiewit Infrastructure West Co. v. U.S., COFC No. 19-191C (March 23, 2020) Obtained permanent injunction setting aside cancellation of IFB by federal government and enjoining the agency from relying on invalid cancelation. Client was eventually awarded the contract. United States ex rel. Modern Mosaic, Ltd v Turner Construction Company, 946 F. 3d 201 (4th Cir. 2019) District court rulings against subcontractor on federal construction project rejecting subcontractor’s claims based upon subcontract language, upheld on appeal. Turner Construction Co. v. Smithsonian Institution, CBCA 2862, et al., 2017 WL 1968758 (Apr. 14, 2017) Successfully represented a national contractor in long-running litigation before the Civilian Board of Contract Appeals. The dispute arose from the multiple phased “Public Space Renewal Project at the National Museum of American History” in which the parties never agreed to a firm fixed price, even after the contract had been fully performed. The board ruled in favor of our client and awarded it $6 million plus interest while denying the Smithsonian recovery of any of its $24 million claim for repayment against Turner. Represented prime defense contractor in an international arbitration regarding the design and construction of a radar facility in Taiwan in which client’s design/build subcontractor asserted almost $100 million in claims for changes, delays, and other impacts for which it blamed our client. After three weeks of hearings, arbitration tribunal issued substantial defense award for client defense contractor. (April, 2014) JJK Group, Inc. v. VW International, Inc., et al., No. 8:13-cv-03933-TDC (District Court, Maryland 2015) Represented prime contractor in dispute arising from design-build of a new nurse call system for the U.S. Army Corps of Engineers (USACE) in a medical facility in Fort Lewis, Washington. After project completion, USACE revoked acceptance and ordered replacement of the new nurse call system, but the principal subcontractor refused to perform. Prime contractor retained another subcontractor to perform the replacement work and sued the original subcontractor and its surety to recover the costs. Successfully obtained partial summary judgment ruling that subcontractor materially breached subcontract by refusing to proceed with replacement work unless it could prove cardinal change in a proceeding against USACE. Successfully represented a U.S. prime contractor in multiple disputes defending against claims by a Kuwaiti company in an international arbitration arising out of U.S. military operations in Iraq. Arbitration hearings were conducted in Washington, D.C. and in Dubai. (2011-2012) Limbach Company LLC v. Zurich American Insurance Company, 396 F.3d 358 (4th Cir. 2005) Successfully appealed an insurance coverage dispute regarding a commercial liability policy issued by Zurich. The Fourth Circuit reversed the award of summary judgment to Zurich and held that coverage was provided to Limbach for damages within the "your work" exclusion's exception for work performed by a subcontractor. City of Westminster v. Centric Jones, 100 P.3rd 472 (Colo. App. 2003) Obtained a rarely handed down directed verdict dismissing the owner's $11 million claim against our client. The trial court found that the owner failed to make any reasonable apportionment between contractor caused versus designer caused damages in its case. In addition, the jury awarded over $1 million for all of the contractor's contract balance and unpaid changes. The Colorado Court of Appeals affirmed the directed verdict on September 11, 2003 in a reported decision. J.A. Jones Environmental Services Company v. Horizontal Technologies, Inc. and North American Specialty Insurance Company, No. 01-1766 (E.D. Mich.) Pursued subcontractor and surety company on behalf of a contractor for breach of contract and defective installation of underground piping. The jury awarded all of the damages claimed, in excess of $5 million. The Sixth Circuit affirmed the jury verdict in an unreported decision dated April 3, 2003. Metric Constructors, Inc. v. Bank of Tokyo-Mitsubishi, et al., 72 Fed. Appx. 916 (2003) Involved the successful appeal of a summary judgment ruling in favor of the project owner's lenders and against the general contract's unjust enrichment claim. The Court determined that our client, the general contractor, forecasted sufficient evidence to satisfy each of the elements of an unjust enrichment claim to proceed against the lenders after they pulled the financing from a single purpose, asset-less owner entity. In Eastover Ridge, L.L.C. v. Metric Constructors, Inc., 139 N.C. App. 360, 553 S.E. 2d 827 (2000) Defeated an owner's fiduciary duty claim despite a standard AIA clause that the contractor accepts a relationship of trust and confidence. Also defeated on motion the owner's claim under North Carolina's unfair and deceptive trade practices act. In M and O Marine, Inc. v. J.A. Jones Construction Company, Civ. No. 97-1177 (Oct. 24, 2000) Represented a national contractor in a federal court action arising from the construction of a new lock at the Point Marion Lock and Dam near Pittsburgh, Pennsylvania. The case involved the defense of in excess of $2 million in nonpayment and extra work claims brought by a marine contractor. Obtained summary judgment for the general contractor on claims in civil RICO and common law fraud. The subsequent trial included the successful assertion of delay and extra work claims against the subcontractor. In the Matter of Arbitration between Beleggingsmaatschappij Ten Hage III B.V. and Omni Construction, Inc. Involved a dispute arising out of the construction of a large commercial development project. Successfully defended the general contractor and its subcontractor against the owner's demand for $1.7 million in breach of warranty damages and $1 million in punitive damages that involved lead in water contamination issues - a complete defense award. In the Matter of Arbitration between Kiewit Construction Group, Inc. and Trinity Industries, Inc. Represented the contractor in its breach of contract and delay damage claims against a structural steel supplier and the supplier's supply bond sureties in connection with reconstruction of the Pennsylvania Avenue Bridge over the Anacostia Bridge in Washington, D.C. Successful in obtaining an award of damages for contractor. John J. Kirlin, Inc. v. Marshall/Hyman a Joint Venture, Civil Action No. 172422-V (Circuit Court for Montgomery County, Maryland) Successfully prosecuted a quantum meruit claim relating to an unsigned subcontract arrangement related to work performed by the subcontractor on the IBM/Toshiba Dominion semiconductor plant in Manassas, Virginia. The follow-on arbitration for damages resulted in multi-million dollar recovery for the subcontractor. Kvaerner, ASA v. Bank of Tokyo-Mitsubishi, Ltd., 210 F.3d 262 (4th Cir. 2000) Successfully compelled financing banks protected by a parent corporate guarantee to participate and be bound by the arbitration agreement in the underlying construction contract. Chas. H. Tompkins v. United States, 43 Fed. Cl. 716 (1999) Involved a successful Court challenge to the agency waiving past performance requirements for the low bidder after denial of the protest by GAO. U.S. West, Inc. v. Aetna Casualty & Surety Co., Civ. Action No. 95-879-A (E.D. Va.), aff’d, No. 96-1698 (4th Cir. 1997) Federal court litigation in the Eastern District of Virginia between a general contractor and its subcontractor, against an "all risk" property insurer for damages to batteries installed during construction. Obtained judgment in the entire amount of the claim which was upheld on appeal. Sterling Millwrights, Inc. v. United States, 26 Cl. Ct. 49 (1992) Successful representation of a contractor building a chrome-plating facility for the U.S. Army. The Court overturned a default termination and ruled our client was entitled to recover damages caused from the government's defective design and delays.