Experience
  • GENERAL CONSTRUCTION LITIGATION
    • Represented general contractor in connection with contract administration matters, claims and litigation arising out of the construction of VA Medical Center. The facility included two million square feet of ambulatory care, medical clinic, hospital, atrium and mechanical space, with an original contract value of approximately $260 million. We advised our client in regard to numerous hostile actions taken by the owner, and we successfully prosecuted multiple claims, resulting in non-monetary discovery sanctions against the government and the recovery of nearly $215 million in damages, 970 calendar days of compensable time extensions and relief from liquidated damages and withholdings. The construction project and claims garnered a substantial media and congressional attention, involving multiple hearings before Congress in which representatives from the client and the Department of Veterans Affairs provided testimony.

      Represented a contractor asserting claims arising out of the construction of a docking facility on a four-state transportation waterway. Settled the case for more than expected, leading to multiple rehires by the same contractor.

      Represented an EPC contractor against a subcontractor on a large claim on a ceramics plant. The subcontractor asserted claims of approximately $10 million against the EPC contractor for alleged changes, mismanagement and associated impacts. The case settled for a nominal value and was managed against a detailed budget.

      Represented the owner in project administration of multi-prime $2 billion EPC project in Chile, including risk management training, consultation on changes, general strategy, and dispute resolution.

      Represented a large general contractor in over 220 asbestos claims asserted against the company. After three separate courts dismissed three of the claims on summary judgment, the plaintiffs dismissed the remaining claims without receiving any compensation.

      Represented a quarry owner in approximately 350 lawsuits in which the plaintiff residential and commercial building owners sought $55 million in damages. In three years of hard fought litigation, we defeated class action certification and crafted a defense strategy that challenged both the legal bases and factual premises of the plaintiffs' claims, leading to a settlement for a fraction of the claimed damages.

      Represent a regional homebuilder in defense of lawsuits brought by individual homebuyers and homeowners’ associations asserting claims for fraud, misrepresentation, violation of state consumer protection statutes, and breach of warranty, as well as prosecution of contractual indemnity actions against subcontractors.

      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 a bridge reconstruction. Successful in obtaining an award in excess of $1 million at arbitration.

      Resolved 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 result.

  • ENERGY-RELATED DISPUTES
    • Represented the owner of hydropower facility in Latin America, with respect to damages arising out of its pressure tunnel conveying water from a reservoir to its turbines. This complex matter included lawsuits in Panama and England, as well as an ICC proceeding. The matter included the development of an investigation and repair protocol, including the preservation of evidence and development of defensible testing protocols, consultations and contract management advice regarding the more than $100 million tunnel repair project, interviews and other factual development from the project documents, past project personnel, third parties, and experts to understand liability, overcoming dispositive motions, and the submission of a detailed claim memorial and other prehearing ICC submissions.

      Represented a power developer in a partnership with a major internet company against an EPC contractor under a $1.5 billion contract on the world’s largest solar thermal plant that involved more than $100 million in claims. Assisted with change order and dispute resolution for over two years, led settlement negotiations and ultimately closed out the project within the client’s expected budget.

      Obtained a favorable, multimillion-dollar settlement on behalf of an owner, during the course of a bench trial, in a dispute involving more than $100 million in claims arising out of the engineering, design and construction of a more than $300 million combined-cycle power plant.

      Represented a major EPC contractor against an owner of an activated carbon plant. The owner alleged tens of millions of dollars in defects in design and construction. The parties presented multiple experts and presentations during a two-phase mediation. The case settled within our expectations, and the project still produced a reasonable profit for the EPC contractor.

      Represented large contractor against a petroleum company in a dispute arising from an installation of a power facility within an existing refinery. The owner alleged overruns and increased costs were due to negligent design and construction mismanagement. We litigated the case for a year and a half and settled favorably for our client, for the amount equal to the best case scenario from our initial evaluation.

      Represented EPC contractor in early strategy and subsequent negotiations with the owner, arising out of a power plant in Colorado. Obtained a more than $35 million recovery of a labor availability claim.

      Represented EPC contractor consortium as claimant in ICC arbitration against owner regarding construction of LPG pipeline in Mexico. Contractor had multimillion-dollar claims; owner had multimillion-dollar counterclaims. After two weeks of hearings in Mexico City, award issued for substantial net recovery by contractor.

      Represented power plant owner in a $5 million dispute related to forced power outages and maintenance work on a combustion turbine located in the Dominican Republic.

      Represented EPC contractor asserting $15 million claim for acceleration and inefficiency against an owner due to project changes dictated by permitting authority, including changes caused by the permitting authority’s unexpected decision to characterize the project site as a flood zone. The claims arose out of a project that included three separate solar facilities generating up to 175 megawatts of solar power in Nevada.

      Represented EPC contractor in project closeout disputes for a 52.5 megawatt solar project in Jordan, including force majeure claims for sandstorms and other extreme weather events, extra work claims, and claims arising out of the operations and maintenance agreement between the EPC contractor and owner.

  • ENERGY TRANSACTIONS
    • Represented a major internet company in connection with power purchase agreements for multiple data center sites in Tennessee and Alabama, including issues related to renewable energy procurement.

      Represented solar plant developer in contract formation, contract administration, subcontract close-out, and contract documentation on greenfield solar farms in California, Nevada, Texas, Arizona, and Ontario.

      Serve as primary outside counsel to one of the largest solar developers in the Southeast, having worked on numerous aspects of the development and financing of more than 130 megawatt solar projects spanning Tennessee, Mississippi, Georgia and Colorado, including site control, project finance, and regulatory and tax incentive advice.

      Provide licensing advice to solar installers in all 50 states.

      Assist in securing tax incentives, and advise on sales, use, and property tax issues for solar projects in the Southeast. Obtained a private letter ruling regarding the application of certain sales, use, and property tax rules.

      Extensive experience drafting EPC contracts and conforming subcontracts for the solar industry. Routinely provide advice regarding contract administration and subcontractor claims.

      Negotiated EPC subcontracts on behalf of EPC contractor and developer for 141 megawatt photovoltaic power plant in Chile. Assisted project management team in administration of EPC contract and subcontracts through course of development and construction of plant, and assisted with operations and maintenance after energization.

  • GOVERNMENT CONTRACTS
    • Secured a key reversal from the U.S. Court of Appeals for the Federal Circuit on behalf of general contractor in a case involving the federal government’s failure to properly administer a $50 million contract to design and build 212 duplex housing units for a Marine Corps base in Hawaii. Due to unanticipated soil conditions and other issues, made worse by the failure of the government to administer the contract fairly and according to its terms, our client expended more than $76 million over more than four years to finish the project. Our client sued to recover those costs, alleging the government’s action breached its duty of good faith and fair dealing.

      Represented a major defense contractor in a $100 million international arbitration dispute that arose from the design and construction of a radar facility on a remote mountain military base in Taiwan. The case culminated in a multi-week hearing and a very successful resolution for our client.

      Successfully obtained finding of wrongful termination, government bad faith and $18 million judgment for owner of facility leased to the Department of Veterans Affairs in litigation in the U.S. Court of Federal Claims over the default termination of lease by the VA relating to claimed structural defects.

      Represented general contractor in protracted litigation against the U.S. General Services Administration (GSA). We obtained an eight-figure settlement at mediation and successfully resolved substantial claims by multiple passthrough subcontractors. The same contractor hired us again to prosecute delay and extra work claims arising out of the construction of additional U.S. facilities.

      Successfully represented the protester in a GAO bid protest involving the largest contract ever awarded by the Department of Energy – a $22.8 billion contract for the consolidation of management and operating activities at the National Nuclear Security Administration’s Y-12 National Security Complex in Tennessee and the NNSA’s Pantex Plant in Texas. GAO sustained the protest, finding the agency’s cost feasibility analysis to be unreasonable based upon our client’s arguments.

      Filed successful bid protests with Government Accountability Office alleging that contractors awarded U.S. Embassies in Djibouti, Bujumbura, Dakar, and Monterrey were not a “United States person” eligible to construct an embassy under the Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852 (2000).

      Represented defense contractor in ICDR arbitration regarding the design and construction of a radar facility. Subcontractor asserted almost $100 million dollars in claims against client for changes, delays, and other impacts. After three weeks of hearings, arbitration tribunal issued substantial defense verdict for client defense contractor.

  • INTERNATIONAL ARBITRATION
    • Represented a client in international arbitration in Beijing concerning product liability claims; represented the joint venture that constructed a major embassy project.

      Successfully initiated proceedings in London’s Technology and Construction Court on behalf of a contractor involving a major LPNG project in Africa.

      Represented U.S. mining company in a dispute regarding the purchase of coal by an Egyptian corporation; arbitration filed in the International Court of Arbitration and decided under Rules of the International Chamber of Commerce.

      Represented multi-national defense contractor in a $100 million international arbitration dispute that arose from the design and construction of a radar facility on a remote mountain military base in Taiwan. The case culminated in a multi-week hearing and a very successful resolution for our client.

      Represented general contractor in arbitration in Cairo, Egypt, against Egyptian Electrical Agency arising out of the construction of a power plant; arbitration decided in favor of contractor.

      Represented an American firm against a Kuwaiti subcontractor involving Iraq War logistical support in ICDR proceeding.

      Represented contractor in connection with a Singapore arbitration against the owner arising out of a petroleum tank farm.

      Arbitration in London for U.S. chemical plant owner against German design firm and American contractor regarding chemical plant explosion; settled favorably for contractor after hearing and before award.