Currently assisting a natural gas transportation company in the development and planned construction of a 400-mile interstate pipeline.
Currently assisting a natural gas transportation company with survey access, eminent domain, and easement issues related to the expansion of existing
transportation facilities.
Currently assisting a natural gas transportation company with various environmental issues related to ongoing pipeline operations.
Currently assisting a natural gas transportation company with its planned conversion of its facilities to transportation of a different product.
Represented a natural gas transportation company in the development and construction of a 50-mile interstate pipeline, including all related eminent domain
litigation.
Represented a natural gas transportation company in the development and construction of a 300-mile interstate pipeline, including all related eminent
domain litigation.
Represented a natural gas transportation company in the development and construction of a 50-mile interstate pipeline, including all related eminent domain
litigation.
Represented a natural gas transportation company in various easement issues related to ongoing pipeline
operations and expansion.
Defended a natural gas transportation company in litigation arising from a natural gas explosion in a business that received its natural gas from a local
distribution company. The primary issues in the litigation involved odorization of the gas by the LDC.
Successfully defended natural gas transportation company in a challenge by environmental groups in a U.S. Circuit Court of Appeals to a Corps of Engineers
404 Permit for construction of an interstate natural gas pipeline.
Currently defending natural gas transportation company in a challenge by environmental groups in the D.C. Circuit Court of Appeals to a FERC Certificate
for construction of an interstate natural gas pipeline.
Long-term representation of a local natural gas distribution company in all aspects of its business, including rate-making, environmental, litigation, and
all corporate matters.
Currently assisting national natural gas distribution company with environmental and risk management issues.
Assisted in purchase and sale of natural gas electrical generation facilities.
Represented an owner in drafting a construction management agreement for the construction of a pipeline in Texas.
Represented an owner in drafting a construction agreement for the construction of a pipeline in Louisiana.
Represented a national pipeline contractor in drafting multiple cost-plus and guaranteed maximum price contracts.
Construction Litigation
Represented RSM Production Corporation in an ICC arbitration in Houston in April 2021. The dispute concerned various breach of contract claims RSM had filed, as the non-operating interest owner of an onshore gas project in Cameroon, against the project operator, Gaz du Cameroun, S.A. The ICC tribunal issued its partial final award in April 2022, which granted RSM relief on most of its claims for a total award (excluding interest, fees and costs) of approximately $12.2 million. In July 2022, at the respondent’s urging, the tribunal issued an addendum award, which reduced RSM’s damages on its largest claim (worth $10.5 million) by over $4 million. We then filed a motion to partially vacate the addendum award and a motion to confirm the remainder of the partial final award in the Southern District of Texas in October 2022. In November 2023, the federal district court in Houston granted RSM’s motion in its entirety, reinstating RSM’s entitlement to the original damages award. Read more here.
Successfully resolved approximately $55 million in claims on behalf of a national pipeline contractor in a Texas state court case against one of the nation’s largest pipeline owners involving the construction of a 135-mile pipeline.
Represented a national pipeline contractor in a Texas state court case, including successfully asserting a spoliation motion, involving the contractor’s defense against $40 million in claims asserted by a pipeline owner and the contractor’s assertion of a $15 million counterclaim.
Represented a mechanical subcontractor against an international general works contractor and a global upstream EPC contractor on claims for changed work, acceleration, and wrongful termination of contract arising from the construction of a $1.2 billion, coal-fired power plant in Iowa.
Represented a remediation subcontractor against an EPC contractor in a Tennessee federal court case in which the Sixth Circuit affirmed the trial court’s decision that found bad faith on behalf of the EPC contractor and granted an award to the remediation subcontractor for over $9 million.
Represented an international engineering conglomerate in a Mississippi federal court case involving a $4 million delay claim against a municipality concerning the installation of a water meter system.
Successfully represented a national pipeline contractor in an Alabama federal court case involving the contractor’s defense against over $14 million in claims asserted by a horizontal directional drilling subcontractor.
Represented an international engineering conglomerate in a North Carolina state court case involving over $4 million in claims by a mechanical engineering subcontractor.
Advised an international engineering conglomerate regarding domestic sourcing requirements and compliance with federal law, including the Buy American Act and American Recovery and Reinvestment Act.
Represented an electrical generator supplier in an ICC arbitration arising out of the supply of electric generators to Tanzania.
Energy Contracts
Represented an owner in drafting and negotiating the FEED agreement, EPC term sheet, and EPC agreement, including all attachments thereto, for the
development and construction of a multi-train LNG facility located in Texas.
Represented an owner in drafting and negotiating a FEED agreement, EPC term sheet, and an EPC agreement, including all attachments thereto, for the
development of a multibillion-dollar petrochemical project, including the development of a cracker and an associated MEG plant located in Louisiana.
Represented an owner in drafting several EPC agreements for the development and construction of pipelines, roads and other infrastructure projects in
support of the development of an LNG facility in Texas.
Represented an owner in drafting construction agreements and EPC agreements for the construction of several infrastructure projects in support of the
development of a petrochemical project located in Louisiana.
Represented an owner in drafting several EPC agreements for the construction of on-shore facilities in support of the development of an LNG facility
located in Mozambique.
Represented an owner in drafting and negotiating several FEED agreements for the development of a revolutionary floating CGL facility that is expected to
provide natural gas to various places throughout the Caribbean.
Represented an owner in developing form EPC agreements, EPCM agreements and construction agreements for the development and expansion of oil refineries
located in Texas and Louisiana.
Represented an owner in drafting and negotiating an EPC agreement for the development of an off-loading facility in support of a crude oil terminal in
Utah.
Performed a due diligence review—including identification of contract delivery methods, assessment of risk allocation and damages provisions, and
determination of the enforceability of various contractual clauses—of over 50 national and international hydroelectric power supply and construction
contracts.
Represented an owner in drafting a construction management agreement for the construction of a pipeline in Texas.
Represented an owner in drafting a construction agreement for the construction of a pipeline in Louisiana.
Represented a national pipeline contractor in drafting multiple cost-plus and guaranteed maximum price contracts.
Combined Cycle and Solid Fuel
Represented BOP EPC contractor in early strategy and subsequent negotiations with the owner, arising out of a power plant in the western United States; our
strategy and its execution by management led to more than $35 million in recovery on a labor availability claim.
Represented contractor on a 530 MW re-power project replacing an existing natural gas-fired boiler with two new circulating fluidized bed (CFB) boilers.
Routinely provide construction audit advice for global power developer on projects inside and outside of the U.S.
Represented EPC contractor on activated carbon facility containing HRSG and steam turbine generator; matter involved approximately $70 million in disputes
involving alleged defects and delays.
Represented EPC contractor on 250 MW steam turbine generator addition to existing power plant inside a large petrochemical facility in Texas; recovered
substantial contract balance payments for client and successfully defended against all defects and delays alleged by owner.
Represented owner/developer of power plant in Chile during contract negotiations, project administration, insurance claims, and contract drafting,
including interaction with the major owner vendors on a regular basis during construction in an effort to mitigate dispute early and assist the owner in
prompt risk assessment.
Represented EPC contractor on close-out of a contract regarding a power plant in Queens, New York, with $40 million in close-out litigation in New York
federal court and Texas state court.
Nuclear and Alternative Fuels
Litigated, on behalf of the EPC contractor, performance issues and delay allegations regarding a nuclear disposal plant that incinerated low-level
radioactive waste items (gloves, uniforms, shoes, and the like).
Litigated, on behalf of the EPC contractor, performance issues regarding two garbage-burning power plants in North Carolina.
Defended contractor against claims brought by the owner relating to the construction of a nuclear power plant containment vessel where verdicts in favor of
our clients were returned in two separate jury trials.
Represented developer in claims by EPC contractor regarding construction time and cost overruns on power plant in the Midwest where poultry litter was the
fuel for the plant.
Represented a specialty metals vendor regarding performance issues of its equipment at nuclear units in Georgia.