Shapiro, Lifschitz & Schram

“They are very personal – you know who you are dealing with.”

Mike Hubert – President, Glen Construction Company

Major Arbitration Proceedings Regarding Power Plant Construction

We successfully represented the owner, New Athens Generating Company, LLC, a merchant power company, on a $533 million power plant construction project in upstate New York in a series of complex arbitration proceedings, against the EPC contractor, Bechtel Power Corporation, one of the world's largest power plant construction contractors. Bechtel sought more than $94 million in additional compensation for alleged changes in the cutting-edge power generation technology incorporated into the plant, alleged force majeure severe winter weather encountered during construction, and other alleged changes, delays and force majeure events. New Athens, sought approximately $33 million in liquidated damages due to Bechtel completing the construction more than 200 days late. Due to the complexity of the case, the arbitrators divided the hearing into four phases, with each phase focusing on one of the areas of construction in dispute. The arbitration involved extensive testimony as to power plant combustion turbine engineering, construction scheduling, construction craft labor productivity and ergonomics, meteorology/climatology, chemistry, power industry economics, and construction cost accounting. Altogether, the arbitrators heard 53 days of testimony, from 53 witnesses, received more than 1,300 exhibits, with a transcript of nearly 15,000 pages. The arbitrators rendered several detailed written opinions throughout the arbitration. The final result of the arbitration was that New Athens successfully defeated nearly all of Bechtel's claims and the arbitrators awarded New Athens $26,950,000 in liquidated damages which constituted more than 80% of the liquidated damages sought by New Athens.

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?