Shapiro, Lifschitz & Schram

“They are real genuine practitioners – they don’t hand it over.”

Evans Barba – President and CEO, Barba Consulting

Successful Representation of Owner of Natural Gas-fired Power Plants in Negotiations to Settle Complex Power Construction Disputes

We represented a leading producer of electricity from natural gas and geothermal resources in two major disputes involving the construction of natural gas-fired power plants.

One dispute involved the upgrade of a simple-cycle generation facility to a combined-cycle generation facility pursuant to an engineering, procurement, and construction (“EPC”) contract. During construction of the facility, the owner asserted claims against the EPC contractor for more than $10 million for project delays and certain defective work. The EPC contractor asserted claims against the owner for wrongfully withholding funds and filed a mechanic’s lien against the project for more than $22 million. The EPC contractor subsequently commenced litigation to foreclose on the mechanic’s liens. A principal subcontractor of the EPC contractor filed mechanics’ liens against the project for $12 million. The subcontractor also commenced litigation to foreclose on its mechanic’s liens.

With our assistance, the owner engaged in a ten-month settlement negotiation process that resulted in the successful completion of the project, dismissal of all litigation, release of all mechanics’ liens, and favorable settlement of all claims.

A second dispute involved construction of a combined-cycle electric generating facility. During construction, the owner asserted claims against the EPC contractor for more than $16 million as a result of non-conforming work and project delays. The EPC contractor asserted claims against the owner for more than $30 million for acceleration, productivity impacts, and overhead costs. With our assistance, the owner engaged in settlement discussions with the EPC contractor over a period of thirteen months. During this process the owner and EPC contractor engaged experts and made claims presentations to each other, which process ultimately resulted in a favorable global settlement.

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?