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