Mr. Subak’s recent representative engagements include the following:
- Lead counsel on behalf of an EPC contractor in federal court in the defense of a nine-figure claim arising out of the failed development of a multibillion-dollar power plant. In that matter, the owner was trying to avoid the enforcement of a limitation of liability clause. Mr. Subak’s efforts contributed to the dismissal of all non-contract claims against our client, and following discovery, our client was granted summary judgment regarding the enforceability of the limitation of liability clause. When the plaintiffs were unable to reverse the granting of summary judgment through various procedural tactics, the case subsequently settled on terms extremely favorable to our client.
- Lead counsel on behalf of a major electrical contractor in federal court in the prosecution of a substantial claim against the utility owner. After six days of trial in federal court, Mr. Subak helped the client secure a substantial settlement in its favor.
- Lead counsel on behalf of an EPC contractor in a series of disputes arising out of the construction of a multibillion-dollar power plant. Mr. Subak’s efforts helped the contractor to achieve a substantial settlement with the project owner, as well as the successful navigation of a variety of disputes involving subcontractors and vendors.
- Represented the private developer for the rebuilding of the World Trade Center in an arbitration that resulted in a $100 million+ savings to our client. Subsequently represented the same developer in another multibillion-dollar arbitration that helped our client to successfully renegotiate the development agreement.
- Lead counsel on behalf of a general contractor in connection with a $700 million+ elevated rail program with a public transit authority in a major city, whereby the general contractor was wrongfully terminated by the authority on a portion of the project. Following discovery and dispositive motions, the general contractor received an eight-figure settlement and the public transit authority dropped all claims against our client.
- Lead counsel on behalf of a trade contractor in connection with the construction of a $500 million+ combined-cycle power plant in an operating refinery, whereby our client was wrongfully terminated by the EPC contractor. Following discovery and motion practice, including sanctions being assessed against opposing counsel, our client received an eight-figure settlement and the EPC contractor dropped all of its claims against our client.
- Served, as part of a seven-month secondment to one of the world’s largest contractors, as project counsel on a $10 billion airport in the Middle East, providing advice on a host of issues confronting a client on a mega-project.
- Represented a general contractor in a dispute with an owner in connection with the construction of a major retirement community. Following depositions of the owner’s team, a settlement was reached whereby our client was paid 100 percent of its claim, plus interest and attorney’s fees.