Representative Engagements - Industrial/Process/Laboratory
- revised all construction and design contracts
for a major manufacturer of building materials owning manufacturing
facilities throughout the United States; provided seminar for project
management and engineering personnel nationwide
- prosecuted
$10 million claim for delays and disruptions and cost overruns of
turnkey subcontractor on a turnaround de-bottlenecking of a Gulf Coast
ethylene plant; claims were for multiple changes, site environmental
conditions and acceleration
- defended
claim that construction and engineering cost overruns for an addition
of a process line to a Gulf Coast EPDM (synthetic rubber) plant were
the fault of engineering contractor; claims were for delays, rework
and design errors
- represented joint
venture general contractor and its mechanical and electrical
subcontractors in $15 million claim against owner of a pharmaceutical
laboratory in Upper Merion Township, PA
- drafted
and assisted in negotiation of EPCM construction contract and project
financing documents for $130 million recovery boiler project for an
international paper manufacturer in Calhoun, TN
- represented
a mass paper mill designer/construction manager who was sued for cost
overruns in a newspaper printing plant in Philadelphia, PA
- represented
design/build contractor in securing indemnity for a verdict in excess
of policy limits in dispute with professional liability insurer over
coverage of claims for construction deficiencies in an industrial
plant in Detroit, MI
- represented an
international paper manufacturer in prosecution of claims against
equipment manufacturer arising out of failed construction of a complex
process equipment in Catawba, SC. After litigation of venue issues,
negotiated a satisfactory settlement under which supplier re-performed
new work below cost. Drafted and negotiated settlement agreement and
replacement EPCM contract.
- represented
power plant designer/construction manager who was sued by general
contractor and owner for late drawings, changes and cost overruns of
a hydro power plant in Lancaster, PA
- represented
regional general construction contractor for chemical/biological
laboratory in Edgewood Arsenal, MD in connection with disputes with
Army Corps of Engineers, and subsequent prosecution of claims for
differing site conditions and delay and disruption
- defended
international design engineers from claims of design errors resulting
in cost overruns in construction of steel mill in Saskatchewan, Canada
- represented
major chemical company defending a $24 million claim by a contractor
arising out of alleged changes during design and construction of a
sulphur acid regeneration facility renovation in Carson, CA
- represented
a major chemical company sued by the general contractor for project
overruns incurred in performing major plant renovations in Hammond,
IN.
We have particular experience with engineering, procurement and construction management (EPCM) contracts for the biomedical industry. We negotiated and drafted the EPCM contracts for a $1 billion advanced biotechnology research and manufacturing facility in Ireland. We handled contracts with an Australian real estate development firm and its construction subsidiary; served as liaison with Irish local counsel; and negotiated and drafted systems integration contracts. We also draft contracts for successful alliance relationships with engineering, services and construction management firms, and we are experienced in resolving disputes involving the development of biomedical facilities.
Through our representation of several major pharmaceutical companies, biotechnology companies and other life sciences businesses, we thoroughly understand the unique issues involved in these projects. We understand the profit margins involved in the projects, the resulting need to avoid delay and to ensure the work is done correctly. We draft contracts expressly to deal with these issues and to apportion risk in a way life sciences companies understand.