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.

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