Representative cases and experience
- Represented U.S. industrial construction contractor in a dispute with an oil and gas producer regarding an EPC contract for the construction of a gas ‐ treating and sulphur recovery plant in Canada. The contractor claimed damages resulting from an incomplete design and specifications. Contractor’s claims included incorporating new owner requirements, correcting the specifications, changes and growth to the work and resulting impacts. The total amount in dispute was approximately $100 million.
- Represented international contractor in an UNCITRAL arbitration related to engineering, production, and construction of a deepwater production facility hull, topsides and mooring system. Prosecuted over $110 million in claims for cumulative engineering and fabrication productivity impacts, acceleration, and individual change orders. Defended counterclaims of over $130 million for consequential damages, clawbacks of settled change orders and defective engineering and fabrication.
- Represented international contractor in AAA arbitration arising from transportation and installation of completed and assembled deepwater production facility, including over $38 million in disputed change orders and project delays. Defended claims for installation delay and for alleged defective work.
- Represented US fabricator in $18 million dispute in federal district court in Texas with drilling contractor related to the construction and integration of two deepwater, state ‐ of ‐ the ‐ art drillships. Pursued claims resulting from contract breaches, extra ‐ contractual work and project impacts arising from late and defective design, increased work scope, compensable schedule delays and impacts.
- Represented US contractor in state court litigation pursuing claims of over $50 million for increased engineering and construction costs, delays, disruption and acceleration caused by the owner’s breach of contract for failure to provide a timely and complete contract design for the construction of an offshore jack ‐ up drilling rig. Successfully defended against the owner’s claims for breach of contract, completion costs, lost profits and fraudulent inducement.
- Represented national industrial construction company in disputes with owner arising from expansion of natural gas plant. Representation included prosecution of change orders and collection of approximately $40 million in unpaid invoices and defense of owner’s delay and productivity claims.
- Represented contractor in a Society of Maritime Arbitrators arbitration with the owner regarding the design and construction of a first ‐ in ‐ kind dual mode ATB trailing suction hopper dredge. The matter involved competing breach of contract claims of over $45 million relating to contract default, termination, claims for additional compensation for changes, delay, disruption and costs to complete with another company.
- Represented US contractor in AAA arbitration involving claims of over $7 million for delays, disruption and increased construction costs related to the owner’s late and incomplete design and late owner furnished equipment for the new construction of a hopper dredge.
- Represented US commercial contractor in a privately ‐ administered arbitration 8 ‐ day hearing which involved $6M in claims by the contractor for extra compensation for out of scope work performed during the construction of an accommodation module and helideck for an offshore structure. Defended counter ‐ claims of over $4M for recovery of payments made on disputed change orders and for damages resulting from allegedly delayed delivery.
- Represented US construction company in federal court litigation brought by a contractor seeking a royalty fee as an alleged third party beneficiary to a construction contract between the company and state department of transportation for the use of a certain patented technique related to the installation of columns for the Huey P. Long Bridge over the Mississippi River.
- Represented an international commercial and government contractor in an AAA arbitration arising out of the design and construction of a suction hopper dredge. This matter involved prosecution of claims before a 3 member tribunal for defective design, defective specifications, delay, and disruption, as well as defense of counter ‐ claims for liquidated damages and costs to complete after termination for default. The total value of claims and counter ‐ claims exceeded $100M.
- Represented a commercial contractor in a privately ‐ administered AAA arbitration 10 ‐ day hearing before a single arbitrator against owner for $36 million in breach of contract claims for delay and disruption damages, acceleration and overtime, delay, and the return of an improperly drawn upon letter of credit arising out of the design and construction of two articulated tug and barges. The claims arose from the owner’s incomplete and late functional design. The owner brought counter ‐ claims for liquidated damages and direct damages for non ‐ conforming work.
- Represented US contractor in a London Court of International Arbitration (“LCIA”) under UNCITRAL Rules against an international shipbuilder. The matter involved a two week hearing in London before a three member tribunal. The contract was for the detail design, procurement, fabrication, loadout and seafastening of two tower sections for a fixed, deepwater offshore platform for oil and gas production off the coast of Africa. As a result of design delays, work growth and subsequent acceleration of the schedule, the contractor claimed entitlement to additional costs approximating $18 million.
- Represented US shipowner in an arbitration in Singapore in accordance with Singapore International Arbitration Centre Rules before a single arbitrator related to claims for liquidated damages and completion costs of over $17 million related to the refurbishment and modification of a drilling rig in Malaysia.
- Represented contractor in a multi ‐ million dollar arbitration (13 weeks of hearings before a 3 member panel) in Massachusetts relating to overhaul and conversion of two Auxiliary General ‐ 3 | Page Purpose Oceanographic Research vessels. The owner’s late and incomplete design caused extensive overruns, particularly to the electrical scope, delays and loss of productivity.
- Represented owner and subrogated underwriters in federal court litigation in relation to a rig fire resulting in over $7 million in damages. Issues included whether the fire was caused by a subcontractor’s welding or a defective electrical and power system design and installation and the differing contractual and insurance obligations that resulted from the competing theories of causation.
- Representation of insureds, insurers and insurance brokers in various insurance matters, including builder’s risk, business interruption, hurricane and catastrophic loss, property, commercial general liability, hull and machinery and P&I claims and litigation. Representation has included coverage analysis, prosecution and defense of insurance claims, as well as defense of third party claims on behalf of both insurers and insureds and pursuit of subrogation and uninsured loss claims.
- Representation of a variety of companies in onshore and offshore casualty investigations and litigation involving catastrophic loss, property damage, and personal injury and death. Representation has included initial investigation, liaising with governmental authorities such as OSHA, USCG and BSEE, organization and presentation of insurance claims and defense of underlying claims.
- Extensive appellate experience including briefing and oral argument in multiple cases before the U.S. Fifth Circuit Court of Appeals, the U.S. Second Circuit Court of Appeals, the Louisiana Supreme Court and various appellate courts in Louisiana and Texas.