HL Construction Law regularly counsels clients in the development and negotiation of prime contracts and subcontracts for all stages of public and private construction projects. By ensuring that project documents and contract terms protect our clients’ interests before work begins, we allow our clients to focus on the smooth progression of their projects while helping to prevent disputes and unexpected risk along the way. Current and recent projects include:

• Negotiating a $3.25 billion contract for the construction of a 1,000-megawatt coal-fired power plant.

• Assisting a Fortune 100 client with the overhaul and redrafting of contract documents for use in security system installation and servicing projects.

• Assisting a client with the development of comprehensive contract documents for use in design-build projects.

The HL Construction Law team routinely guides clients with a need to assert claims for additional costs and expenses incurred on their projects, as well as those clients addressing claims asserted by lower-tier subcontractors. Current and recent projects include:

• Creating a proprietary program to evaluate construction claims. The program aids in making an upfront assessment of the viability of a claim and helps determine whether a claim should be pursued in litigation. The program includes an analysis of the applicable contractual requirements as well as the damages — including delay and acceleration damages, overhead, lost labor productivity, and lost profits — that can and should be pursued.

• Service as National Construction Claims Counsel for a Fortune 100 company.

Current and recent projects include:

• Defending claims on behalf of a construction firm that, under a public contract in the approximate amount of $200 million, was a principal contractor in the reconstruction of the largest bascule bridge in the world.

• Representing a prominent regional general contractor in multiple high-profile disputes involving a seven-story research laboratory, as well as in the renovation of a large public university’s stadium.

• Representing, jointly, Exxon Mobil Corporation and affiliates in multiple disputes with joint venture partner Saudi Basic Industries Corporation. These cases, governed by Saudi law, included a 2003 trial resulting in a $416.8 million verdict for Exxon Mobil. The Delaware Supreme Court has upheld the verdict on appeal.

• Serving as litigation counsel on numerous matters for one of the leading building supply outlets in the State of Florida.

• Representing a general contractor in the enforcement of a lien in excess of $3 million, where the lending institution instituted foreclosure action in New York.

The HL Construction Law team collaborates regularly with Hahn Loeser’s Creditors’ Rights area to help our clients deal with situations of financial distress, whether that distress exists within their own organization or with their business partners. This unique, cross-disciplinary approach to counsel enables us to find creative, effective solutions for any party involved in a construction transaction, including owners, design-builders, general contractors, subcontractors, materialmen and suppliers, among others.

When financial distress exists with one of our clients’ business partners:

• HL Construction Law will cover all strategies available for creditors in the construction arena.

• In addition to the reactive steps of assisting with the filing and prosecution of mechanics’ liens, we often work with clients on a proactive basis to develop strategies of collection and payment. These strategies are designed to protect an enterprise against the pitfalls that occur when a business partner enters an insolvency situation.

• One recent representation includes counseling a Fortune 100 client on how to transact with a financially troubled business partner; our guidance resulted in additional leverage for our client to realize upon more than 80% of its general unsecured pre-petition claims once the client’s business partner entered into a Chapter 11 reorganization.

When financial distress exists with a client:

• The HL Construction Law team draws from the wisdom and experience within the ranks of our entire firm to thoroughly assess all available options for our client, both financially and operationally, in order to provide that client’s management with the tools necessary to achieve their desired results.

• Hahn Loeser has represented debtor parties in the construction arena in reorganizations through Chapter 11, and through state law means, while providing an approach to allow our clients to retain their long-standing relationships and obtain or simply maintain financing for the go-forward operations.

HL Construction Law assists clients in a wide variety of projects with a “green” component. For over a decade, our firm has provided counsel and support to clients engaged in energy savings performance contracting, including giving educational presentations about the legal framework and risks involved in public performance contracting projects. We also aid clients of all sizes who are entering into the relatively new arena of “green” construction and alternative energy production, and give seminars on how to avoid the pitfalls of doing business in these emerging industries. Current and recent projects include:

• Counseling a Fortune 100 client in the successful negotiation of an engineering and fabrication contract for a first-of-its-kind carbon sequestering system.

• Representing a client involved in a land encroachment dispute in connection with the erection of wind turbines.

• Assisting clients in the development and negotiation of energy savings performance contracts with public and private entities.

Current and recent projects include:

• Representing a state university in relation to construction issues, including claims by contractors for additional funds due to cost overruns and delays, and claims against contractors and a design professional for delays and defective work.

• Pursuing a claim on behalf of a public entity against the design team responsible for a recently-constructed prison. The case was settled with a $3.5 million payment to the state.

• Achieving a settlement in excess of $4 million for a university in a matter involving the assertion of claims against the bonding companies and the bankrupt estate of a contractor, as well as a defense of preference claims and a claim that lack of payment put the contractor into bankruptcy.

Current and recent projects include:

• Representing a cellular telephone towers manager in various cases involving contract disputes, zoning issues, and conspiracy claims.