Alston & Bird lawyers regularly counsel clients in the manufacturing industry regarding the options available for delivery of their projects; assist with the drafting and negotiation of design and construction agreements; take steps to insure that proprietary processes and information are protected; and insure protections are in place, so that the performance of the new facility meets the requirements of the plans and specifications. We also have substantial experience prosecuting and defending claims that arise out of these projects, some of which are listed below.
Construction Counseling
Drafted construction-related contract documents (design professional, contractor and construction manager agreements) for an ENR Top 10 owner with manufacturing facilities throughout the United States, Europe and Asia.
Provided a “Claims Mitigation” seminar to an ENR Top 10 owner’s project management staff responsible for managing construction projects in the United States, Europe and Asia.
Represented the project owner in a negotiation of a completion contract and prosecution of claims following the default of a design-builder on three food warehouse construction contracts totaling over $250 million.
Drafted the design/build contract documents relating to a $25 million manufacturing plant expansion in Connecticut.
Drafted construction contract documents relating to the $28 million expansion of a cement plant in Lucerne, California, and provided project counseling to the owner in response to the contractor’s claims.
Representation of a Chicago-based development company in the negotiation of fixed sum and cost-plus contracts for the construction, on a design-build basis, of distribution and manufacturing facilities located throughout the United States.
Drafted the contract relating to the procurement, engineering, environmental remediation and demolition of a sulfur prilling facility in Long Beach, California.
Drafted the design/build agreement relating to the construction of a $3 million sulfur prilling facility in Mount Vernon, Washington.
Represented a general contractor in negotiations for a $40 million pulp wood processing facility in Tennessee.
Represented the owner in negotiations with the engineer and project manager for an $80 million mineral sands processing plant in Virginia.
Represented the owner in the negotiation for construction of an iron ore reduction facility in Lafayette, Louisiana.
Represented design-build contractor in preparing its tender documents for the design and construction of a nitric acid plant in Aqaba, Jordan, in response to a solicitation for tender offers under the Federation Internationale Des Ingenieurs-Conseils (FIDIC) Conditions of Contract for Design-Build and Turnkey.
Represented a lender in connection with the development of a pectin processing plant in Ireland.
Construction Claims
Represented an oil company in connection with the defense of a contractor’s $66 million claim arising from the construction of a major oil processing facility in Santa Ynez, California. After a three-month jury trial, the contractor recovered less than half of the amount claimed.
Represented an oil company in connection with the defense of $6 million extra work, delay and impact claims asserted by a general contractor in connection with a “Clean Fuels” refinery upgrade project in Torrance, California.
Represented an industrial owner in mediation and litigation concerning $4.5 million in design and construction defects on woodyard projects in Mississippi and Alabama.
Represented an equipment manufacturer/design-build contractor in litigation and mediation concerning steel plating plants in Alabama and Ohio.
Represented a metal building manufacturer in litigation in Georgia and Texas, involving $3 million in alleged delays and defects in design and fabrication of metal buildings.
Represented a design-build contractor in a lawsuit brought by the owner of a printing plant located in Maryland, seeking damages for the alleged defective design and construction of an emissions control system designed to remove volatile organic compounds from the plant’s air stream emissions.
Represented the prime demolition contractor in the prosecution and defense of claims against subcontractors for the demolition of oil tank farms throughout California. Representation involved a 15-day arbitration of disputes with the oil recovery subcontractor.
Prosecuted claims in excess of $9 million on behalf of an electrical subcontractor against the general contractor and project owner arising out of the construction of a cement manufacturing facility in Lucerne Valley, California.