Water & Wastewater
Alston & Bird has substantial experience providing construction counseling to owners and contractors a wide variety of water-related projects, including P3 projects, and has represented both owners and contractors in drafting contracts, providing project counseling and prosecuting and defending claims arising out of water and wastewater projects. Alston & Bird lawyers also have substantial experience prosecuting and defending claims arising out of large water-related infrastructure projects, including claims for defective design, delay, disruption and acceleration.
Construction Counseling
- Following legislative enactment of competitive bidding requirements, drafted a public water agency’s procurement policies and procedures for the competitive bidding of construction contracts and solicitation of professional services. Drafted standard design, professional services and construction procurement and contract documents for the water agency’s capital improvement program.
- Represented a DBFO contractor/operator in connection with the negotiation of public/private partnership agreement relating to the design and construction of a $26 million desalination plant in San Juan Capistrano, California.
- Represented a design-build equipment manufacturer and contractor in negotiations with venture partners and municipal owners for design/build/own/operate contracts of wastewater treatment facilities in Chicago, Tampa, Sacramento and Honolulu.
- Drafted contract documents for a DBFO contractor for water and wastewater projects constructed in Alabama and Mississippi.
- Represented an Austrian company in the negotiation of design/build/own/operate/transfer (DBOOT) contracts and related agreements for privatized waste water treatment facilities in California, Florida, Hawaii and Illinois.
- Drafted construction-related contracts and provided project counseling to a national environmental contractor in connection with the construction of a groundwater treatment facility in California’s Inland Empire.
- Provide ongoing project counseling to a Southern California general engineering contractor in connection with numerous underground water projects.
Construction Claims
- Defended a contractor against claims in excess of $100 million brought by a utility company arising from failure of steel penstock that was part of a pumped water storage power generation project located in central California. Successfully defended the client in a federal court jury trial, and the client was awarded contract balance and punitive damages.
- Represented a California city in the defense of claims relating to the construction of a 16 million mgd wastewater treatment facility and a 32 mgd wastewater treatment facility.
- Represented an electric power provider in arbitration of a $4 million claim arising from construction of a 110 mgd drinking water production facility.
- Represented a project owner in connection with the defense of claims arising out of the construction of a desalinization facility in San Juan Capistrano, California.
- Represented an equipment manufacturer/design-build contractor in litigation involving a wastewater treatment facility in Pennsylvania.
- Represented a contractor in claims arising out of the construction of water treatment facilities located in Atlanta, Cartersville and Dalton, Georgia.
- Represented a contractor in claims arising out of the renovation and expansion of water treatment facilities in Charlotte, North Carolina, and Birmingham, Alabama.
- Represented a contractor in litigation and mediation involving the addition of a fluidized bed incinerator to a wastewater treatment plant in Georgia.
- Represented an environmental insurer in claims arising from the collapse of clarifier walls at a wastewater treatment plant in Tennessee.
- Represented a general engineering contractor against allegations of defective construction relating to the installation of a 3,000 foot storm water line at the California State University campus.
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General Publications December 3, 2021“Infrastructure Law Gears $10 Billion to Fight PFAS in Water,” Bloomberg Law, December 3, 2021.The Infrastructure Investment and Jobs Act delivers more than $50 billion to the EPA to improve the nation’s drinking water, wastewater, and other infrastructure. It also includes $10 billion to address PFAS in drinking water. This article discusses how businesses should be prepared for the implications and risks associated with the EPA broadening and accelerating the cleanup of PFAS.General Publications December 3, 2021“Infrastructure Law Gears $10 Billion to Fight PFAS in Water,” Bloomberg Law, December 3, 2021.The Infrastructure Investment and Jobs Act delivers more than $50 billion to the EPA to improve the nation’s drinking water, wastewater, and other infrastructure. It also includes $10 billion to address PFAS in drinking water. This article discusses how businesses should be prepared for the implications and risks associated with the EPA broadening and accelerating the cleanup of PFAS.