Cases
Representative Matters: Represented a joint venture of two of the country's largest general contractors before the Civilian Board of Contract Appeals which issued an unprecedented ruling, holding that the client could immediately stop building a $1.75 billion VA hospital project because of the VA's material breach of contract. Following a two week trial
extensive briefing, the CBCA granted the client this unprecedented relief, stating: We find that beyond doubt, the VA's breach of its contract was material
that the behavior of the VA has not comported with st
ards of good faith
fair dealing required by law. This remarkable ruling generated extensive media coverage in national
industry publications.
Advised an international marine contractor, as project counsel, on contract management, dispute resolution,
contract negotiations for the company's $1.4 billion construction of Sentinel-class fast response cutters for the United States Coast Guard.
Represented a mechanical subcontractor specializing in industrial piping fabrication
erection against a multinational General Works Contractor
a global upstream Engineer-Procure-Construct (EPC) contractor on claims for changed work, acceleration
wrongful termination of contract arising from the construction of a $1.2 billion, 790 MW coal-fired unit within an existing power plant. Successfully obtained a declaration from the arbitration panel that the mechanical subcontractor's purported termination for default was improper
without cause. Obtained an award against the general
EPC contractors in an amount equaling 95 percent of the mechanical subcontractor's damages sought in the arbitration, plus amounts for pre-award interest, attorneys' fees, costs
expenses.
Represented a marine contractor in disputes arising from a contract for the conversion of a fleet of U.S. Coast Guard cutters. Obtained recovery in arbitration of more than $10 million, defeated all of the counterclaims
recovered attorneys' fees.
Represented an international EPC contractor/OEM in multiparty disputes arising out of the construction of an $800 million coal-fired power generation facility. All disputes were ultimately settled through two separate structured settlement processes - one for disputes among the employer, the client
the client's consortium partner
the other for disputes between the client
its subcontractors.
Represented an environmental remediation design/build contractor, in a dispute concerning a remediation system on a site used in the production of nuclear armaments in Oak Ridge, Tennessee. After a two-week bench trial in the U.S. District Court, the judge issued a 174 page decision finding that Mr. Theriot's client had been damaged
entitled to recover not only its claimed damages, but also its attorneys' fees.
Represented a hospital owner regarding mechanical, electrical
piping issues on the construction
design of its $184 million expansion of cardiac facilities to an existing, operating hospital.
Represented an owner of a cold storage warehouse regarding a defective installation of a potassium lactate, wet pipe fire suppression system installed by the construction manager. Successfully, resolved dispute in mediation.
Represented a general contractor on the construction of a multimillion dollar hospital. The disputes involved claims of delay, acceleration,
disruption as well as additional time as a result of the owner caused delay. The owner of the hospital sought liquidated damages
costs associated with alleged defective construction. The disputes were successfully resolved in an alternative disputes forum.
Represented a pipeline contractor in Texas state court against one of the largest pipeline owners in the United States arising out of a 135-mile pipeline crossing Louisiana.
Represented international construction manager regarding alleged construction
design defects on the multimillion dollar expansion of a university. The owner alleged various mechanical systems were improperly installed
designed by our client. The matter was successfully resolved in an alternative disputes forum.
Represented an international aerospace products
defense parts manufacturer regarding disputes arising from the performance of a maintenance contract for the U.S. Navy's aircraft. Developed a request for equitable adjustment (REA) that was submitted to the Navy resulting in successful negotiations
an ultimate settlement that increased the price of the contract. The REA sought recovery of added costs due to acceleration, disruption,
the unexpected condition of the delivered aircraft, as well as delay to our client's planned performance.
