The challenges of implementing large, complex infrastructure projects do not end when the agreement is signed. Public sector entities frequently must contend with robust contract administration demands that can stretch their internal capacity to adequately enforce the terms of the agreement. New and complicated dispute resolution procedures require active management and strategy to be an integral part of project implementation. We view the effective use of construction dispute resolution procedures as tools for clients to achieve their project objectives, while still recognizing the importance to public sector entities of maintaining strong long-term relationships with private sector partners. Where built-in contractual dispute resolution mechanisms prove insufficient, our strategic approach to litigation is tailored not just to win cases, but to win in a way that puts the client’s project goals first.
Representative Experience
Advised state department of transportation on construction works, relief event/delay claims, contract interpretation, and contract close-out disputes for revenue risk concession and availability payment-based DBFOM highway projects.
Advised private P3 developer on contract administration and interpretation issues related to an ongoing DBFOM modernization project for a major U.S. airport.
Represented major transit agency on contractual claims related to commuter rail project.
Represent local government in administrative court proceeding regarding disputed permitting disputes.
Negotiated settlement agreement for large Colorado industrial customer with utility regarding adequacy of electric service and damages.
Litigated with airport tenant in Naples, FL, for eviction and violations of lease and permits.
Successfully represented airport in administrative challenge to bid award by low bidder rejected for failure to satisfy MBE/WBE requirements.