- Led multidisciplinary team that designed and managed the procurement and drafted and negotiated the contract documents for Massachusetts’ first ever highway design-build project, a $350 million highway reconstruction. After the contractor’s economic collapse placed project completion in jeopardy, Foley Hoag marshaled a team of experts to step in and bring the project to a successful completion, including a mediation that resolved contractor’s $100 million claim on favorable terms.
- On behalf of a U.S. airline carrier, we negotiated with an airport owner and regulatory agencies to secure environmental approvals and clear the path to develop a major new terminal. When the terminal’s new air handling system brought snow and rain into the baggage handling area, we negotiated a successful settlement, recovering millions of dollars avoiding the costs of formal legal proceedings or mediation.
- Advised the South African Government on project financing of the N3 toll road project from Johannesburg to Durban (“African Project Finance Deal of the Year”) and advised both the South African Government and the Mozambique Government with respect to project financing of the Maputo Development Corridor Toll Highway Project, the first limited recourse project financing in South Africa.
- Represented a Brazilian energy company in ICC and U.S. litigation proceedings against an EPC contractor relating to the failure of an out-of-warranty steam turbine generator. We helped the client avoid hundreds of millions of dollars in regulatory penalties and secured a favorable settlement on the eve of the merits hearing.
- Advised the Government of Mozambique on the Cahora Bassa Hydroelectric Project, including negotiations with the Government of Portugal on debt refinancing and restructuring of the project company, and power purchase negotiations with Eskom, the South African electric utility.
- Defended the generating subsidiary of a U.S. electric company from a subcontractor’s $10 million overruns and delay claim – as well as from millions of dollars in lien claims brought by other subcontractors and suppliers – relating to the installation of dry scrubbers to reduce emissions at a coal-burning power plant. We defeated the subcontractor delay and overrun claims at trial and won a court ruling that led to favorable settlement of all claims with the prime contractor.
- Represented two EPC developers and contractors in disputes relating to multiple solar projects in the Northeastern and Southwestern U.S., securing dismissal of all claims against the Portuguese parent company and settlement of all claims against the U.S. subsidiary.
Academic and Cultural Centers
- When the opening of Boston’s first new art museum in nearly a century was placed in jeopardy by the contractor’s insolvency, we helped the museum regain control over the project schedule and persuaded the contractor’s surety to fund completion activities long before the performance bond was called. After the museum’s triumphant opening, we went on to resolve millions of dollars of claims relating to the project’s innovative design and the contractor’s workmanship.
- On behalf of a private university in the U.S., we negotiated with local, state and federal officials to secure the approvals needed to construct a controversial, high-containment urban laboratory. When the failure of a key mechanical system threatened to cause years of litigation and delay the project’s opening, we brokered an early, favorable settlement involving multiple contractors, suppliers, design professionals and insurers.
- Advised a U.S. State’s water resources authority on multiple matters relating to a $3.8 billion water treatment project, including contractor claims for additional payment and the federal government’s attempt to require the authority to construct additional facilities. We repeatedly helped secure favorable outcomes for the project’s owner, both through trial and settlement negotiations.
- Advised three arrangers and underwriters, including the Development Bank of Southern Africa, with respect to the project financing of the water and sanitation services of a municipality in Southern Africa.
- Advised the Province of KwaZulu Natal in its public-private partnership project for the equipping, maintenance, and operation of Durban’s new Central Hospital.
- Counseled a telecommunications company in securing rights to install a fiber optics network beneath an urban U.S. harbor. After the directional drilling contractor brought a multi-million dollar arbitration claim for alleged differing site conditions, we successfully moved the arbitration panel to dismiss the claim before an evidentiary hearing.
- Represented a Malaysian conglomerate in a multi-million dollar dispute relating to the refurbishment of an oil drilling rig. The dispute settled favorably after the initiation of arbitration proceedings and expert discovery.
We defend owners from cost overruns and delay claims, and bring claims relating to design and construction issues, across the spectrum of formal and informal dispute resolution mechanisms. We have represented clients before dispute resolution boards, United States courts, international arbitration panels, administrative bodies and mediators.
- One of our partners represented a European company against a North African country in an arbitration regarding the construction of submarine equipment for the development of a gas deposit.
- Represented a French construction company in an arbitration against an African state-owned entity in an ad hoc proceeding in another African country regarding the construction of an access road for a dam construction site.
- Represented a consortium of American, Canadian, German and Japanese companies in ICC proceedings against the Islamic Republic of Iran regarding claims arising out of the construction of a nationwide telecommunications system.
- Represented a European/Latin American construction consortium in a Spanish language ICC arbitration in Bolivia related to the construction of a water transfer tunnel.
- Represented a Japanese trading company in an ICC arbitration brought by a Turkish construction company related to the construction of a hydroelectric facility in Turkey.