Construction & Engineering

Shipley Snell lawyers handle some of the most complex and difficult construction, engineering, and development matters.  Construction disputes, although they present many unique legal issues, occur in projects in nearly every industry. In bringing disputes to effective resolution, Shipley Snell’s lawyers draw upon deep industry knowledge, particularly related to industries such as:

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  • Energy
  • Refining
  • Pipelines
  • Power production
  • Petrochemicals
  • Public buildings
  • Infrastructure
  • Engineered buildings
  • Healthcare
  • Environmental
  • Project finance

Among the construction-specific issues with which we have assisted clients are:

  • Contract disputes
  • Defect claims
  • Change order and scope claims
  • Geological and site conditions
  • Performance and warranty disputes
  • Defaults and termination
  • Surety claims
  • Payment issues
  • Environmental
  • Defective design
  • Time and liquidated damage issues
  • Lien and bond claims
  • Jobsite injuries
  • OSHA compliance issues
  • Insurance coverage
  • Risk management
  • Non-compete and employee issues
  • Governmental regulation and compliance issues
  • Bid disputes
  • Subcontractor and independent contractor issues
  • Delay claims
  • Acceleration claims

Representative Engagements

Selected engagements include:

  • Represented general contractor against insurance coverage claims brought by builder’s risk insurer after Hurricane Ike.
  • Represented a Finnish contractor in ICC arbitration over the construction of a power plant in Guatemala, including recovery of $16 million and confirmation of the award in U.S. federal courts. Wärtsilä Finland Oy v. Duke Energy Int’l Guat. y CIA, S.C.A., 518 F.3d 287 (5th Cir. 2008).
  • Represented a private equity firm specializing in buyout investments in the energy sector in successfully resolving a series of disputes against an Engineering, Procurement, and Construction contractor regarding the redevelopment of electric generation facilities in south Texas.
  • Represented the Canadian subsidiary of one of the largest manufacturers and marketers of custom metal building systems in multiple complex construction disputes in Canada, Illinois, and U.S. District Court for the District of Kansas.
  • Represented an international joint venture operator of a refinery in multiple ICDR “baseball” arbitrations involving general and subcontractors on a turbo expander project.
  • Represented a European energy contractor in multiple ICC arbitrations over the construction of power plants in Guatemala and the Dominican Republic.
  • Represented developer of Texas coastal lands in claims against other potential interest holders.
  • Defended a Texas-based ranch and landowner in a week-long trial and received a jury verdict of “no negligence” in a premises liability case.
  • Defended an international refinery owner/operator in a suit involving the claims of a construction worker for personal injuries that allegedly occurred when a safety line snapped.
  • Represented a global asset management firm in construction defect claims against the original developer of a mixed-use facility.