Engineering & Construction Litigation
Related ProfessionalsOverview
If Kirkland is involved, it goes without saying that the clients are sophisticated and the stakes high. - The Legal 500 United States, 2021
Throughout the years, the Engineering & Construction Litigation Practice Group has successfully litigated and arbitrated disputes involving some of the most high-profile construction projects in the world. These include claims of defective engineering for reservoirs, dams and tunnels, disputes over the safe design and construction of nuclear plants, and litigating the cause of sports stadium and building collapses. We practice in state and federal courts and arbitration forums throughout the United States, as well as in Europe, Asia and the Middle East, including in international arbitration forums.
Experience
Trial Experience
Broad Experience
Client Counseling
Representative Matters
Fertilizer Manufacturing Plant Arbitration
Represented one of the largest fertilizer manufacturers in prosecuting multiple design, engineering, and construction claims arising from the company’s $1 billion plus cost overrun on multiple manufacturing facilities. The case involved alleged massive time delays, erroneous engineering drawings, and improper field scheduling and supervision. Favorable settlements obtained for the client.
Tailings Dam Failure
Represented a large international mining company in connection with the collapse of its tailings dam. The collapse resulted in multiple deaths and the largest environmental disaster in Brazilian history. Kirkland also advised on engineering, construction, environmental remediation, and cause issues related to this matter.
Industrial Storage High Rise
Represented the nation’s largest privately-held printing company stemming from a fire caused by the collapse of a 10-story storage facility. A full recovery was obtained. The team also represented the company in related investigations before state and federal regulators in connection with the incident. The work involved a multi-faceted approach: insurance counseling, responses to government agency investigations, dealing with personal injury and wrongful death claims, and coordinating with subrogation actions.
Nuclear Case Litigation
Represented a large public utility company in federal court against contract and tort claims arising from improper design of the containment for a nuclear power plant project under construction. The Kirkland team handled the summary jury trial and subsequent favorable settlement. The team also helped resolve significant construction related claims arising out of the delay, as well as quality assurance problems that created substantial cost overruns. Building on this experience, Kirkland undertook representations of a host of other utility owners with design and construction related complaints at their nuclear facilities.
Airport Terminal Litigation
Defended a joint venture that designed a city-owned international airport terminal in a high value claim. The city contended that there were design flaws and that during construction, phase delays and extra costs were incurred because of interferences in the HVAC systems and various architectural and structural elements. The team negotiated a complex settlement between the city and the joint venture design partners.