Engineering & Construction Litigation

Our Engineering & Construction Litigation Practice Group brings a unique advantage in high-stakes construction and engineering disputes. We are comprised of attorneys who are extensively trained to try high-value, complex cases in any forum. As recognized by numerous media outlets, we are the firm of choice by general counsel when big case litigation is involved. We bring our trial and advocacy prowess to bear on all construction and engineering disputes we handle. That trial-ready approach has proven consistently to provide our clients with the best results, whether by judgment or settlement. This strength is shown by the many attorneys in our group who have also successfully tried a wide variety of notable cases outside of the construction arena to landmark verdicts and judgments.

We provide a unique advantage for construction and engineering companies, given our breadth of practice area experience. Today, many complex domestic and international construction disputes require, and will significantly benefit from, related practice group guidance. Our capabilities in government contracting, insurance coverage, the Foreign Corrupt Practices Act and other related areas have proven highly beneficial to clients.

We devote a substantial amount of time to contract negotiation and drafting, project oversight and pre-litigation counseling. Because we know and can anticipate litigation issues, we have a special advantage in advising clients on how to avoid potential costly disputes. Importantly, this guidance has proven valuable for putting clients in the best possible posture in the event of potential litigation — often preventing the filing of any lawsuits, or resulting in the favorable settlement of claims before litigation has commenced.

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.