Transactions

Transactions

Construction & Public Contracts

Overview

Construction industry contracts are distinct from typical commercial agreements. When negotiating, drafting, and documenting construction-related transactions, it’s vital for your attorney to have an in-depth understanding of the different standards, terms, and procedures involved. We anticipate and account for contingencies critical to properly safeguarding your interests and have built a national reputation by mastering these details.

Successful work starts with smarter contracts.

Our team is armed with an understanding of historical standards and customs, along with a continually updated knowledge of today’s best practices. We are active members of national and international construction communities and professional associations, regularly advising and helping to shape the legal processes that support the construction and building trades. This insight results in contracts and transactions that give our clients the utmost confidence in our ability to protect their long-term interests.

We negotiate and draft hundreds of construction-specific contracts, guaranties, indemnities, bonds, transactions, and contracts. Our lawyers are familiar with the risks and benefits of every delivery method:

  • General contracting and construction
  • Design-bid-build
  • Construction management
  • Construction management at-risk
  • Design-build
  • EPC
  • Turn-key
  • BOOT
  • Integrated project delivery
  • Public-private partnerships
  • Design assist

Claim, CounterClaim for Damages In Excess of $4Mfor PPL SavageALERT

We were retained by PPL SavageALERT, Inc., to pursue a breach of contract claim against ASML US, Inc. for non-payment under a design/build contract for a natural gas combined heat and power system. After PPL initiated arbitration before the AAA, ASML counterclaimed for breach of contract, breach of warranty and rescission, and sought damages in excess of $4M.

ASML’s counterclaims were premised on the contentions that the system failed to perform at an allegedly agreed-upon availability factor of 95% and that it experienced unanticipated transformer and bearing malfunctions due to manufacturing defects. During a week-long arbitration, Hinckley Allen focused on establishing for the arbitrator that no such availability warranty had been made and that the malfunctions experienced by ASML were caused by its own negligence and circumstances beyond PPL’s control. Following the completion of the arbitration, the arbitrator rendered a well-reasoned decision dismissing ASML’s counterclaims in total and awarding PPL its entire contract balance, plus interest.

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