Sir Adam Beck Additional Diversion Project Niagara Tunnel Facility
The project required the underground excavation in rock of a 10.4 km water diversion tunnel in Niagara Falls, Canada. The tunnel boring machine (“TBM”) used on the project was, at the time, the largest diameter (47.2 ft.) hard rock TBM in the world. The contractor encountered extensive and impactful differing site conditions early in construction and hired Watt Tieder to represent them in preparing and presenting their claim to the Contract’s Disputes Review Board.
The Dispute Resolution Board (DRB) recommended that the Owner, Ontario Power Generation (“OPG”), recognize the existence of the claimed differing site conditions and issue an equitable adjustment to the contractor. Because the project was not yet 50% complete and the differing site conditions were so pervasive, Watt Tieder convinced the parties to abandon their fixed price contract in favor of a newly negotiated “Target Cost and Target Schedule” Contract with incentives and disincentives. The new “Target Cost” was more than twice the amount of the original fixed price contract. The Project was successfully completed within the negotiated targets and received the “Canadian Project of the Year” award for 2013.
A.F. Construction Company and Fireman's Fund Insurance Company
In an arbitration against Clark County related to the construction of a $123 million Las Vegas, Nevada courthouse, our clients were awarded $52.7 million. Although the project was delayed four years, the arbitration panel agreed that the County was not entitled to recover for a single day of delay on the project.
Stone & Webster Asia, Inc. (SWAI)
Watt Tieder represented SWAI in arbitration proceedings against the Taiwan Power Company regarding construction of one of the first Greenfield Nuclear Power Plants. The arbitration was before the Republic of China Arbitration Association in Taipei, Taiwan, instead of before an international body, as is the norm. Watt Tieder faced the challenges of arbitration under a foreign civil code legal system and translating extensive testimony from Mandarin to English. Ultimately, SWAI was awarded $23.7 million and $3.1 million in fees and costs.
Hensel Phelps Construction Company
Hensel Phelps contracted with the owner to renovate the iconic Eden Roc Hotel located in Miami Beach and build an adjacent 22 story addition. The owner developed financial problems and was unable to pay the monthly amounts earned. Hensel Phelps continued working, hoping that when the owner could get “heads on beds” and started earning revenue, the owner would pay. Instead, the owner, after occupancy occurred, claimed late completion and defective construction. After extensive litigation that exposed the lack of legitimacy of the owner’s claims, a mediated confidential settlement was reached that both totally vindicated and paid Hensel Phelps.
St. Paul Fire & Marine Insurance Company (St. Paul)
When St. Paul was named in a bad faith and destruction of business case by a subcontractor on a power plant project in Puerto Rico, Watt Tieder stepped in to represent the surety. Despite the subcontractor's suit against St. Paul for damages in excess of $60 million, the subcontractor lost the case on a summary judgment motion and collected nothing on its claim. St. Paul was awarded more than $4 million on its indemnity claim and all of its attorneys' fees.
Barnard Construction Company, Inc.
Barnard contracted with Tampa Bay Water Authority to build a reservoir. The reservoir had a 5 billion gallon capacity and a 5 mile perimeter. After the reservoir was put into service, the interior soil cement surface of the reservoir exhibited many large, deep cracks. The owner filed suit against Barnard alleging defective construction and claiming $200 million in damages. Barnard obtained summary judgment and was dismissed from the case.
Dillingham-Ray Wilson Co. JV
On the eve of trial, Watt Tieder was hired as co-counsel to represent Dillingham-Ray Wilson Co. JV, a general contractor, in a breach of contract action against the City of Los Angeles related to expansion of the Hyperion Wastewater Treatment Plant, the largest facility of its kind in Los Angeles. Watt Tieder successfully helped obtain a favorable jury verdict for the client in excess of $35 million.
2021 L Street Investors
Watt Tieder represented a private investor group in the acquisition of 2021 L Street N.W. in Washington, DC, from the NFL Players Association. Watt Tieder attorneys negotiated and closed the sale along with a $26 million construction loan to expand the building through the addition of two floors. Watt Tieder settled the $50.9 million resale of the building in October 2008 to the American Society of Hematology for use as its national headquarters.