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KIRKLANDCONSTRUCTION LAW

THE KIRKLAND ADVANTAGEThroughout the years, the Kirkland & Ellis Construction Law Practice Group hassuccessfully litigated and arbitrated disputes involving some of the most high-profile construction projects in the world. These include claims of defectiveengineering for reservoirs, dams and tunnels, disputes over the safe design andconstruction of nuclear plants, and litigating the cause of sports stadium andbuilding collapses. The Construction Law Group practices in state and federalcourts and arbitration forums throughout the United States, as well as in Europe,Asia and the Middle East, including in International Arbitration forums.

Trial ExperienceKirkland’s Construction Law Group brings a unique advantage in high-stakesconstruction and engineering disputes. The Construction Law Group is comprised ofattorneys who are extensively trained to try high-value, complex cases in any forum. Asrecognized by numerous media outlets, Kirkland is the firm of choice by general counselwhen big case litigation is involved. Kirkland brings its trial and advocacy expertise tobear on all construction and engineering disputes it handles, which, as experience hastaught, consistently provides the client with the best result either by judgment orsettlement. This strength is shown by the many attorneys in Kirkland’s Construction LawGroup who have also successfully tried a wide variety of notable cases outside of theconstruction arena to landmark verdicts and judgments.

Broad ExpertiseKirkland provides a unique advantage for construction and engineering companies,given its breadth of practice area expertise. Today many complex domestic andinternational construction disputes require, and will significantly benefit from, relatedpractice group guidance. Kirkland’s expertise in government contracting, insurancecoverage, the Foreign Corrupt Practices Act and other related areas has proven highly beneficial to Construction Law Group clients.

Client CounselingKirkland’s Construction Law Group also devotes a substantial amount of time to contractnegotiation and drafting, project oversight and pre-litigation counseling. BecauseKirkland knows and can anticipate litigation issues, Kirkland has a special advantage inadvising clients on how to avoid potential costly disputes. Importantly, this guidance hasproven valuable for putting clients in the best possible posture in the event of potentiallitigation — often resulting in the settlement of claims before litigation has commenced.

Cost-EfficientKirkland recognizes that success in any type of construction law case depends on the close coordination with and satisfaction of the client’s in house counsel. Whileproviding legal services of preeminent quality, Kirkland pays close attention to costcontrols and cost-effectiveness and is committed to providing clients with realisticbudgets and, where appropriate, alternative fee arrangements.

The pages that follow feature some examples that illustrate the breadth anddepth of Kirkland’s domestic and international Construction Law Practice Group.

Coal Fired Generating PlantArbitrationKirkland represented an internationally knowncontractor in an arbitration regarding theconstruction of two massive supercritical pulverizedcoal fired electric generation units. The caseinvolved multiple complex issues stemming from thebidding for the project, lost labor productivity andunforeseen changes in conditions and schedules. A favorable settlement was obtained for the client.

James N. Nowacki, P.C.James Nowacki, of counsel in commerciallitigation and construction law, is listed inThe Best Lawyers in America: ConstructionLaw/Litigation-Construction, U.S. News andWorld Report, Best Lawyers, 2008-2016.His decades-long practice focuses oncommercial litigation and all manner ofconstruction disputes.

Jeffrey L. Willian, P.C.Jeffrey Willian is a senior litigation partnerwho, as lead trial counsel, has successfullyobtained the largest jury verdict inWisconsin history and the then-largestjudgment in Illinois history. Jeff has advisedon and tried numerous construction andengineering matters to judgment. Clientsappreciate Jeff’s creative and hands-onapproach to resolving their actual andpotential disputes.

Elizabeth S. HessElizabeth Hess is a litigation partner —named an “Illinois Rising Star” by SuperLawyers in 2010-2012 — with broadexperience representing architects, engineersand contractors in major construction cases.She also represents clients in the Firm’sGovernment, Regulatory & InternalInvestigations practice.

Subcontractor Jury Verdict in Federal CourtIn an action by a large welding subcontractor,Kirkland won a federal court jury trial against alarge nuclear plant owner for interference with the subcontractor’s work, entitling thesubcontractor to additional compensation.

Dam Safety System FailureKirkland defended a global engineering firm thatdesigned a dam safety system alleged to havefailed, causing millions of dollars in flood damage.Kirkland won the dismissal of 11 out of 13 cases andfavorably settled the remaining claims.

Stadium RoofCollapseFollowing a collapse of the roofof a newly built sports stadium,Kirkland successfully won a juryverdict on all of its cross claimsfor the architect against the roofengineer. Among other innovativeapproaches, Kirkland showed thejury one of the first animations ofa roof heating system and athree-dimensional finite elementstructural analysis.

There is a depth of experience; the team provides a wide range ofexpertise and has seen and done just about everything.”

—Chambers USA, 2013

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Michael P. Foradas, P.C.Michael Foradas is a senior litigationpartner and a Fellow of the AmericanCollege of Trial Lawyers with broad trialand appellate experience in all aspects ofmajor case litigation, including constructionrelated insurance coverage, particularlyrelating to business interruption claims.

Michael B. SladeMichael Slade is a partner with a broadtrial and appellate practice involving alltypes of complex commercial litigation,including large construction relatedmatters. He has been listed as a risingstar in Illinois Super Lawyers every yearsince 2011 and was recognized in TheLegal 500 U.S. for Product Liability andMass Tort Defense (2012 and 2014) andConsumer Products (2013).

Hariklia Karis, P.C.Hariklia Karis is a litigation partner, whoconcentrates her practice in the areas ofcommercial litigation, insurance andproducts liability, including big caseconstruction law disputes.

Water RetentionStorage Tunnel CollapseA Kirkland team represented acontractor in an insurance claimstemming from a concrete tunnel liningcollapse in a deep tunnel project duringconstruction. The collapse occurredfollowing the contractor’s decision topour the concrete arch first and theinvert last, which the insurer consideredan uninsurable defective constructionprocedure. The claim hinged onconvincing the court that California lawapplied and that there was a basis forcoverage. Kirkland obtained a favorable settlement as jury selectionwas about to begin.

Industrial Storage High RiseKirkland represented the nation’s largest privately-held printing company stemming from a fire caused by thecollapse of a 10-story storage facility. A full recovery was obtained. The team also represented the company inrelated investigations before state and federal regulators in connection with the incident. The work involved amulti-faceted approach: insurance counseling, responses to government agency investigations, dealing withpersonal injury and wrongful death claims and coordinating with subrogation actions.

Refinery Construction DefectsKirkland represented a refinery owner in a breachof contract suit involving the modernization of thecompany’s refinery. After installation at therefinery, the steel fire proofing began prematurelyto degrade, causing the owner to incur millions ofdollars in repair costs. Kirkland successfully settled the case.

They are respectful of their clients’ time and they’re wellorganized. It’s a pleasure to work with the Kirkland people.”

—Chambers USA, 2013

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Robert S. RylandRobert Ryland is a partner with more than 20 years of experience in government-funded projectsincluding government contractlitigation, counseling and defense of enforcement actions in theconstruction industry. For example,he successfully prosecuted high valveclaims for a Fortune 100 contractorbased on changes and delays on theBoston “Big Dig” project.

Nuclear Case LitigationKirkland represented a large public utility company in federal court against contract and tort claims arising fromimproper design of the containment for a nuclear power plant project under construction. The Kirkland teamhandled the summary jury trial and subsequent favorable settlement. The team also helped resolve significantconstruction related claims arising out of the delay, as well as quality assurance problems that createdsubstantial cost overruns. Building on this experience, Kirkland undertook representations of a host of otherutility owners with design and construction related complaints at their nuclear facilities.

Mark FilipMark Filip, a partner in both theChicago and Washington, D.C. offices,leads the Firm’s Government,Regulatory & Internal Investigationsgroup. He counsels a wide-array ofFortune 500 clients on the adequacyof their internal controls andcompliance regimes concerningissues such as the FCPA and relatedanti-bribery laws, OFAC, AML, anddata privacy regimes.

Airport TerminalLitigationKirkland defended a joint venturethat designed a city-ownedinternational airport terminal in ahigh-value claim. The city contendedthat there were flaws in the designand that during the administration of the construction, phase delays andextra costs were incurred because ofinterferences in the HVAC systemsand various architectural andstructural elements. The teamnegotiated a complex settlementbetween the city and the jointventure design partners.

Very experienced practice and very effective in understanding thestrategy for effective and positive resolution from the standpointof the company. They know the terrain, know the courts very welland have an excellent work product.”

—Chambers USA, 2014

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A go-to firm. A class act.”—Chambers USA, 2014“ A litigation powerhouse.”

—Chambers USA, 2014“

Kamran S. BajwaKamran Bajwa is a partner experienced in thelaw of the Middle East from his prior practicethere. He is fluent in Arabic and provides aunique addition to the construction law practice.

Rajinder BassiRajinder Bassi is a partner in the internationallitigation and arbitration group in London,and she is listed as a leading internationalarbitration lawyer in Chambers UK 2015.

Massive Office Building Project CaseKirkland defended a prominent architect and engineering firm against breach of contract claims in connectionwith a massive petroleum company office complex in Doha, Qatar. Counterclaims in the case involved faulty costestimating, MEP design and construction administration. The team’s motions for summary adjudication andhearings led to a successful settlement.

September 11 Worker CasesAs defense liaison counsel, Kirklandplayed a key role in the mass tortlitigation based on claims broughtby workers who performed repair,cleanup and other work to buildingsdamaged in the September 11thterror attacks. Under a federalstatute passed after those attacks,thousands of cases, filed againsthundreds of defendants, wereconsolidated in a single docket inthe federal court, resulting inKirkland defending more than 400 individual claims for onebuilding owner alone.

Ballpark Business Interruption ClaimKirkland represented a major league baseball club in connection with a business interruption insurance claimrelating to a year-long delay in opening its ballpark because of a crane collapse. The team successfully settledthe claims during the investigation stage.

They’re excellent, very competent and extremely responsive. Theirlitigation reputation is tremendous, justifiable and well deserved.”

—Chambers USA, 2014

“Chris ColbridgeChris Colbridge, a litigation and arbitrationpartner in London, leads a deep bench oftalented lawyers that provide critical supportin the international construction law practice.

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EConstruction ContractsKirkland’s Construction Law PracticeGroup has advised on contracts for awide variety of projects, including therecent Panama Canal expansion, theFreedom Tower in New York, the BurjKhalifa Tower in Dubai, the ChicagoTrump Tower, National Materials Bio-refinery Projects in both Indonesiaand the U.S., Airport Support Facilities inPuerto Rico, the Jin Mao Tower inShanghai, the Canary Wharfdevelopment project in London and ahost of others.

Government ContractsThe Government Contracts lawyers at Kirkland provide knowledge andexperience in all aspects of doingbusiness with the government and all phases of the federal procurementprocess. The team has represented awide variety of construction, nationaldefense, manufacturing, health care andprofessional services companies in bidprotest challenges and contract awards,contract performance issues andnegotiation and litigation of contractdisputes involving government claims,teaming agreements and subcontracts.Areas of expertise include a widespectrum of federal regulations, buyAmerican/domestic preference laws,trade restrictions and export controllaws, anti-bribery laws, ethicalrestrictions, government audits andresponses to federal subpoenas andInspector General reviews.

FCPAThe Foreign Corrupt Practices Act(FCPA) practice at Kirkland counselsclients regarding the various restrictionsimposed by the FCPA on U.S. citizens,companies and issuers, including theiraffiliates and subsidiaries, in connectionwith their business activities outside theUnited States, and represents clients inrelated government enforcement actions.Kirkland has one of the largest FCPAteams in the world, and it includes thelargest Asia-based team of any U.S. lawfirm. Kirkland’s highly ranked FCPAlawyers lend their expertise to theConstruction Law Practice Group,offering first rate claims defense, internalinvestigations, due diligence review,counseling and compliance work.

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Pursuant to applicable rules of professional conduct, this communication may constitute Attorney Advertising. Prior results do not guarantee a similar outcome. © 2015 Kirkland & Ellis LLP. All rights reserved.

ACCOLADESBest Lawyers in America: Construction— U.S. News Media Group and Best Lawyers, 2015

Recognized for “outstanding service” in Construction Litigation— The Legal 500, 2014

The Fearsome Foursome: The Most-feared Firms in Litigation— Litigation Outlook, BTI, 2014

Most-decorated Firms— Litigation Power Rankings, The American Lawyer, 2014

General Commercial Firm of the Year— Benchmark Litigation, 2014

Best Firms: Dispute Resolution— Chambers UK, 2014

Named a FCPA Powerhouse— Law360, 2013

Top Honors FCPA Trailblazers— Best FCPA Lawyers Client Service Awards, Main Justice, 2013