Chad Theriot is a partner in the firm's Atlanta office and focuses on major public and private capital improvement projects. Mr. Theriot is an experienced disputes lawyer who has represented a range of construction and engineering industry clients within the United States and internationally. He represents owners, contractors and original equipment manufacturers in resolving disputes over the construction and operation of infrastructure assets.
Prior to law school, Mr. Theriot worked as a claims consultant on both commercial and government contracts involving project schedule delivery, strategic planning and scheduling issues, schedule risks, planning strategy and retrospective delay analysis. His appointments included various tasks, such as the preparation and review of claims for delay, disruption, acceleration and quantifying interruption impacts.
Most recently, Mr. Theriot has represented an MEP contractor regarding the construction of a large power generation facility, successfully resolving a claim involving delay, acceleration and improper termination. He has also successfully represented another international contractor involving a claim for delay, disruption, acceleration and termination for default associated with an MEP contractor's work. Mr. Theriot devotes 100 percent of his practice to construction litigation and construction claims avoidance. He has represented and advised both international and domestic owners, contractors, construction managers, designers and OEMs in the construction and design of coal-fired power plants, hospitals, universities, interstates/roads, military bases, a variety of design-build and EPC projects, as well as environmental remediation and closure projects, and aircraft and locomotive maintenance contracts.
Mr. Theriot has been named a "Rising Star" for Construction Litigation and Construction Surety by SuperLawyers magazine every year since 2005.
Professional & Community Activities
American Bar Association, Member of Section of International Law, Section of Public Contract Law, and Past Member of the Forum Committee on the Construction Industry
International Bar Association, Member
Safe Care Campaign, Board Member
Society of Construction Law, Member
Tulane Arbitration Institute, Certified in both International and Domestic Arbitration
Tulane Law School, Certificate of Specialization in Civil Law
World of Arbitration and Mediation Report, Contributing Author
Industries
Construction & Infrastructure; Water & Wastewater; Health Care
Experience
Contract dispute for mechanical subcontractor specializing in industrial piping fabrication and erection, Represent a mechanical subcontractor specializing in industrial piping fabrication and erection against a multinational General Works Contractor (GWC) and a global upstream Engineer-Procure-Construct (EPC) contractor on claims for changed work, acceleration and wrongful termination of contract arising from the construction of a $1.2 billion, 790 MW coal-fired unit within an existing power plant. Successfully obtained a declaration from the arbitration panel in this case that the mechanical subcontractor's purported termination for default was improper and without cause. Defeated all $55 million worth of counterclaims asserted by the GWC and EPC contractors against the mechanical subcontractor in the arbitration. Obtained an award against the general and EPC contractors in an amount equaling 95 percent of the mechanical subcontractor's damages sought in the arbitration, plus amounts for pre-award interest, attorneys' fees, costs and expenses. Judicial confirmation of arbitration award pending.
Counsel regarding construction and design for a regional medical center, Represented a hospital owner regarding mechanical, electrical and piping issues on the construction and design of its $184 million expansion of cardiac facilities to an existing, operating hospital.
Private contract dispute arising out of a government contract for a marine repair and conversion company, Represent a marine repair and conversion contractor in disputes arising from a contract for the conversion of a fleet of U.S. Coast Guard cutters. Obtained recovery in arbitration of more than $8 million on arbitrable claims. As a part of its arbitration award, the firm recovered more than $1.4 million in attorneys' fees for the contractor, while defeating counterclaims in excess of $1 million. Remaining disputes are in litigation in Federal Court.
Construction litigation for international EPC contractor and original equipment manufacturer, The firm served as lead counsel to an international EPC contractor/OEM in multiparty disputes arising out of the construction of an $800 million coal-fired power generation facility. All disputes were ultimately settled through two separate structured settlement processes - one for disputes among the employer, the client and the client's consortium partner; and the other for disputes between the client and its subcontractors.
MACTEC, Inc. v. Bechtel Jacobs Company, LLC, Represented MACTEC, Inc., an environmental remediation design/build contractor, in a dispute against Bechtel Jacobs Company (BJC) concerning a remediation system on a site used in the production of nuclear armaments in Oak Ridge, Tennessee. MACTEC asserted claims against BJC as the Management & Integration (M&I) contractor, and BJC counterclaimed for money it spent supposedly correcting MACTEC's alleged defective work. After a two-week bench trial in the U.S. District Court, the judge issued 174 pages of findings and conclusions and held that BJC breached the contract and acted in bad faith. The court awarded our client, MACTEC, a large sum for damages, including interest and attorneys' fees. The court also rejected BJC's entire counterclaim. On appeal, BJC challenged the trial court's judgment on many fronts, including the testimony of MACTEC's expert witness at the trial. The 6th Circuit rejected BJC's arguments, in their entirety, and affirmed the trial court's judgment.
Mactec, Inc. v. Bechtel Jacobs Co., 346 F. App'x 59 (6th Cir. 2009).
Construction litigation for pipeline contractor, Represents a pipeline contractor in Texas state court against one of the largest pipeline owners in the United States arising out of a 135-mile pipeline crossing Louisiana. The pipeline owner is claiming damages against our client in excess of $45 million, plus attorneys' fees, costs, and interest. Our client is asserting a counterclaim against the pipeline owner in excess of $51 million, plus attorneys' fees, costs, and interest. The parties are engaged in extensive discovery.
Defective cold storage warehouse construction, Represented an owner of a cold storage warehouse regarding a defective installation of a potassium lactate, wet pipe fire suppression system installed by the construction manager. Successfully, resolved dispute in mediation.
Hospital construction dispute, Represented a general contractor on the construction of a multimillion dollar VABCA hospital. The disputes involved claims of delay, acceleration, and disruption as well as additional time as a result of the owner caused delay. The owner of the hospital sought liquidated damages and costs associated with alleged defective construction. The disputes were successfully resolved in an alternative disputes forum.
Counsel regarding construction and design of a university, Represented international construction manager regarding alleged construction and design defects on the multimillion dollar expansion of a university. The owner alleged various mechanical systems were improperly installed and designed by our client. The matter was successfully resolved in an alternative disputes forum.
International parental abduction, Represented an Argentine father who sought the return of his minor child to Argentina. The father did not consent or acquiesce to his child's removal from Argentina to the United States; although the father executed an authorization for the child to travel abroad, such authorization did not extend to the child residing abroad. The child's mother had wrongfully removed her from Argentina in violation of court orders and had hidden her from her father for two years. The court ordered the return of the child to Argentina in furtherance of the aims of the Hague Convention. This case is often cited in the field of child abduction cases under the Hague convention.
Request for equitable adjustment (REA) for an international aerospace manufacturer, Represented an international aerospace products and defense parts manufacturer regarding disputes arising from the performance of a maintenance contract for the U.S. Navy's aircraft. Developed a request for equitable adjustment (REA) that was submitted to the Navy resulting in successful negotiations and an ultimate settlement that increased the price of the contract. The REA sought recovery of added costs due to acceleration, disruption, and the unexpected condition of the delivered aircraft, as well as delay to our client's planned performance.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
01 October 2008, Comprehensive Litigation Training Manual
Source: National Center for Missing and Exploited Children, Articles
01 January 2007, Litigating International Child Abduction Cases Under the Hague Convention
Source: National Center for Missing and Exploited Children, Books
15 July 2003, Update on Proving and Pricing Inefficiency Claims
Source: The Construction Lawyer, Articles
News
11 May 2012, Kilpatrick Townsend and National Center for Missing & Exploited Children Create 2nd Edition of Comprehensive Legal Manual for Litigating International Child Abduction Cases Under the Hague Convention, News Releases
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases
04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases
24 August 2009, Kilpatrick Stockton Elects New Partners, News Releases
02 March 2009, Kilpatrick Stockton Attorneys Named 2009 Georgia "Rising Stars" by Georgia Super Lawyers, News Releases