Foley Hoag’s Infrastructure and Construction Group helps private and public owners plan, finance and successfully complete large-scale, high-profile projects around the world. Whether negotiating financing and construction agreements, securing environmental approvals, or resolving claims, we can help get your projects moving and keep them on track.
Our clients include sovereign nations, U.S. State transportation and port authorities, publicly- and privately-owned power companies, municipal redevelopment agencies, universities and museums. The projects and matters we handle include:
- Power generation plants
- Transportation projects, including highway, toll road, rail, and airport construction
- Water treatment plants
- Hospitals
- Academic and cultural centers
- Marine projects
- Industrial development
- Residential and mixed use development
- Claims resolution, including Dispute Resolution Boards, International and U.S. Arbitration, Mediation and Litigation
Whatever your interest in construction and infrastructure, we can help you define your objectives, avoid obstacles and achieve results.
Power Generation
- One of our partners advised the Government of Mozambique on the Cahora Bassa Hydroelectric Project, including negotiations with the Government of Portugal on debt refinancing and restructuring of the project company, and power purchase negotiations with Eskom, the South African electric utility.
- We defended the generating subsidiary of a U.S. electric company from a subcontractor’s $10 million overruns and delay claim – as well as from millions of dollars in lien claims brought by other subcontractors and suppliers – relating to the installation of dry scrubbers to reduce emissions at a coal-burning power plant.
Transportation
- On behalf of a U.S. airline carrier, we negotiated with an airport owner and regulatory agencies to secure environmental approvals and clear the path to develop a major new terminal. When the terminal’s new air handling system brought snow and rain into the baggage handling area, we negotiated an early settlement with the responsible design firm, recovering millions of dollars without any formal legal proceedings or mediation.
- One of our partners advised the South African Government with respect to the project financing of the N3 toll road project from Johannesburg to Durban (“African Project Finance Deal of the Year”) and advised both the South African Government and the Mozambique Government with respect to project financing of the Maputo Development Corridor Toll Highway Project, the first limited recourse project financing in South Africa.
- We led the team that drafted the legislation and contract documents for Massachusetts’ first ever public design-build project, a $350 million highway upgrade. After the contractor’s economic collapse placed project completion in jeopardy, Foley Hoag marshaled a team of experts to help bring the project to a close and, through mediation, resolved the contractor’s $100 million claim for pennies on the dollar.
Water Treatment
- Foley Hoag has advised a U.S. State’s water resources authority on multiple matters relating to a $3.8 billion water treatment project, including contractor claims for additional payment and the federal government’s attempt to require the authority to construct additional facilities. We repeatedly helped secure favorable outcomes for the project’s owner, both through trial and settlement negotiations.
- One of our partners advised three arrangers and underwriters, including the Development Bank of Southern Africa, with respect to the project financing of the water and sanitation services of a municipality in Southern Africa.
Hospitals
- One of our partners advised the Province of KwaZulu Natal in its public-private partnership project for the equipping, maintenance, and operation of Durban’s new Central Hospital.
Academic and Cultural Centers
- When the opening of Boston’s first new art museum in nearly a century was placed in jeopardy by the contractor’s insolvency, we helped the museum regain control over the project schedule and persuaded the contractor’s surety to fund completion activities long before the performance bond was called. After the museum’s triumphant opening, we went on to resolve millions of dollars of claims relating to the project’s innovative design and the contractor’s workmanship.
- We represented a private university in the United States in connection with the construction of a high-containment urban laboratory. When the failure of a mechanical system before project completion threatened to delay the lab’s opening and cause years of litigation, we brokered an early, favorable settlement involving multiple contractors, suppliers, design professionals and insurers.
- On behalf of a private university in the U.S., we negotiated with local, state and federal officials to secure the approvals needed to construct a controversial, high-containment urban laboratory. When the failure of a key mechanical system threatened to cause years of litigation and delay the project’s opening, we brokered an early, favorable settlement involving multiple contractors, suppliers, design professionals and insurers.
Marine projects
- We helped a telecommunications company secure rights to install a fiber optics network beneath an urban U.S. harbor. After the directional drilling contractor brought a multi-million dollar arbitration claim for alleged differing site conditions, we successfully moved the arbitration panel to dismiss the claim before an evidentiary hearing.
- We represented a Malaysian conglomerate in a multi-million dollar dispute relating to the refurbishment of an oil drilling rig. The dispute settled favorably after the initiation of arbitration proceedings and expert discovery.
Industrial and commercial development
- We represented a leading software company in a lawsuit relating to the faulty performance of a newly-installed HVAC system at its corporate headquarters. The case resolved successfully through mediation, including with negotiation of a favorable new maintenance contract.
- We represented a paper recycling company in a series of disputes relating to its refurbishment of a paper mill, including contractor overrun claims and a dispute with the Italian manufacturer of failed equipment.
Residential and mixed use development
- After successfully defending a public housing finance authority from a contractor’s design-related claims in arbitration, Foley Hoag brought a winning summary judgment motion against the project’s designer to enforce a contractual indemnification clause and recoup the lion’s share of the authority’s defense costs.
- We are advising a U.S. municipality, in partnership with a private developer and multiple governmental agencies, on the development of a “transit-oriented district.” This new development will combine mixed-use residential and commercial buildings, as well as roadway and rail improvements. Foley Hoag has been advising the project on eminent domain issues, environmental approvals, endangered species issues and project financing.
Claims Resolution
We defend owners from cost overruns and delay claims, and bring claims relating to design and construction issues, across the spectrum of formal and informal dispute resolution mechanisms. We have represented clients before dispute resolution boards, United States courts, international arbitration panels, administrative bodies and mediators.
- One of our partners represented a European company against a North African country in an arbitration regarding the construction of submarine equipment for the development of a gas deposit.
- On behalf of a State transportation agency, we successfully resolved a highway construction contractor’s $100 million claim through a multi-party mediation involving multiple mediators.
- We are representing a Brazilian energy generator in an ICC arbitration and ancillary U.S. litigation relating to the failure of a steam turbine generator that caused over $30 million in direct damages.
- One of our partners represented a French construction company in an arbitration against an African state-owned entity in an ad hoc proceeding in another African country regarding the construction of an access road for a dam construction site.
- One of our lawyers represented a consortium of American, Canadian, German and Japanese companies in ICC proceedings against the Islamic Republic of Iran regarding claims arising out of the construction of a nationwide telecommunications system.
- We represented a European/Latin American construction consortium in a Spanish language ICC arbitration in Bolivia related to the construction of a water transfer tunnel.
- One of our partners represented a Japanese trading company in an ICC arbitration brought by a Turkish construction company related to the construction of a hydroelectric facility in Turkey.
