Kiewit recovers more than $350 million and defeats more than $1 billion in counterclaims in ICC arbitration with LNG developer
Client(s) Kiewit Louisiana Co.
Jones Day represented a Kiewit affiliate in a dispute arising out of Kiewit's role as the Engineering Procurement and Construction (EPC) contractor of a multi-billion dollar LNG liquefaction facility located on the Gulf Coast, with issues ranging from project schedule delays, to differing site condition claims, to mismanagement claims, to cost disputes, including the propriety of withholdings of hundreds of millions of dollars by the developer on the cost reimbursable component of the project. Jones Day recovered more than $350 million for the contractor and defeated more than $1 billion in counterclaims asserted by the developer. In a related proceeding, the developer filed a Friday night petition in the New York State Supreme Court seeking an emergency injunction against Kiewit asserting that Kiewit had improperly shared confidential information about the project with one of the developer's customers embroiled in a separate arbitration against the developer and seeking to block a Kiewit witness from testifying in the customer arbitration. Following the Jones Day team's robust opposition demonstrating that much of the alleged confidential material was in the public domain and the confidentiality provision allowed for disclosure under the circumstances, the developer quickly settled on favorable terms that did not preclude Kiewit's witness from testifying in the customer's arbitration against the developer.
