Cases

Overview

This case arose out of the construction of a coal-fired power plant owned by our client. The opposing party was hired to design, construct and commission the facility. A boiler overheated when the plant was being commissioned causing significant damage to the plant. Our client sought to recover its losses associated with the repair of the plant and the delays in bringing it online. During a multiple-week arbitration, both parties argued over who was truly responsible for the boiler incident and liable for the tens of millions of dollars in damages.

The Focal Point’s Role

The Focal Point (TFP) worked closely with the trial attorneys and experts to develop materials for opening statement that educated the arbitration panel about the commissioning process and detailed the events leading up to the boiler overheating. Demonstratives used at arbitration included control room play-by-plays and flowcharts demonstrating the interface design flaws that led to the accident. TFP’s involvement spanned the facilitation of early brainstorm sessions with the client through working side-by-side with the trial team in the war room during the arbitration.

Result

The arbitration panel awarded the full damages our client sought.

Court

American Arbitration Association

The Focal Point’s Client

King & SpaldingCraig Ledet
Bill Burns
Ric Toher
Michael Yates

Cases