Utilities / Infrastructure

  • Represent drinking water utilities regarding the protection of source water quality and counsel on compliance with the Safe Drinking Water Act and water supply contracts.
  • Counseled an investor-owned utility and regional generation cooperative on the largest bankruptcy of a coal supplier in the country, Horizon Natural Resources, and its pre-petition and post-petition failures to perform various coal supply agreements with those utilities. 
  • Negotiate and draft construction management contract for water treatment facility.
  • Obtained a summary judgment against an owner's $1 million defect claim on a sewer line project and successfully defended the summary judgment at the Court of Appeals.
  • Negotiated a successful resolution of a multi-million dollar dispute with a drilling contractor and its surety regarding the failure of the contractor to complete the installation of a gas pipeline under the Spring River in Iowa, in order for the client to achieve timely start up with a gas supplier.
  • Represented Kroger Co. in the 2004 statewide rate case of Louisville Gas & Electric Co. and Kentucky Utilities Co.
  • Counseled on warranty and guarantee issues relating to the purchase of power generation equipment by an electric utility.
  • Supported negotiations for a steam purchase agreement between a steam host and an independent power producer.
  • Oversaw a series of infringement actions to enforce a patent for a British company in the field of gas/water pipelines.
  • Our state and local tax attorneys routinely represent different types of utilities regarding various types of tax, including protests of Kentucky's Public Service Company property tax assessments of local and multi-state utilities and challenges to the Kentucky Department of Revenue's interpretation and application of the Gross Revenues Tax applied to Communications and Multi-Channel Video Programming Service Providers.
  • Multiple engagements related to construction of power generating facilities.
  • Assisted American Society of Civil Engineers in preparation of Kentucky Infrastructure Report Card.
  • Represented subcontractor in claim before the Armed Services Board of Contract Appeals involving "as equal" provision of temperature control devices on government property.
  • Represented contractor on an "as equal" claim against the Army Corps of Engineers involving underwater re-oxygenation system and flotation of same behind the Russell Dam in eastern Georgia.