- Representation of Transdyn Controls. Our qualified scored a victory for our client Transdyn Controls in a suit against the City and County of San Francisco. Transdyn and its joint venture partner, Cresci Electric, Inc., were awarded a $10.6 million contract by the San Francisco Public Utilities Commission for the design and installation of a system to monitor the quality and flow of the Bay Area’s water supply. Not long after our client received the award, a third party threatened a lawsuit challenging San Francisco’s minority subcontracting requirements on the grounds that they violate California’s Proposition 209. When the PUC attempted to rescind the award to Transdyn/Cresci and put the contract out for rebid, our lawyers obtained an immediate stay. The trial court ultimately denied our client’s petition for a writ of mandate compelling the PUC to execute the contract and proceed with Transdyn/Cresci as the contractor. In a published opinion, however, the California Court of Appeal reversed and directed the trial court to issue Transdyn/Cresci’s requested writ enforcing our client’s contract. Transdyn/Cresci v. City and County of San Francisco, 72 Cal.App. 4th 746 (1999).
Contract Claims/Termination Claims
- Representation of Avondale Industries. Our qualified assisted Avondale in preparing and negotiating a claim for approximately $60 million on the Navy’s sealift program. Avondale based its claim on a defective Navy specification of the ship’s deck socket cargo lashing system. Our qualified assisted with both the entitlement and cost portions of the claim. Avondale ultimately settled the claim with the Navy on favorable terms.
- Representation of SSC Tunnelers. Our qualified lawyers represented SSC Tunnelers, a joint venture of Obayashi Corporation and Dillingham Construction N.A., in preparing and negotiating a termination for convenience claim in connection with a $33 million tunneling contract terminated as part of the cancellation of the Superconducting Super Collider.
- Representation of a New Jersey storage company.