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Jason L. Richey
EPC Contracting Issues in the Oil & Gas Industry
2 November 2015
Do Wind Farms Constitute a Nuisance or Trespass?
The Legal Intelligencer’s Construction Law Supplement
Failure to Extend the Renewable Energy Production Tax Credit: Will It Send Wind Energy Investors Packing for Opportunities Abroad?
Energy & Infrastructure Projects & Transactions Alert
September 13, 2012
Not All Construction Damage Recoveries Are Created Equal
Presented at the 25th Annual Construction SuperConference, San Francisco, CA
December 16, 2010
Sales of Goods: Battle of the Forms Under UCC and CISG - A Practical Perspective
Presentation for the ACC of Western Pennsylvania
October 5, 2010
Consequential Damages in Today's Construction Industry
May 5, 2008
Construction and Engineering
Complex Commercial Litigation and Disputes
Government Contracts & Procurement Policy
Liquefied Natural Gas
Oil & Gas
J.D., The Ohio State University Moritz College of Law, 1996
B.A., Allegheny College, 1993, (
magna cum laude
; Phi Beta Kappa, three-time NCAA Academic All American Wrestler)
Bar of Pennsylvania
United States Court of Appeals for the Third Circuit
United States District Court for the District of Colorado
United States District Court for the Western District of Pennsylvania
Mr. Richey’s practice is concentrated in the areas of construction and engineering, general commercial, bid protests, oil and gas and renewable energy. For more than 20 years, his work has involved both dispute resolution (litigation, arbitration and mediation) and contract drafting. During this time, Mr. Richey has worked on local engagements as well as matters in over 30 different states, Asia, Africa, Europe, Australia and South America representing companies both large and small.
Construction & Engineering
. Mr. Richey has worked on disputes and contracts involving multi-million dollar construction projects, including material handling systems, petrochemical, methane, LNG, polypropylene, polyethylene (low and high density), transportation (rail, road and air), power generation (including coal fired power plants), health care, civil construction, residential homes, airports and sewage treatment plants.
. Mr. Richey has a unique focus on bid protest related to state and local government contracts throughout the country. Perhaps no practitioner in the country has been involved in handling bid protests in as many jurisdictions as Mr. Richey and his team.
Oil and Gas
. Mr. Richey has been involved in disputes regarding oil and gas pipelines, off shore oil and gas rigs (FPSOs), welding issues and the supply of line heaters and separators.
. Mr. Richey’s experience in commercial litigation has occurred through his work in representing the World Wrestling Entertainment, Inc., PPG Industries, Inc. and other commercial clients. This work has involved dealing with breach of contract, real estate litigation (of all kinds), Article 2 of the Uniform Commercial Code (sale of goods), civil rights, tort, consumer protection act, employment, defamation and wrongful death claims.
. Over the past decade, Mr. Richey has been at the forefront of dealing with dynamic legal issues involved in the wind and solar industries in both dispute resolution and contract drafting.
Above all else, Mr. Richey prides himself on his hard work ethic, ability to provide cost effective legal services to clients no matter how small or large the legal matter and his overall determination to bring his clients’ legal matters to a successful conclusion.
Selected for inclusion in the 2017, 2016, 2015, 2014 and 2013 edition of Pennsylvania Super Lawyers
magazine in 2006, 2007 and 2008 as a Pennsylvania Super Lawyers Rising Star
Certified Arbitrator for the American Arbitration Association (AAA); Attended the AAA University for Arbitrators
Member of AWEA
“Common Contractual and Legal Issues Arising Under EPC Contracts for Onshore and Offshore Oil & Gas Projects” presented at Joint Marsh/K&L Gates Seminar - EPC Contracting Issues in the Oil and Gas Industry, Houston, TX (2015).
“Not All Construction Damage Recoveries Are Created Equal” presented at the Construction SuperConference, San Francisco, CA (2010).
“Sale of Goods Battle of the Forms Under UCC and CISG – A Practical Perspective”, Presentation for the ACC of Western Pennsylvania (2010).
“International Arbitration – Know What You Are Getting Into,” presented at the Engineer’s Society of Western Pennsylvania, Pittsburgh, PA (2010).
“Allocating Risk in Today’s Marketplace” presented at the Construction SuperConference, San Francisco, CA (2007).
“The Effective Expert Witness – What Compels an Arbitrator, Judge and/or Jury” presented at the Construction SuperConference, San Francisco, CA (2007).
"Contractor Strategies for Dealing with the Financially Troubled Project” presented at the Construction SuperConference, San Francisco, CA (2005).
“Legal Causation” presented at the Association for Advancement of Cost Engineering, Washington, D.C. (2005).
Recent Published Court Opinions
Campfield v. State Farm Mutual Automobile Insurance Company
, 532 F.3d 1111 (10th Cir. 2008).
World Wrestling Entertainment, Inc. v. Bozell
, 142 F. Supp. 514 (S.D.N.Y. 2001).
Bass v. World Wrestling Entertainment, Inc
., 129 F. Supp.2d 491 (E.D.N.Y. 2001).
USA Cable v. World Wrestling Entertainment, Inc.
, No. Civ. A. 17983, 2000 WL 875682 (Del. Ch. Ct. June 27, 2000).
Represent developer of the Phoenix Sky Train project at the Phoenix International Airport in dispute against engineers and contractors.
Counsel to a large natural gas processor in connection with dispute against prime contractor for a natural gas pipeline project in West Virginia.
Counsel to scrap metal company in ICC arbitration, involving a breach of contract dispute over the purchase of goods in Venezuela.
Counsel for inmate telephone provider as well as construction contractors in bid protests throughout the country, including in Pennsylvania, Connecticut, New Mexico, Missouri, Indiana, Ohio, Michigan, New York, New Jersey, Virginia, Oregon, Maryland, Kentucky, Illinois, New Hampshire, California, Arizona, Louisiana, Georgia, Florida, Minnesota, Hawaii and Vermont. In handling such representation over the past decade, Mr. Richey has developed an extensive record of successes in resolving such disputes in favor of his clients.
Represented numerous wind farm owners in disputes, including but not limited to, disputes over the supply of defective turbines and other goods, whether the wind farm noise and flicker constituted a nuisance or trespass under the law, liability related to a weather event that decimated the wind farm and disputes over the actual location of the wind turbines and which parties have entitlement to the corresponding royalties.
Successfully represented major U.S. EPC Contractor in dispute regarding whether it supplied a defective gas turbine transformer that had a catastrophic failure at a Combined Cycle Generation Facility in the Dominic Republic. Owner complained that contractor and/or its suppliers provided a transformer not compatible with the tropic conditions found in the Caribbean. The matter was subject to ICC arbitration with the seat being in Miami.
Counsel to an Italian EPC contractor in connection with claims arising out of the construction of five (5) hydroelectric power plants in southwestern Brazil. The total project cost is approximately R$500 million and the amount in controversy exceeds R$250 million. The contractor terminated the contract for non-payment and the owner has counter claimed for cost to complete, liquidated damages, lost revenue and lost profits. There are two ongoing ICC arbitrations relating to the claims. The seat of both arbitrations is in Cuiaba, Brazil and the governing law for both arbitrations is Brazilian law.
Represented numerous clients in disputes and through consultation on matters related to the supply of goods and materials governed by Article 2 of the Uniform Commercial Code.
Represented major Spanish contractor in Crescent Dunes Solar Project located in Tonopah, Nevada in an action filed by a potential subcontractor where an ex parte injunction was issued halting contractor's progress prior to our retention. As a result of our representation, the lawsuit was dismissed and contractor's progress continued. The Crescent Dunes project will be the largest power plant of its kind in the world and be the nation’s first commercial-scale solar power facility with fully integrated energy storage. It involves one 540-foot solar power tower and a field of thousands of large mirrors which reflect sunlight toward a receiver on the tower.
Successfully represented a large United State EPC Contractor related to dispute regarding delays and defective work in the Tren Urbano mass transit project in Puerto Rico.
Counsel for an international EPC contractor in connection with claims arising out of the construction of a 3,700 MTPD methanol plant under construction in Egypt. We submitted claims on behalf of the contractor which led to a successful resolution of the matter for our client.
Counsel for an international EPC consortium with respect to claims arising out of the construction of a $1.4 Billion polyethylene/polypropylene/butane plant located in Saudi Arabia. We submitted claims against the owner as well as defending against the owner’s claim for delay damages. All disputes were to be resolved in ICC arbitration in London, England. The matter settled prior to arbitration with the owner dropping all of its claims for liquidated damages.
Counsel for international EPC contractor with respect to claims arising out of the construction of two 370 MW coal-fired power plants currently under construction in Chile. We identified and presenting contractor’s claims against the project owners. A partial settlement with the owner recently resulted in a 28 month time extension for the client along with relief from all LD’s and cash payments from owner to client totaling $28 million. Any remaining disputes will be subject to ICC arbitration in Paris, France or Santiago, Chile under Chilean law.
Represented PPG, which was a subcontractor, in an arbitration proceeding filed with the American Arbitration Association regarding construction disputes related to the construction of a fiberglass facility located in Clarksville, Tennessee. PPG supplied technology and certain services to the general contractor and owner in connection with the facility. The matter resulted in a favorable outcome for PPG in part, as a result of K&L Gates’ ability to obtain summary judgment and dismissal of a majority of owner’s damages claim against PPG due to a consequential damages provision.
Counsel in five-year long successful defense of PPG subsidiary against antitrust, consumer protection and tort claims where Plaintiffs claimed damages of approximately $200 million. Plaintiff filed a complaint in the United States District Court for the District of Colorado alleging that Defendants violate the Sherman Act, committed unfair and deceptive trade practices in violation of Colorado’s Consumer Protection Act (“CCPA”) and committed tortious interference with actual and prospective contractual relations. The Court granted in part a motion to dismiss filed by K&L Gates, dismissed Plaintiffs’ Sherman Act claims and allowed discovery to proceed on Plaintiffs’ CCPA and tort claims. After the conclusion of discovery, K&L Gates moved for summary judgment on the remaining claims. The Court granted the motion, entered judgment in favor of our client. The Tenth Circuit affirmed the District Court’s dismissal of Plaintiffs’ antitrust, CCPA and tort claims.
Lead counsel for US-based contractor, in connection with claims arising out of the construction of a new 1.5 million TPY coke oven battery that was built in Vitoria, Brazil. Taggart provided all of the coal and coke handling equipment for the Project. Mr. Richey is responsible for the prosecution of the claims against the owner, securing local counsel in Brazil and managing a team of lawyers and client engineers who are working on the case. The matter is currently in ICC arbitration, with hearings to be held in Rio de Janeiro, Brazil and conducted under Brazilian law.
Counsel for multinational contractor with respect to over $1 billion in claims arising out of one of the world’s largest offshore oil and gas projects with an initial contract price of over $2.5 billion. The engagement spanned a period of three years. While all disputes were subject to ultimate resolution under the UNCITRAL Arbitration Rules (1976), all disputes were resolved through a series of settlements without the necessity of formal arbitration proceedings. The disputes involved issues concerning engineering and construction changes, claims of cardinal change, liquidated damages for delay, schedule analysis with claims for time and money entitlement, international letters of credit, value added tax (VAT) claims, force majeure claims and project finance issues in connection with a worldwide syndicate of commercial and national banks. The matter was settled before arbitration resulting in a nearly two year time extension and additional compensation in excess of $200 million.
Counsel for Plaintiff in Weirton Steel Corporation v. TECO-Westinghouse Motor Company, Case No. 5:00CV-88-S in the United States District Court for the Northern District of West Virginia. We represented the owner of a steel mill, Weirton Steel Corporation, against defendant TECO-Westinghouse Motor Company. The case was a civil action wherein Weirton Steel sought damages from TECO arising out of the defective design and assembly of two 7,000 H.P. Reversing Rougher Mill motors. The case was settled with a nearly two million dollar payment made to Weirton Steel.
Counsel for contractor in dispute over whether contract for work at LAX airport had been properly terminated for convenience or whether the contract had been abandoned. The matter was resolved in the California state court system.
Represented Construction Manager on disputes regarding numerous hotel and hospitality construction projects in North America.
Represented non profit health care facility for the elderly and disabled against both the construction contractor and architect for extensive delays on the project as well as defective work. The strategy involved successfully resolving AAA arbitration with contractor and then suing the architect in Pennsylvania State Court. Suit against architect resolved favorably after prevailing at the summary judgment phase of the litigation.
Represented Pennsylvania hospital related to disputes surrounding delays and defective work on the construction of an emergency room in a multi-prime contract situation.
Counsel for the owner of an 800 mw combined cycle power plant, MEP Pleasant Hill LLC (“MEP”) in a dispute with the EPC Contractor, Black & Veatch Corporation (“Black & Veatch”) arising out of a force majeure claim submitted by Black & Veatch. The claim arose when key HRSG components (worth about $30 million) were damaged when the ship carrying the parts got caught in a typhoon while en route from Japan to Houston, TX. The dispute was settled amicably and the Project was completed on time.
Counsel for Owners in construction dispute in the Court of Common Pleas of Armstrong County, Pennsylvania. The action sought recovery of $500,000 from the Defendants as a result of their defective design and construction of a 138 KV power transmission line. Early on in the case K&L Gates obtained a default judgment against one of the defendants for its failure to answer the complaint. Later, the entire case was successfully mediated in one day, resulting in a favorable outcome for the client.
Represented contractor that specializes in the construction of waste water treatment plant in numerous disputes throughout the Commonwealth of Pennsylvania.
Counsel for a multinational engineering and construction company regarding an onshore gas-to-liquids project located in Africa with an original value of approximately $1.7 billion value. Assisted the client in obtaining a change order in the amount of approximately $250 million. Thereafter, assisted the client in converting the contract from a lump sum pricing structure to a cost reimbursable structure.
Counsel for contractor in claim recovery action after contractor had been terminated for convenience from a Texas State Highway contract.
Represented large natural gas producer in jury trial in the Northern District of Ohio in dispute over whether supplier had produced defective line heaters and three phase separators used in the Marcellus Shale.
Part of legal team that obtained a jury verdict for compensatory and punitive damages on behalf of the estate of a young woman in a wrongful death action against her former fiancé, a municipal police officer. Focusing on the problem of domestic violence by a police officer, the trial team obtained what is believed to be the only jury verdict in American legal history holding another person responsible for causing a suicide.
Represented company in the entertainment industry regarding various disputes over different leases of studios in New York City utilized for popular television shows.
Successfully represented WWE in the Delaware Chancery Court in an action brought by USA Network seeking to enjoin his client from accepting an offer for their programming from another network and obtained an affirmance before the Delaware Supreme Court of the trial court’s decision permitting WWE to accept the competing offer.
Part of legal team that obtained a defense verdict from a jury on behalf of WWE against a charge of sexual harassment brought by a former female performer in the Eastern District of New York.
Part of legal team that obtained a defense verdict in proceedings before the American Arbitration Association on behalf of WWE in a case involving claims by an ex performer that he was totally disabled as a result of post concussion syndrome.
Represented consumable water company in action filed in Pennsylvania state court to determine who owned 1,200 acres of land with water aquifiers. Claims in the action included claims for quiet title, ejectment, trespass and adverse possession.
Represented largest roofing contractor in the United States in numerous roofing related disputes around the country.
Counsel for subcontractor in an ICC arbitration arising out of the design, supply, installation, commissioning, check-out and testing of a two stand reversing mill and equalizing furnace for a flat roll products mini mill in Ostrava, Czech Republic. The subcontractor asserted claims in the aggregate amount of approximately $20 million for unpaid invoices, additional work, and value added tax. In addition, the contractor asserted counterclaims in the amount of approximately $12 million. Following the hearings conducted in Vienna, Austria, the arbitration panel rendered an award favorable to the subcontractor.
Successfully represented large U.S. contractor regarding claims from neighbors that contractor negligently performed remediation of fly ash around their houses from slope failure and/or that remediation work somehow caused a nuisance. The case was litigated in Allegheny County, Pennsylvania Court of Common Pleas.
Drafted, reviewed, revised and negotiated numerous EPCs for solar power facilities in Canada and the United States (Hawaii, California, New Jersey, Arizona). In addition to EPCs, we have worked on many other types of construction contracts for solar power facilities (such as subcontracts, design contracts and supply contracts).
Conducted a comprehensive analysis, review and revision process for a large EPC Contractor's suite of construction contracts (including subcontracts, design contracts and supply contracts) for use on large projects in numerous states, including Indiana, Illinois, West Virginia, Ohio and Kentucky.
Reviewed, revised and drafted an EPC for a large international construction company for the construction of the first ever off-shore wind facility (involving over 100 turbines) in United States as well as drafted numerous other contracts for the construction of on-shore wind-energy facilities for a variety of clients.
Counseled numerous contractors on the issue of whether or not they need to be licensed as a contractor in numerous states throughout the country.
Represented an international construction company in drafting contracts for the construction of a large data center and integrated cogeneration facility.
Drafted numerous contracts for use by oil and gas companies including master services agreements and drilling equipment contracts.
Drafted and negotiated a design contract for a large test bench facility for an international manufacturer of gearing for mining and wind industry.
Drafted a contract for the design and installation of a complex comprehensive steel mill control/processing system for a large steel company.
Drafted numerous miscellaneous contracts for a large comprehensive commercial roofing and flooring contractor in the United States.
Drafted a Lease/Purchase Agreement for four oil-drilling rigs to be transported from Oklahoma for use in Texas.
Drafted an engineering supervision contract for large Spanish Contractor for project which involved a high density computer center powered by a 240 MW co-generation plant to be located in Delaware, New Jersey or Pennsylvania.
Drafted an early works agreement for a Project in Cerro Verde, Guatemala project where large Spanish Contractor was the EPC contractor for an Open Cycle Dual Fuel Combustion Turbine Power Station.
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