Thomas O. Crist

Representation of a Fortune 50 global control system manufacturer in $60 Million in disputes driven by technology and operational failures in one of Canada’s largest hydroelectric power facilities.

Representation of the constructors in a $100 million dispute between a lead contractor and technology provider as part of a joint venture to modernize a gas fired power plant. Representation of the main contractor concerning construction of a green field electric peaking plant.  Representation downstream was due supply chains failures and upstream regarding delay and disruption.

Representation of a global EPC in $125 million in claims related to failed delivery of a multi-phased oil transmission facility in the Middle East. Resolution via facilitated mediation during LCIA arbitration.

Represented an EPC team in an adverse site conditions claim stemming from the installation of miles of overhead power lines and relocation underground of previously overhead high power cables to underground facilities. The dispute involved property right issues with two U.S. states, subcontractor defaults, termination and replacement.  Resolved $40 Million in claims pre-JAMS Arbitration.

Resolution of claims pre-trial between a public utility and a major equipment supplier regarding catastrophic loss of a municipal electric power facility and manage the reconstruction project.

Representation of an EPC on $60 Million in claims on a multi-phased, fast track electrical peaking plant construction project. Resolution of the thirty (30) party dispute via bespoke ad hoc Dispute Review Board in advance of AAA Arbitration.

Representation of a specialty contractor on $35 Million in claims against a U.S. oil major driven by owner supplied material defects and wrongful termination on a North American oil refinery project.

Represented the EPC against a major North American utility on $30 Million in claims for schedule lag and interference caused by a design bust and permitting issues on a combined cycle power facility. Resolved the dispute favorably in advance of ICC Arbitration.

Represented a global private equity fund specializing in development of renewal energy projects in a new technology plastics to fuel facility. We structured the project’s capital stack, implemented a one-off hybrid EPC delivery method, and addressed disputes with supply chain and technology providers that delayed the project’s commencement and prolonged its completion. Resolved all claims without suit or arbitration.

Represented an EPC contractor against a U.S. public utility on $20 Million in claims stemming from modernization and conversion of an old technology coal fired power plant. Succeeded at an ICDR arbitration on claims for scope creep, constructive acceleration, and design delays.

Represented a private equity fund as owner/developer in the construction of fifteen simultaneously constructed renewal natural gas (biomass) facilities. Disputes exceeding $15,000,000 USD included delay/disruption driven by allegations of EPC design defects and implementation errors.

Representation of major global sports academy concerning defects in the design of a luxury hotel tower. Succeeded in resolving $8.5 Million in claims involving the failed design of mechanical systems for the building, their custom replacement, and capturing other lost profit damages. Resolution of the matter in the American Arbitration Association and trial court in the Southern U.S.

Representation of private equity fund and two of its platform companies regarding $30 Million of delay and disruption claims on EPC-delivered renewable energy projects throughout North America. Management of disputes with lower tiers, public utilities and vendors.

Representation of a major private equity fund specializing in renewable energy projects in defense of claims by early investors who claimed exclusive Asian territory rights for sales of new technology. Complete victory on motion.

Representation of a national construction manager on successful aerospace project for a major defense contractor in the Western U.S. achieving a complete defense of a lower tier claim for a 25% labor overrun.

Project counsel for the contractor on the largest U.S. Consulate in history being built on reclaimed property in Africa. Includes daily operational advice, advice regarding U.S. and foreign claims, along with managing conflicts among suppliers, subcontractors, local stakeholders and the U.S. government. Management of total claims and REAs approaching $100 Million.

Assertion of claims on behalf of a design-builder against the U.S. government related to defects in its bridging design for a foreign facility. Over $25 Million in claims related to performance of electrical systems and other aspects of the owner’s design.

Representation of a construction manager concerning delay/disruption claims on a massive food plant expansion performed on an accelerated basis during the COVID-19 pandemic.

Representation of an aerospace contractor concerning lower tier design defects that impacted operation of a major aircraft facility. Resolution of the $5 Million matter pre-AAA arbitration.

Representation of a specialty contractor in a dispute with a global steel industry owner on a claim for delays and disruption driven by scope creep and pandemic supply chain failures. In excess of $20 Million in claims on a Billion-dollar facility.

Representation of Turkish contractor in a wrongful death suit stemming from the loss of a project engineer due to a terrorist attack in Afghanistan. Representation of the company at the U.S. Department of Labor.

Representation of private equity fund in rapid expansion of its portfolio companies in the pharma and clean building space throughout the United States. Average project is between $40 and $100 Million.

Representation of a Global REIT concerning construction defects and failures at a $200 Million tower in the Mid-Atlantic. Claims include loss of enterprise value and corrective work for faulty and defective façade installation.

Representation of a Global REIT concerning HVAC failures and defects in a massive Fortune 10 corporate headquarters in the Western United States. $25 Million.

Representation of a national construction manager in a dispute with the largest U.S. public university system. In excess of $20 Million claims related to design errors, obstructions, and access limitations during construction of two simultaneous new university buildings. Representation of client adverse to public owner and dozens of subcontractor lower tier claims in the AAA on a pass-through basis. This matter presents an issue of first impression concerning the trial court’s jurisdiction and the public owner’s ability to compel administrative remedies.

Assertion of a $40 Million claim against the U.S. government for defects in its bridging design and supply chain fracture that resulted in project delays and rework at an embassy in Africa.

Representation of an industrial contractor in a dispute with a global steel manufacturer on a claim for delays and disruption driven by scope creep and pandemic supply chain failures. Poor design, differing site conditions, and lack of owner-supplied proprietary equipment and materials caused acceleration and rework on a major steel facility. Disputes exceed $18 Million and involve first impression claims related to state-of-the-art EPC risk carveouts for force majeure, material cost escalation, and change of law restricting local labor.

Twice negotiated a reverse-TIF to accommodate the sale of a 1 million SF incomplete manufacturing plant to a multi-national buyer. 

Represented one of the largest multifamily developers in the country as the seller in its disposition of an affordable housing property in Texas, which involved collapsing a ground lease structure to sell fee title to the property, negotiating equity contributions to fund closing contributions by the partnership of the property-owning partnership and the defeasance and later redemption of bond financing.

Representation of a liquidating trust in the marketing and sale of a mammoth, partially complete industrial facility located in the Midwest, along with negotiated TIF financing for a consortium of project participants.

Representation of a surety in federal district court and the Circuit Court of Appeals in a seminal matter that made pay-if-paid (precondition to payment) law in the State of Indiana.

Representation of a specialty industrial piping contractor concerning delay and disruption claims stemming from unplanned shutdowns, acceleration, related to boiler replacement at a steel manufacturing facility.

Representation of a design-builder in the construction of critical portions of an $800 Million electric power peaking plant.

Representation of a domestic EPC contractor in disputes with the U.S. Navy related to completion of infrastructure, housing, and other projects in Guantanamo Bay, Cuba.

Assist an international contractor in completion of a large infrastructure project (5,000 troops) in the pacific for the U.S. government.  Representation included support for project completion, memorialization of claims, and pursuit of disputes with design professionals, the government, and lower tier constructors.

Representation of a U.S. specialty concrete contractor in defense of construction defect claims, and prosecution of responsive claims for delays and prolongation, on a Division I University construction project.

Representation of an international contractor in the negotiation of a contract for specialty construction and support, access, security management and facility protection in the Middle East on a project built for an international oil producer.

Representation of a Fortune 100 manufacturer of electrical and control systems in various claims related to construction of a hydro-electric power plant in Canada.

Representation of a U.S. design-builder regarding completion issues and closeout related to a military infrastructure and housing project in the Caribbean.

Representation of a domestic specialty industrial design-builder on a delay and disruption claim related to deletion of scope, and disputed termination of contracts, for a retro-fit and new construction of an oil refinery expansion in North America.

Representation of a specialty design-builder in delay and disruption claims stemming from construction, on an EPC basic, of a riverfront manufacturing facility.

Representation of a client in delay, disruption and “scope creep” claims adverse to a major U.S. energy producer.

Represented a surety and large specialty contractor concerning claims for payment that followed the cancellation of a 1 million square foot manufacturing project at roughly 80% completion. A subcontractor and supplier, based upon a written assignment, pursued claims against our contractor client’s surety, despite a “pay-if-paid” (precondition to payment) provision in the parties’ contract. This was an issue of first impression in Indiana. On behalf of the surety, we succeeded in obtaining summary judgment at the District Court level, both as to the enforcement of the pay-if-paid provision and the right of a surety to assert it as a defense to a bond claim. The Seventh Circuit affirmed the District Court’s holding.

Represented a prestigious preparatory school in a faulty design and defective construction claim resulting from a building envelope failure at its Natatorium and Athletic Facility. Resolved the dispute for the entire cost necessary to remove and replace the building’s façade and to complete selective demolition and replacement of various roof sections.

Representation of a publicly traded company in the failure and complete loss of a newly constructed building. The design and construction were so severe that within a few days of the building’s grand opening, construction ceased and it was determined the building could not be saved. Was successful in resolving a portion of the dispute with the design team, and recovered the remainder of the costs necessary to demolish and replace the building, plus lost profits and other damages.

Representation of a renewable energy company in funding opportunities and a dispute with investors.

Representation of an international REIT in construction defect, interference, and right-of-way claims related to demolition and new construction near an urban office tower.

Representation of a design-builder in the significant expansion and new construction of a food manufacturing facility in North America.

Representation as lead counsel and team leader in a dispute pending in federal court related to an International and Local Union and their execution of an agreement that would allow a single, large company to monopolize a Midwest market and further damage an industry pension fund. Issues include withdrawal liability, violations of the ERISA statute, and claims for labor law violations and antitrust.

Representation of a prime contractor in claims for disputed extras, delay and disruption, and prolongation costs related to a $50 Million phased refinery improvements and construction.

Representation of a design-builder in claims against the owner related to design and construction of a U.S. manufacturing facility housing some of the largest mechanical presses in the world.

Representation of a team of contractors and design professionals, seeking additional compensation, related to new construction of a P3 water treatment facility in the United States.

Representation of one of the world’s largest manufacturers of solar trackers and technology on global supply chain and construction matters.

Representation of major U.S. AgTech Company in disputes, transactions, and operational issues related to hundreds of acres of vertical farms in Appalachia.

Representation of contractors on federal projects involving the DOD, USACE, OBO among other agencies. These include notable projects in Cuba, Berlin, the Pacific, Maputo, Kampala, Lagos (Africa), Parvan and Helmand Provinces, Kandahar, Bastian, Delaram (Afghanistan), Fallujah, Kadhimiya, Baghdad (Iraq).

Representation of a North American contractor specializing in vertical construction on claims for delays and disruptions involving construction of hotels for some of the world’s largest franchisers.

Representation of one of the nation’s largest public university in defense of contractor/delay disruption claims and prosecution of claims against design professionals for cost overruns caused by errors and omissions.

Representation of an international EPC contractor to assist in completion of a historic, troubled oil transmission project in central Iraq. Handling of disputes involving nearly $75 Million in claims in the LCIA (London).

Representation of a specialty piping contractor in delay, disruption, and prolongation claims related to owner, designer, and upstream contractor impacts to a project that involved construction of a new technology (IGCC) power facility.

Representation of a private university in claims against the designer of an on-campus tower for poor design that resulted in the need for significant structural and mechanical corrections at the tower.

Representation of a global contractor against another global contractor for actions that arose out of misrepresentations made during the sale of a business with questionable backlog.

Represented as lead trial counsel a global medical device manufacturer in business tort, anti-competition claims, and injunctive relief claims that resulted in a $647.5 Million judgment and permanent injunctions against all defendants across several states.

Representation of an American specialty glass manufacturer regarding the alleged failure of a structural glazing system in an urban tower.

Representation of a U.S. design-builder for bidding irregularities, changes, and delays on several Division I university buildings.

Representation of a U.S. design-builder in four matters involving delay, disruptions, scope creep and prolongation related to simultaneous construction of four urban towers.

Representation of a piping contractor in arbitration on added scope and delay/disruption claims related to defective owner-design of a domestic power facility.