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Experience
- Currently represent an owner in a more than $40 million dispute in connection with warranty and related defect claims arising from defectively engineered solar trackers. The dispute relates to 22 separate projects located in five states. The matter will be mediated and potentially litigated.
- Currently arbitrating a dispute on behalf of a solar developer involving claims for abnormal conditions.
- Recently completed a seven-week trial in San Francisco superior court involving claims for defective construction and delay arising from the development of a 350-unit luxury high-rise project. In March 2023, Diana prevailed on “prevailing party” post-trial motion practice, and the court held the client was entitled to recover attorneys’ fees, including trial fees and costs.
- Recently settled a payment dispute on behalf of a Midwestern power cooperative. The claim arose in connection with a more than $85 million decommissioning of a nuclear facility. She continues to represent the client in contract administration and close-out matters.
- Arbitrated claims arising out of the development of a 56-unit luxury condominium project. The dispute has a particularly complex posture, with numerous underlying lawsuits, duplicative claims by the owner in multiple forums, and a primary arbitration action being handled through JAMS.
- Representing an engineering procurement construction (EPC) contractor in connection with claims arising from the design and installation of anaerobic digestion and gas upgrading facilities.
- Represented an owner in a three-week arbitration involving claims arising from defective construction. The client was awarded damages for defective construction and attorneys’ fees and cost.
- Represented a city (population of more than 500,000 residents) against claims asserted by a contractor in connection with an infrastructure project. The claims were settled in mediation on favorable terms in which the client paid the contractor a small percentage of its claims.
- Represented the U.S. Department of Energy (DOE) against claims asserted by an engineer that was retained to perform sampling in connection with the demolition of a nuclear research facility. The engineer filed a complaint in the U.S. District Court for the Northern District of Illinois. The claims were settled in mediation on favorable terms without the need to file a responsive pleading or engage in any motion practice.
- Regularly provide contract administration counseling to utility, energy, and other owner-clients, including resolving sizable change order claims for delay and back charges and other contract claims.
