Heather L. Heindel

Manufacturing Facilities

• Design-build construction contract for LED manufacturing facility expansion with owner self-performing construction management.*
• Design-build, operate, and maintain contract with production guarantee for manufacturing facility producing specialized chemicals and electricity.*
• Assisted chip manufacturer with construction issues related to water treatment facility design and construction.

Green Energy Facilities

• Design-build, operate, and maintain contracts for solar, wind, and biofuel projects.*
• Battery storage contract for innovative power generator.
• Wind turbine repower contracts.
• Counseled developer on innovative project converting dairy waste off-gas to natural gas.

Oil and Gas Facilities*

• Project counsel to major multinational supplier during construction of floating storage production and offloading vessel. Advised during project on risk management issues including scope creep, schedule delay, and force majeure events. Successfully negotiated multimillion dollar change requests submitted by subcontractor.

*Prior Experience

• Negotiated, advised on local law issues, and prepared risk assessment for multinational concessionaire during proposal phase of public-private partnership procurement for toll road.*
• Design-build, operate, and maintain contract with production guarantees for municipal biosolids reuse project.*
• Represented design-builder during proposal phase of public-private partnership for major light rail expansion.*
• Advised contractor on multiple tolling projects related to force majeure events.
• Various school district projects.

*Prior Experience

Alternative Dispute Resolution

• Represented public owner on the largest infrastructure project in the history of the United States. Defended claims by joint venture contractor in excess of $200 million during 100 days of hearings in front of a hybrid Dispute Resolution Board (DRB) and arbitration panel. Prosecuted and defended multiple actions in state court and appeals before the Massachusetts Court of Appeals and the Supreme Judicial Court. Vacatur of approximately $100 million in arbitration awards and replacement with administrative decisions denying entitlement to contractor.*
• Represented mechanical contractor in $15 million arbitration related to delay and disruption claims on 790-MW coal-fired power plant.*
• Represented wind turbine manufacturer in three-week multiparty arbitration related to delay claims and differing site conditions.
• Represented contractor and seller in arbitration with purchaser related to a $6.4 million private residence.

Litigation

• Represented municipal owner of the world’s busiest airport in fee dispute with ground storage equipment operator in state court.*
• Represented municipal owner in dispute with design-build-operate biosolids treatment contractor on multiple wastewater treatment plants; conducted three-week federal bench trial, and related appeal.*
• Represented former owner of two commercial buildings in multimillion dollar litigation relating to water infiltration; dispute resolved on summary judgment in favor of client.*
• Represented municipal owner in $7 million dispute with contractor related to the design and construction of a 150 MGD water treatment plant.*
• Represented equipment manufacturer in multiparty state court litigation in California related to design and construction of a 40-MW pumped storage facility.*
• Represented nuclear power plant vendor in $1 billion contract dispute related to regulatory changes that impacted the design and construction of a 2400 MW expansion project.*
• Represented HUB-Zone subcontractor in multimillion dollar dispute related to decontamination and demolition work performed at the U.S. Department of Energy’s East Tennessee Technology Park; conducted week-long federal bench trial.*
• Represented manufacturer of tunnel boring machine in dispute with contractor, owner, and insurers in state court.
• Represented international contractor in dispute with owner after wrongful termination related to the construction of a $500 million luxury apartment complex; conducted 12-week state court jury trial with verdict in favor of contractor.

*Prior Experience