Gregory S. Gistenson

Barnes & Thornburg attorneys represented an international oil and gas company, which obtained a favorable outcome in connection with claims related to one of its large refinery modernization projects. The claims arose out of mislabeled welding wire that was delivered to and installed at the refinery and caused the client to suffer millions of dollars of repair damages. The litigation included four parties and was pending for more than two years. Following an unsuccessful mediation, the client continued to engage in difficult negotiations with all of the other parties, but ultimately convinced plaintiffs to compromise and settle all claims. The client received a substantial recovery without full-blown discovery and litigation.

The Barnes & Thornburg Construction Law Practice Group represented a Florida contractor that designs and installs window-wall products on high-rise buildings. The complex case involved breach of contract, acceleration and disruption claims arising out of the construction of a 28-story apartment building in downtown Chicago. The matter also involved insurance coverage disputes related to these claims, including litigation filed by on of the insurance carriers in Florida.

With respect to the construction claims, two separate lawsuits were filed and after resolving complex procedural hurdles before the courts, the matter proceeded to arbitration involving the project owner, general contractor and our client before the American Arbitration Association. During those proceedings, we were able to negotiate a favorable settlement for our client, including a significant payment. We then also resolved the insurance litigation pending in Florida on favorable terms for our client.