Construction

Advised on land use and development matters in Loudoun County, Virginia, home to the world’s largest concentration of data centers, and served as local counsel on more than $975 million in construction financing for a data center campus in Frederick, Maryland.

Represented a data center infrastructure development company as local Maryland counsel in a deal to secure over $975 million in construction financing for the first phase of a major data center campus. The multi-phase development project involves the conversion of a former industrial site into a modern complex that will ultimately provide 2 gigawatts of power capacity. Our ongoing representation includes advising on additional financing arrangements for subsequent development phases.

Miles & Stockbridge assisted executive leadership of a construction products manufacturer in establishing response to COVID related issues, including reopening of operations nationwide, response to outbreaks and setting up stringent health and safety protocols. Potential damages would have been several million dollars, if we been unable to get operations up and running.

Representation of a marine construction company of an interstate barge and tugboat business 

Represented construction firm in breach of fiduciary duty case involving former business partner.

Advised real estate investment trust on the installation of roof-top solar systems, including drafting rooftop solar leases, negotiating power purchase agreements with tenants and engineering, procurement, and construction contracts with vendors.

Successfully represented the Washington Metropolitan Area Transit Authority (WMATA), as a substantial participant on the litigation team, in an enormous dispute before the U.S. District Court for the District of Columbia, which arose out of the default terminations by WMATA of the contractor under contracts for the construction of two subway stations and adjoining tunnels in the heart of Washington, D.C., including significant involvement in successfully defending against a motion for summary judgment relating to suretyship law. See Mergentime Corp. v. Washington Metro. Area Transit Auth., 775 F. Supp. 14 (D.D.C. 1991). Judge George H. Revercomb presided over the trial, which he characterized as the most complex civil trial in his 23 years on the bench. He eventually rendered his decision in a 251-page opinion, affirming the terminations and awarding over $16 million in damages to WMATA. See Mergentime Corp. v. Washington Metro. Area Transit Auth., No. 89-1055, 1993 U.S. Dist. LEXIS 11123 (D.D.C. July 30, 1993).

Successfully represented a major corporation in a construction dispute involving subsurface obstructions at a U.S. Department of Energy nuclear facility. The case settled to the client’s satisfaction following a mediation.

Successfully represented a subcontractor under a U.S. Army prime contract in a dispute with the prime contractor concerning differing site conditions encountered at a military facility in Germany.