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Mehoopany Wind Energy settles litigation with RES America Construction over multi-million dollar wind farm development

July 2015

Client(s) Mehoopany Wind Energy LLC

Jones Day represented Mehoopany Wind Energy LLC ("MWE"), the owner of a 9,000 acre wind farm in Pennsylvania consisting of 88 wind turbines. MWE contracted with RES America Construction Inc. ("RES") to construct the wind farm. RES claimed over $56 million in damages related to delays, scope changes, forced inefficiencies, and unforeseen subsurface conditions. MWE claimed over $19 million in delay liquidated damages under the contract. The litigation involved multiple forums, parties, subpoenas directed to non-parties, depositions, document productions, expert evaluations, and dispositive motions.

RES America Construction Inc. v. Mehoopany Wind Energy LLC and BP Wind North Energy North America Inc., No. 2013-430 (Ct. C.P. Wyoming Cty., Pa.); Mehoopany Wind Energy LLC v. RES America Construction Inc., Cause No. 2013-26637 (D. Tex., Harris Cty.)

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