Recovery From Surety and Professional Liability Carrier for Defective Turbine and Biomass Energy Facility Components

Our client developed a biomass fired cogeneration power facility to sell power back to the grid and to support its sawmill operations. As part of this project, it entered into a $13+ million contract with the Defendant to supply key components including the fuel delivery systems, combustor, boiler, turbine- generator and related controls and equipment. The core of the case involved a defective turbine and inefficient combustor. The turbine was rejected as a non-conforming good. The Defendant filed for bankruptcy and we pursued performance bond surety and its professional errors and omissions insurer in the U.S. District Court for the District of Maine in July 2020. .

The client was thrilled with the outcome and our ability to achieve a favorable resolution with only limited deposition discovery, well in advance of trial.