Global Construction Materials

Ahead of the Curve on Compliance, Investigations,
and Litigation

Today’s regulatory and enforcement environment for cement, concrete, asphalt, and
aggregate companies is intense and unforgiving. Now more than ever, a dedicated focus
on compliance will prevent costly and debilitating crises brought on by government
investigations. In addition, the combination of increased enforcement initiatives
and tough economic and competitive landscapes may lead to high-stakes litigation.
A company’s ability to survive and prosper in these conditions absolutely depends on
an aggressive and proactive strategy.

In the last several years our attorneys have successfully handled over 100 matters and
disputes for construction materials clients across the United States. Because of our
record of success, these clients turn to us both to resolve problems and to prevent them
in the future.

We focus on the following core areas:

Representative Experience

• Reaching global resolution for client on allegations of specification deficiencies on Boston’s “Big Dig” project

  Working with leading engineers, our team represented a major ready-mix concrete provider to marshal the relevant facts and data, then to persuade the government of the limited scope of product specification non-compliance on the $15 billion public works project. We then negotiated a global settlement with federal and state agencies that avoided suspension or debarment for the company.

• Dismissal of product liability claims

  For a major cement supplier, our zealous advocacy resulted in the outright dismissal of two multimillion dollar product liability claims that incorrectly asserted our client’s responsibility for product contamination.

• Successful no-liability resolution of alkali-silica reactivity dispute

  Our deft handling on behalf of an aggregates supplier of a dispute on a high-profile Amtrak project beset with ASR issues resulted in a no-liability resolution for the client.

• Spearhead and implement global corporate compliance plans

  Our group has designed company-wide compliance plans for national and international firms in the construction materials sector. We formulate these policies not only to assure consistency with the Federal Acquisition Regulations and the compliance principles adopted by most regulators in the U.S. and the EU, but also to fashion the plans to encompass best practices specifically aimed at the client’s unique compliance challenges.

• Lead compliance audits and trainings to avoid government investigations

  We located and corrected problems for a construction materials company before they became the subject of a government investigation. Our attorneys analyzed bidding practices, ticketing and invoicing, interface with public officials (including gifts and gratuities practices and political contributions), and wage compliance, among other subject areas. In addition, we revamped the company’s compliance program and trained its newly-hired regional compliance officers.

• Advise on Foreign Corrupt Practices Act (FCPA) compliance and implementation

  We have advised numerous businesses operating overseas on how to avoid the risks associated with the FCPA, a statute that has become the number one white collar enforcement priority for the Department of Justice. Our FCPA compliance programs and training sessions have become instrumental components of our international clients’ overall compliance and ethics programs.

• Thwarting large-scale product diversion and theft

  Our internal investigation at a U.S. manufacturing headquarters of an international construction materials company resulted in identifying the individuals responsible for ongoing thefts of millions of dollars of materials. The employee involved was terminated and the theft ring referred for prosecution. In addition, we designed corporate controls to prevent future product thefts and diversions.

• Streamlining and integrating policies for corporate restructuring

  For a global materials conglomerate, we counseled the client on how best to standardize disparate corporate policies of newly acquired U.S. subsidiaries into a unified enterprise risk management platform.

Please click here to view a pdf of our Global Construction Materials practice brochure.