White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. et al, No. 3:2017cv00355 - Document 311 (E.D. Va. 2020)
Court Description: OPINION. Signed by District Judge John A. Gibney, Jr. on 6/22/2020. (smej, )
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White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. et al Doc. 311 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division WHITE OAK POWER CONSTRUCTORS, Plaintiff, Civil Action No. 3:17-cv-00355-JAG MITSUBISHI HITACHI POWER SYSTEMS AMERICAS,INC., Defendant. OPINION In 2013, Mitsubishi Hitachi Power Systems Americas, Inc., agreed to provide certain materials to Old Dominion Electric Cooperative to build a natural gas power plant in Maryland. Under the parties' contract—called the Equipment Purchase Agreement ("EPA")—^Mitsubishi promised to provide two gas turbines, associated generators, and related components for the power plant project. The EPA contained several liquidated damages provisions under which Mitsubishi would pay Old Dominion for delays in document deliveries, equipment deliveries, and substantial completion. On June 2, 2014, Old Dominion entered into an Engineer, Procure, and Construct Contract with White Oak Power Constructors to build the plant. That same day, Old Dominion, Mitsubishi, and White Oak entered into an Assignment, Assumption, and Consent Agreement, which transferred most of Old Dominion's rights to White Oak. In essence, therefore, the EPA became a contract between White Oak and Mitsubishi. Mitsubishi and White Oak encountered various issues and delays throughout the course of the contract. On May 9,2017, White Oak filed this lawsuit against Mitsubishi, alleging breach of contract and seeking, in part, liquidated damages. Mitsubishi intends to introduce evidence of White Oak's actual damages to challenge the enforceability of the EPA's liquidated damages Dockets.Justia.com
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