Overview
(May 3, 2022, New York) — Steptoe & Johnson LLP obtained a major victory for client Vergnet on April 26, 2022 when the New York Supreme Court, Albany County granted Vergnet’s motion for summary judgment and dismissed over $8 million in claims brought by the New York State Thruway Authority against Vergnet arising out of a wind power project in Buffalo, NY.
The Thruway Authority brought the case after four wind turbines manufactured and supplied by Vergnet suffered various mechanical problems. In addition to Vergnet, the Thruway Authority sued its design engineers, installation contractor, and inspecting engineers. Dismissal came after two years of extensive discovery.
Steptoe proved that Vergnet's turbines were properly manufactured and installed. Steptoe proved that the problems experienced by the turbines were caused exclusively by excessive wind turbulence at the Thruway Authority's sites, which was far higher than the turbines' design parameters. Surveying turbulence was the Thruway Authority and its engineers' responsibility, not Vergnet's. In fact, Vergnet had warned the Thruway Authority and its engineers to measure turbulence and the Thruway Authority agreed to exclude any damage caused by excessive turbulence from Vergnet’s warranty.
Vergnet is a global renewable energy solutions company headquarted in Orleans, France, with a track record of delivering high-performing, reliable and affordable clean energy turnkey projects around the world.
The Steptoe team included Chris Paparella and Justin Ben-Asher.
About Steptoe
In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, Hong Kong, London, Los Angeles, New York, San Francisco, and Washington. For more information, visit www.steptoe.com.
