Construction

We represent a wide array of companies involved in all aspects of the construction sector in the U.S. and Europe. Our clients include construction companies, equipment rental companies, home builders, and building material manufactures and suppliers.

We represent a wide array of companies involved in all aspects of the construction sector in the U.S. and Europe. Our clients include construction companies, equipment rental companies, home builders, and building material manufactures and suppliers.

Capital Markets

  • CFE:  Advised CFE in its public offering of €100 million aggregate principal amount of 4.75% bonds due June 2018.  The bonds are listed on Euronext Brussels.  CFE is a Belgium-based multidisciplinary construction group, active worldwide in the PPP-concessions, construction, real estate, multitechnical, rail & road and marine engineering sectors.

    Lennar Corporation: Represented various parties in multiple offerings by this Florida-based builder of affordable, move-up and retirement homes in 17 states, including:

    • Lennar as issuer in its offering of $500 million aggregate principal amount of its 4.750% Senior Notes due 2021.
    • Lennar as issuer in its offering of $400 million aggregate principal amount of its 4.875% Senior Notes due 2023.
    • J.P. Morgan as the sole underwriter in Lennar’s follow-on public offering of $250 million of senior notes.
    • the underwriters led by joint book-running Managers Citigroup Global Markets Inc., Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, BofA Merrill Lynch, Mizuho Securities USA Inc., RBC Capital Markets, LLC and Wells Fargo Securities, LLC. in Lennar’s $500 million offering of senior notes.
    • the sole book-running manager Citigroup Global Markets Inc. in Lennar’s $100 million offering of senior notes.
    • the underwriters led by joint book-running Managers Citigroup Global Markets Inc., J.P. Morgan Securities LLC, Deutsche Bank Securities Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Wells Fargo Securities, LLC, BMO Capital Markets Corp. and UBS Securities LLC in Lennar’s $400 million offering of senior notes.
    • the initial purchasers, led by Citigroup Global Markets, Deutsche Bank Securities and J.P. Morgan Securities, in Lennar’s $450 million 144A offering of senior notes.
    • the initial purchasers, led by Deutsche Bank Securities, BofA Merrill Lynch and UBS Investment Bank, in Lennar’s Rule 144A $350 million offering of senior notes.

    WCI Communities, Inc.: Represented Monarch Alternative Capital LP and Stonehill Capital Management LLC in an underwritten secondary offering of shares of WCI Communities, Inc.

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Litigation

  • Shaw Group, Inc.: Conducted an internal investigation on behalf of the audit committee of Shaw, a Fortune 500 provider of piping systems, engineering procurement and construction services.

    Suitt Construction v. Bank of Nova Scotia: Represented Bank of Nova Scotia in a lien priority dispute with Suitt, a national leader in design-build and a founding member of the Design-Build Institute of America.

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Mergers & Acquisitions, PE & VC Investments, Joint Ventures and Other Business Combinations

  • Kiloutou/Bergerat Monnoyeur (BM Location): Advised Kiloutou on its acquisition of BM Location, the third-largest general rental company for civil works equipment in France and part of the Cat Rental Store network in Europe.

    PAI partners SAS: Represented this private equity firm, one of the longest established in Europe, in multiple construction industry transactions, including its

    • €2.1B disposition of SPIE, the European leader in electrical, mechanical engineering, HVAC services, energy and communication systems, to a consortium led by Clayton, Dubilier & Rice together with AXA Private Equity and Caisse de dépôt et placement du Québec.  At the time, the transaction was the largest leveraged buyout in France since the 2008 financial crisis.
    • €535 million acquisition of controlling interest in Kiloutou, a construction equipment rental company engaged in the leasing of DIY heating, air conditioning, and gardening equipment to building trade professionals, civil engineering firms, manufacturers and individuals.

    Peter Kiewit Sons’, Inc.: Represented Kiewit, one of the largest and most respected heavy construction and mining organizations in North America, in multiple transactions, including its sale of stock and assets comprising parts of the Continental Can Company.

    Rexel/Société Commerciale Toutelectric (SCT): Advised Rexel, a global leader in the distribution of electrical supplies, on the competition aspects of its acquisition of the assets of rival SCT, an electrical supplies distributor operating in the southwest of France.  The French Competition Authority—Autorité de la Concurrence—approved the deal with no conditions.

    United Subcontractors, Inc. (USI): Represented United Subcontractors, Inc. in its agreement to be acquired by Hennessy Capital Acquisition Corp. II (HCAC) for approximately $348.5 million.

    Warburg Pincus/Total Safety: Represented Warburg in connection with its acquisition of all of the outstanding equity interests of Total Safety in a leveraged buyout. Total Safety, with more than 70 locations worldwide, is a leading global provider of integrated industrial safety services, strategies and equipment necessary to keep workers, facilities and the environment safe.

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Other Significant Matters

  • Altia Technology SA: Advised the French manufacturer and marketer of industrial equipment on the restructuring of its €25 million indebtedness.

    French A63 Toll Road: Advised the lenders in the refinancing of the French A63 toll road (between Gironde and Landes), which involved a €860 million credit facility with a 25-year maturity made available to Concessionaire Atlandes.

    Groupe VIAL SA: Represented the Vial woodwork group in its financial restructuring.

    Mechanically Locking Floor Panels Manufacturer: Successfully defended a major European manufacturer and two of its licensees in the ITC and the Court of Appeals for the Federal Circuit against claims for infringing three patents relating to methods and apparatuses for mechanically locking floor panels. The ITC properly construed the patent claims as not covering the clients’ products.

    Pike Corporation/Court Square Capital Partners: Represented BofA Merrill Lynch as financial advisor to the Special Committee of the Board of Directors of Pike Corporation, one of the nation's largest specialty construction and engineering firms serving the electric power industry, in the sale of the company to Court Square Capital Partners in partnership with J. Eric Pike, Pike’s Chairman and Chief Executive Officer.

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