BVCI Wins Dismissal of Boldt’s Wind Project Lawsuit

Case Background
On August 2, 2019, The Boldt Company and Black & Veatch Construction, Inc. (BVCI) entered into a subcontract for the Cardinal Point Wind Power Project in Good Hope, Illinois. Boldt agreed to erect wind turbine generators (WTGs) at the site. BVCI’s responsibilities included building access roads, crane pads, and coordinating component deliveries. Boldt’s role involved off‑loading and assembling turbine components using all‑terrain and heavy cranes.
Cause
Delays and miscoordination began immediately. Delivery schedules faltered, components arrived poorly sequenced, and BVCI failed to prepare stable crane pads and access roads. BVCI used unconventional composite mats over soft soil instead of engineered fill. Boldt reported unsafe conditions and offered alternative engineering plans. BVCI continued with deficient infrastructure. Eventually, unsafe ground conditions halted operations. BVCI removed Boldt from off‑loading duties and ultimately terminated Boldt’s work on forty turbines without factual basis.
Injury
Boldt lost its ability to perform contracted work due to BVCI’s failures. The company suffered operational disruption, wasted mobilization efforts, and unrecouped labor costs. Team morale and workflows deteriorated as site conditions deteriorated. Boldt could not safely complete turbine erection at multiple locations. The termination prevented delivery of the project scope under the subcontract.
Damages
Boldt calculated incurred costs at $7,216,553 in labor, materials, overhead, and profit. The company also sought interest at 5% annually from the termination date, plus attorney fees and dispute resolution costs. Boldt claimed losses from schedule delays, safety-based delays, and incomplete WTG installations. It also requested compensation for demobilization expenses and unpaid work.
Claims
Count I – Breach of Contract: Boldt claimed BVCI breached multiple contractual obligations, including failure to provide adequate crane pads, roads, and coordination. Boldt argued BVCI misused backfill, refused schedule relief or cost adjustments, and wrongfully terminated Boldt’s scope of work. The plaintiff demanded payment, interest, and fees.
Count II – Quantum Meruit: Boldt asserted that it furnished labor, materials, and services that benefited BVCI. Boldt alleged BVCI accepted those benefits without paying. It argued unjust enrichment and requested compensation for the reasonable value of its work.
Boldt sought final judgment for contractual and equitable recovery, along with all permitted interest, costs, and attorney fees.
Defense
BVCI (Black & Veatch Construction, Inc.) defended against Boldt’s claims by asserting that Boldt had breached the subcontract, thereby relieving BVCI of its own obligations. BVCI argued that Boldt had failed to mitigate damages due to mismanagement, ineffective planning, and a lack of understanding of the applicable procedures.
BVCI also contended that, because a written subcontract governed the relationship between the parties, Boldt could not recover under a theory of quantum meruit. BVCI denied many of Boldt’s factual allegations, including those related to coordination failures, site conditions, and responsibility for project delays.
Jury Verdict
The court granted summary judgment in favor of Defendant Black & Veatch Construction, Inc. on Plaintiff. The Boldt Company’s claim, meaning Boldt’s claim was dismissed without proceeding to trial.
Court Documents
Court documents are available for purchase upon request at Jurimatic@exlitem.com