Construction Practice Team
- Negotiated critical procurement contracts on behalf of A&E firm for engineered equipment, materials, and services (including boilers, HRSGs, steam turbines, combustion turbines, AQCS equipment, major pumps, diesel generator sets, transformers, cooling towers, condensers, logistics and transportation, construction services, etc.) ranging from $25,000 to $300 million in both national and international forums, including Russia, the Czech Republic, Japan, and France.
- Represented provider of performance-based energy savings features to major university against subcontractors for breach of contract, failure to provide notice of claims, unforeseen or changed site conditions, and failure to comply with change order provisions in California state court and Kansas arbitration.
- Represented major university in negotiations against utility and EPC contractor for $15 million energy-savings project in Arizona.
- Represented owner in litigation regarding failure to pay, delay, cost overruns, and third-party indemnity claims pertaining to the construction and installation of liquefied petroleum transmission lines and pipeline construction (trenching and horizontal drilling) in Michigan, Illinois, and Indiana.
- Represented Louisiana manufacturer and supplier against contractor for breach of contract in burner retrofit and remediation of Iowa power plant in Iowa state court.
- Represented Kansas ethanol plant owner against Kentucky EPC contractor in $6 million dispute regarding construction defects, performance failures, and delay in Kansas arbitration.
- Represented Arizona subcontractor and provider of directional drilling and pipeline services against owner and Oklahoma general contractor regarding breach of contract claims, claims for unforeseen or changed subsurface conditions, and defended same against delay and impact claims in Alabama federal court.
- Negotiated complex project development agreements, including EPC and financing arrangements in excess of AUD $1 billion for over 1200 megawatts of power for a consortium between Alcoa and Alinta Gas in Western Australia.
- Represented Illinois heavy equipment and pipeline contractor in dispute against owner for failure to provide and construct pipeline materials per design specifications and for failure to meet performance guarantees in Illinois state court.
- Developed and documented standardized downstream procurement contracts for major A&E firms for national and international procurement.
- Advised major A&E firm regarding procedures and processes for contracting in construction projects with cost exceeding $1 billion over a 15-year period, including contracts for the development of power plants both nationally and internationally.
- Developed and negotiated prime and downstream EPC contracts, EPT, GC, EPCm, trade contracts, services contracts, architectural contracts, owner’s engineer contracts, lump sum, fixed fee, cost plus a fee subject to GMP, open-book, and labor and material structures contracts for A&E firm relating to power generation and renewable fuel projects to be used nationally and internationally.
- Represented A&E firm in negotiations regarding co-generation power plants, ethanol production facilities, simple and combined cycle power plants, nuclear power plants, coal plants, hydro-power generation stations, and diesel power generation facilities in multiple jurisdictions around the world.
- Drafted and negotiated contract documents on behalf of A&E firm for the sale/procurement of labor, products, materials, equipment, and professional services for the energy and infrastructure sectors, including single and combined cycle power plants, nuclear plants, coal plants, co-generation projects, peak-power hydro-lift plants, water treatment and desalination projects as well as transportation hubs for domestic and international transactions in both national and international forums.
- Developed and negotiated EPC contracts on behalf of Missouri ethanol owner against EPC contractors including Delta-T, Fagen, Katzen International, ICM, Lurgi PSI, and others for projects in Missouri and Illinois.
- Reviewed and analyzed power purchase agreements and associated transactions on behalf of European independent power producer as part of due diligence for the procurement of power plants, including a “peaker” power plant in California, and a coal plant in Eastern Europe.
- Reviewed and analyzed terms and conditions on behalf of Eastern European smelter owner for purchase of power plant in Montenegro.
- Developed and executed 12-week (24-hour total class time) training program for A&E firm covering all aspects of industrial construction contracting, including negotiation techniques, contract basics, as well as industry-related issues such as insurance, indemnity and liability, scheduling (critical path method), claims management, and avoidance and project management.
- Advised international engineering firm regarding negotiation and documentation of procurement contracts for power plant components including negotiations with French and Japanese suppliers for industrial boilers and turbines valued in excess of $400 million.
- Represented electric power wholesale generator in connection with all aspects of development and construction of 1,000 MW natural gas-fired steam generation plant in Arizona.
- Represented U.S. power producer in connection with contracts for wind and solar generation projects in Arizona and Mexico.
- Advised international conglomerate regarding project documentation on the development of a $1 billion combined cycle gas-fired power station in Azerbaijan.
- Advised U.S. power company regarding climate change regulations affecting construction projects in Hong Kong.
- Assisted Australian project consultant regarding conditions of contract with the Singapore Utilities Authority regarding extensive gas pipelines in Singapore.
- Construction Practice Team