Construction and Energy Law

Contract Development and Delivery Models
In the ever-evolving construction, real estate development and engineering landscape, our team crafts sophisticated contract documents that are tailored to a variety of project delivery models. Our services include:

• Contract Drafting and Negotiation: We draft and negotiate customized agreements and utilize industry-standard forms (AIA, ConsensusDocs, EJCDC, CMAA) for various delivery models such as:
  • Lump Sum General Contracting: Contracts where the contractor agrees to complete the project for a fixed price, covering all specified work. These contracts are suited for projects with well-defined scopes and low uncertainty.
  • Construction Management Agreements: Tailored agreements offering options for guaranteed maximum price (GMP), where the construction manager commits to delivering the project within a stipulated maximum price, providing cost savings and flexibility in project execution.
  • Engineering, Procurement, and Construction (EPC) Contracts: Comprehensive agreements where a single contractor handles the entire project lifecycle from design to construction, ideal for turnkey projects requiring integrated delivery.
  • Engineering, Procurement, Construction Management (EPCM) Contracts: Contracts where the EPCM contractor manages and coordinates the project on behalf of the owner, suitable for complex projects requiring detailed oversight and phased execution.
  • Design-Build Contracts: Agreements that streamline project delivery by combining design and construction responsibilities under one contract, promoting efficiency and accountability.
  • Public-Private Partnerships (P3s): Structuring and negotiating agreements for public-private partnerships, facilitating collaboration between governmental entities and private sector partners for large-scale infrastructure and development projects.
• Delivery Model Advisory: We provide strategic guidance on selecting and implementing the most effective delivery models based on project complexity, client objectives, and risk management considerations, providing tailored solutions for unique and complex projects.
• Real Estate Development: We work closely with the firm’s Real Estate Department and provide advice and consultation on a variety of construction-related contract matters as they relate to lease agreements, loan documents, environmental issues, and other development matters that may arise. Likewise, when appropriate, we can call upon the firm’s deep bench of subject matter specialists to assist our clients.

Project Assistance and Claims Management
Our attorneys offer essential support from project inception to completion, managing key aspects such as:

• RFP and Bid Management: We assist clients in preparing and responding to Requests for Proposals (RFPs), developing bid packages, and managing the contract award process. Our expertise assists with compliance, competitiveness, and strategic alignment with project goals.
• Project Controls and Documentation: We develop robust project administration processes, including the creation of insurance criteria, bond programs, and project controls to manage costs, schedules, and performance metrics. Our detailed documentation supports effective project oversight and execution.
• Claims Handling: Our team manages claims related to change orders, delays, disruptions, lost productivity, defective construction, unforeseen conditions, and other complex issues. Our proactive approach aims to resolve claims efficiently, prevent escalation into disputes, and defend project timelines and budgets.

Dispute Resolution
We resolve disputes that arise from construction and engineering projects, protecting our clients’ interests through:

• Alternative Dispute Resolution (ADR): We employ mediation and arbitration to achieve efficient and equitable resolutions, reducing the need for prolonged litigation and maintaining project momentum. Our ADR strategies are designed to preserve relationships and focus on practical solutions.
• Litigation: When necessary, we provide vigorous representation in state and federal courts, contract appeals boards, and arbitration panels. Our litigation practice covers complex issues such as change order disputes, delay claims, disruptions, and defects, to help protect our clients’ rights and interests, with a focus on achieving favorable outcomes.

Energy Infrastructure Services

We offer legal services to support the full spectrum of energy infrastructure projects:

EPC and EPCM Process Expertise
Our attorneys have extensive experience with the EPC and EPCM processes, providing comprehensive legal support to support the successful development and management of energy projects:

• EPC and EPCM Contract Development: We draft and negotiate contracts for Engineering, Procurement, and Construction (EPC) and Engineering, Procurement, Construction Management (EPCM) projects. Our agreements clearly define roles, responsibilities, and risk allocations, covering every aspect from design and procurement to construction and commissioning. This approach supports integrated delivery and effective project management.
• Dispute Management: We handle disputes related to EPC and EPCM projects, including performance issues, cost overruns, schedule delays, and defective construction. Our focus is on resolving disputes efficiently to keep projects on track and minimize financial impact.
• RFP Preparation and Responses: We guide clients through the preparation and response to RFPs, helping to facilitate that proposals are compliant, competitive, and aligned with project objectives.

Transmission and Distribution Expertise
Our firm provides in-depth legal support for transmission and distribution (T&D) infrastructure projects: 

• Contract Drafting and Negotiation: We develop contracts for T&D projects, including transmission lines, substations, and distribution networks, addressing regulatory requirements and operational challenges. Our contracts are designed to facilitate smooth project execution and regulatory compliance.
• Dispute Resolution: We manage disputes related to transmission and distribution, such as rights-of-way, grid access, and interconnection agreements, using our expertise to resolve issues efficiently and protect client interests.

Project Development and Finance
We support the development and financing of energy projects with a focus on:

• Project Documentation: Our attorneys prepare comprehensive agreements and documentation that facilitate project development, to help support that all aspects of the project are legally sound and financially viable. We cover everything from initial feasibility studies to financial close.
• Risk Evaluation and Delivery Recommendations: We assess project risks and provide recommendations on the most suitable delivery methods to achieve successful project outcomes. Our evaluations consider technical, financial, and regulatory factors to optimize project execution.

Claims Management
We handle energy-specific claims and disputes with a focus on effective resolution and cost management:

• Claims Management: Our team addresses claims involving delays, defects, performance issues, and cost escalations, working to resolve these disputes quickly and minimize project disruption. We focus on protecting client interests while maintaining project momentum.
• Dispute Resolution: We employ mediation, arbitration, and litigation to resolve complex disputes, to help protect our clients’ investments while maintaining project continuity. Our strategies are tailored to achieve the best possible outcomes while minimizing the impact on ongoing operations.

Renewable Energy and Sustainability
Our practice is deeply involved in the renewable energy sector, providing cutting-edge legal guidance for sustainable energy projects.

Development of Renewable Energy Projects
We support the growth of renewable energy with expertise in:

• Wind and Solar Projects: Our attorneys assist in the development of wind farms and solar installations, covering regulatory compliance, land acquisition, and project financing. We provide assistance with legal requirements to help with the positioning of projects for long-term success.
• Battery Storage and Biofuels: We represent clients in battery storage projects and biofuel developments, providing legal advice on emerging technologies and market integration. Our support covers everything from initial planning to operational launch.
• Regulatory Compliance and Funding: We guide clients through the complex regulatory landscape for renewable energy and assist in securing funding from public and private sources.

Grid Modernization and Distributed Generation
We facilitate advancements in grid technology and distributed generation:

• Innovative Solutions: Our firm advises on state-of-the-art technologies for grid modernization, including smart grids, energy storage, and microgrids, enhancing grid reliability and efficiency. We provide strategic guidance on implementing these technologies to optimize energy distribution.
• Support for Developing Markets: We help clients deploy energy solutions in developing regions and remote areas, addressing the unique challenges of these markets. Our services support sustainable energy infrastructure development tailored to local needs.

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