Complex contracts are often the linchpin to a successful project.

Our experienced team has sophisticated expertise negotiating the full range of design, construction, purchase, supply, and sale contracts. Our clients’ projects include a wide range of large-scale projects from multi-billion dollar transportation projects to interstate pipelines, and all types of electric generation projects, including renewable and conventional energy.

The scope of our contract expertise includes:

  • Build Own Transfer Agreements
  • DBOM, Design Build, Design Bid Build
  • Development Services and Construction Management Agreements
  • Engineering, Procurement, and Construction Agreements
  • Equipment Supply and Acquisition Agreements
  • Fuel Supply Contracts
  • Gathering, Processing, and Transportation Agreements
  • Interconnection and Transmission Agreements
  • Land Acquisition and Lease Agreements
  • Master Services Agreements
  • Operation and Maintenance Agreements
  • Product Sale and Marketing
  • Pre-Paid, Commercial Offtaker and other Non-Traditional Power Purchase Agreements
  • Public Private Partnership Agreements
  • Shared Facilities Agreements
  • Solar Development Services Agreements
  • Tolling Agreements
  • Utility Power Purchase Agreements
  • Wind Data License Agreements
  • Wind Turbine Supply and Commissioning Agreements

Project Development Client Results

Construction Design Transactions
  • Drafted and negotiated a complex set of contracts on behalf of the owner a $400M nickel/cobalt mine to be built in Cameroon, Africa.  The project includes a unique leaching operation, power plant, ball mill and extraction facilities, and associated infrastructure such as roads, buildings and utilities. 

  • Drafting contracts for the expansion of a large food-processing plant in New Mexico ($500M per year in sales).  The contracts contain elaborate performance specifications, liquidated damage provisions and schedule incentives, along with multiple mechanical completion, testing and startup operations.

Construction Litigation
  • Successfully defended a top-25 ENR engineering firm in a contract, standard of care, and overbilling dispute with a local water district. The District contended the error required an entirely new pump station, while the firm contended the problem was easily fixable. The District indeed replaced the pump station before trial, yet the jury awarded only the cost of the firm's easy repair (an amount that equaled approximately 3% of the District's claim). The jury handed down a complete defense verdict for the firm on the overbilling claim.

Oil and Gas Industry
  • Represented Paradigm Energy Partners, LP in the negotiation of gathering and transportation agreements and various connection agreements for pipelines in the Bakken and the Eagle Ford Shale.

  • Represented DCP Midstream, LP in the drafting and negotiation of infrastructure-related contracts in connection with the expansion of its gathering and processing facilities in Texas, Oklahoma, New Mexico, and Kansas, including the negotiation of engineering, procurement, and construction services agreements, procurement agreements for purchases of line pipe and other midstream-related materials, and electricity supply contracts for processing plants.

Representative Transactions
  • Represented developers in negotiation of wind turbine supply agreements and EPC contracts for multiple wind farms located in Alaska, Idaho, Kansas, Michigan, Montana, Pennsylvania, Texas, and Wyoming, representing almost 2.2 GW of nameplate capacity.
  • Represents oil and gas midstream companies in connection with negotiation of EPC contracts, master services agreements, and gathering and processing agreements.
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One of nine firms nationwide named in 2017 by leading legal decision makers for “standout collaboration”

Ranked in Chambers Global 2018

Recognized by Chambers Global 2018: Projects: Renewables & Alternative Energy - USA

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