Energy & EPC Matters
Energy projects are some of the most complex projects built and the issues that arise on these projects require specialized knowledge that comes only from experience. Alston & Bird lawyers have extensive experience with both U.S. and international energy projects and can help clients anticipate, avoid and/or mitigate the problems that arise on these projects. In addition, based upon its “troubled project” experience, Alston & Bird lawyers are well equipment to prosecute and defend the significant claims that frequently arise on these projects. Representative examples of Alston & Bird’s applicable experience are listed below.
Counseling
- Represented a China-based power company in the development of integrated gasification combined cycle (IGCC) power plants in China, including license and service agreements with Western providers.
- Represented a London-based owner in the negotiation of multiple EPC and other contracts for a $400 million tunneling and hydroelectric power project in the Peruvian Andes.
- Represented a part-owner in the negotiation of EPC and related agreements for the $12 billion addition of two reactors to a nuclear power facility in Georgia.
- Represented an independent power producer in the negotiation of an alliance agreement and EPC agreement for the $1.2 billion addition of air-quality control systems to three coal-fired electric power stations in Maryland.
- Represented a developer in the negotiation of design and construction agreements for the conversion of a coal-fired electric power plant to biomass.
- Represented an owner/developer of merchant electric plants in negotiations with EPC contractor for $180 million gas-fired facility.
- Represented a Fortune 100 industrial company in negotiating EPC contracts for facilities and facility improvements throughout the United States.
- Represented the owner in negotiating an EPC contract for a $90 million electric power plant in Georgia.
- Represented the owner in negotiations with an EPC contractor for $120 million electric power plant in Florida.
- Represented an independent power producer in negotiating an EPC contract for gypsum extraction facilities at power plants.
- Represented an EPC contractor in the negotiation of finance/design/build/own/operate/transfer (FDBOOT)) agreements for municipal wastewater treatment facilities in Illinois, Florida, Hawaii and California.
- Represented Georgia and Texas-based electric power producers in the negotiation of engineer/procure/construct (EPC) contracts for power generation facilities.
- Represented a national power supplier in drafting an EPC contract for construction of a power plant in California.
- Represented a U.S. owner in the negotiation of EPC agreements for two manufacturing facilities in China.
- Represented an owner in negotiations with an EPC contractor for an $80 million simple-cycle, gas-fired, electric power plant.
- Represent a utility in parallel negotiations with three contractors for an EPC contract for two combined-cycle electric power generation facilities.
- Represent an Australian manufacturer in negotiating EPC contracts for facilities in Indiana, Oklahoma, and Trinidad and Tobago.
- On behalf of an owner, prepared EPC contract documents for an acetylene pipeline project in Houston.
- Provided seminars to an international energy company’s project managers in the United States, Europe and Asia on the subject of “Troubled Projects.”
- Provided seminars to construction companies and law firms in China on the subject of “International EPC Contracts for Large Energy and Infrastructure Projects.”
- Provided seminars at national conventions and conferences of power industry professionals on the subject of “Project Risk Mitigation in EPC Contracts for Power Projects.”
- Represented an international contractor in the successful negotiation of a $13 million additive change to an EPC contract for the modernization of a hydroelectric, pumped storage, generating facility.
- Represented an EPC contractor with respect to suspensions of work and slowdowns on several electric power plant projects throughout the United States.
- Provided “Claims Mitigation” seminars in U.S., Europe and Asia to an international turbine supplier/contractor’s project management employees.
Construction Claims
- Currently represent an owner in federal court litigation with an EPC contractor over the cost of installing wet scrubbers in three power plants in Maryland.
- Represented a U.S. energy company in multijurisdictional litigation involving $40 million in delay and defect claims on an electric power plant project in Massachusetts.
- Represented the design/build contractor in connection with the prosecution of $21 million in claims arising out of the construction of a natural gas compression plant in Dubai.
- Defended an EPC contractor against $20 million in claims for contract balance and scope changes on two combined-cycle power plants in Los Angeles.
- Represented a German EPC contractor in ICC arbitration involving $35 million in claims on a chemical process plant in Trinidad and Tobago.
- Represented an Austrian EPC contractor in litigation involving a wastewater treatment facility in Georgia.
- Represented an EPC contractor in litigation involving a municipal fluidized-bed incinerator in Georgia.
- Represented a wind turbine manufacturer in connection with claims that the turbines did not meet specification requirements.