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Power Project Construction

Power Project Construction

Every Type of Construction Contract.  Our attorneys regularly assist clients with structuring, drafting and negotiating a wide range of standard and specialized contracts relating to the development of power-generation projects, including:

  • Turnkey Engineering, Procurement and Construction (EPC) contracts
  • Design-Build Contracts
  • Engineering Services Agreements
  • Consulting Services Agreements
  • Project Management Agreements
  • Major and Minor Equipment Procurement Agreements (including for wind turbines, gas turbines, steam turbines, HRSGs, transformers, emissions control modules, chillers, etc.)
  • Construction Services Agreements
  • Balance of Plant (BOP) Agreements
  • Build-Operate-Transfer (BOT) Contracts
  • Combinations/hybrids of the foregoing

Every Type of Power Project.  Our power construction experience includes work for clients on the following types of projects (including domestic and international):

  • Traditional fossil fuel projects (gas-fired, coal, IGCC)
  • Greenfield developments
  • Brownfield developments – including re-power projects
  • Renewable energy projects (wind, solar (PV and CSP) and biomass)
  • Nuclear power projects
  • Short-range and long-range transmission lines
  • Switchyards and substations
  • Gas-turbine low NOx burner retrofits
  • Gas-turbine SCR retrofits
  • Coal plant baghouse and scrubber retrofits

Various Risk Allocation Mechanisms.  Our experience and market knowledge enable us to help our clients create contract structures that meet their particular project’s objectives.  In addition to adeptly moving from turnkey EPC Contracts to integrated multi-prime contract structures, we are also skilled in customizing creative payment mechanisms (and thus, contractual risk allocation schemes) that enable our clients to ensure maximum price efficiency from their project contractors.  Examples of such structures include:

  • Traditional lump-sum fixed price (with payment milestones, schedules of values or hybrid combinations)
  • Cost-plus pricing (with or without guaranteed maximum-price)
  • Open-book pricing, with customized risk sharing/allocation (capped or un-capped, or hybrid)
  • Open-book engineering, reverting to closed-book procurement and construction
  • Hybrid turnkey-wrap contract with direct-payment-to-OEM escrow structure

Our Services:  For any given project, we regularly help our clients:

  • Analyze and develop their project completion strategy, including in the context of their schedule and applicable financing approach
  • Develop and issue requests for proposals (RFPs), including form contracts
  • Analyze bidder responses to RFPs and help clients in creating bidder short-lists 
  • Negotiate agreements, including proactive control of the drafting process for maximum client protection and efficiency
  • Lead the process of deal finalization and execution
  • Apply and enforce post-execution the terms of their contracts, including:
  • negotiation of contentious change orders regarding price increases and schedule delays
  • arranging or calling upon letters of credit or other performance securities
  • asserting warranty claims and negotiating completion of punch-list items

Project Awards

  • We served as lead EPC counsel for Topaz Power Group in connection with the Laredo/Barney Davis/Nueces Bay Portfolio of Projects; these projects won Project Finance Magazine’s Portfolio Deal of the Year Award (2008).  <Click here to learn more
  • We served as lead EPC counsel for Portland General Electric in connection with its Port Westward Gas-Fired Power Plant Development, which won First Runner-Up for Pennwell’s Project of the Year Award, 2007. 

Representative Transactions:  Our attorneys have represented electric power companies in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the following projects:

  • Development of a 10 MW photovoltaic solar power facility in Dover, Delaware using SunPower Corp. technology
  • Proposed development of 280 MW concentrated solar-trough power plant in Arizona
  • Brownfield development project involving the addition of two new AP1000 nuclear power generating units to the existing Plant Vogtle Electric Generating Plant in Waynesboro, Georgia
  • Proposed development of the North Anna 3 Nuclear Power Station in Virginia
  • Greenfield development of gas-fired power project in Anaheim, California, utilizing GE LM6000 gas turbines
  • Development of 500 mile high-voltage transmission line in Nevada
  • Development of 200 miles of overhead transmission lines in Texas
  • Development of 32-mile high-voltage transmission line in California
  • Proposed development of 100 MW wind farm in North Dakota
  • Development of a 100 MW wind farm in West Virginia, utilizing GE wind turbines
  • Greenfield development of 100MW wind farm in Pennsylvania, utilizing 68 GE wind turbines
  • Development of a 49 MW wind farm in California, utilizing Mitsubishi wind turbines
  • Development of a 150 MW turbine wind farm in Fox Hill, Pennsylvania, utilizing GE wind turbines
  • Development of first-of-its-kind biomass gasification facility designed to produce 35MW of power and 640 barrels per day of renewable synthetic fuels
  • Development of 42MW biomass gasification facility in Florida
  • Brownfield development of a 575 MW gas-fired power generation facility in Wyandotte, Michigan
  • Brownfield re-powering of two gas-fired power projects (adding two GE 7FAs and related HRSGs to 30-year-old GE steam turbine) in Corpus Christi, Texas
  • Brownfield re-powering of coal plant in Atlanta, Georgia, retiring coal-generation assets and replacing same with Mitsubishi gas turbines
  • Greenfield development of 538 MW gas-fired power plant in Brazos, Texas, utilizing 3 GE 7FA gas turbines
  • Greenfield development of 650 MW gas-fired power plant in Kingman, Arizona, utilizing 4 GE 7FA gas turbines and 2 Toshiba steam turbines
  • Brownfield development (after demolition of prior plant) of 200 MW gas-fired power plant in Laredo, Texas, utilizing two GE LMS100 gas turbines (the second commercial use of these turbines in the USA at the time of initial operation)
  • Greenfield development of 250MW gas-fired power plant in Antofagasta, Republic of Chile, utilizing Ansaldo gas turbines 
  • Greenfield development of 100 MW gas-fired power plant in Niland, California, utilizing two GE LM6000 gas turbines 
  • Proposed development of a gas-fired power plant in San Severo, Italy, utilizing two GE 9FA gas turbines 
  • Proposed development of a gas-fired power plant in Portogruaro, Italy, utilizing two GE 9FA gas turbines 
  • Greenfield development of 309 MW gas-fired power plant in Neenah, Wisconsin, utilizing two GE 7FA gas turbines 
  • Greenfield development of 400 MW gas-fired power plant in Port Westward, Oregon, utilizing a new Mitsubishi G-series gas turbine 
  • Greenfield development of 837 MW gas-fired power plant in Zeeland, Michigan, utilizing 6 GE 7FA turbines and 3 GE D11 steam turbines 
  • Greenfield development of 260 MW gas-fired power plant in Georgia, utilizing two GE 7FA gas turbines 
  • Greenfield development of 810 MW gas-fired power plant in Jackson County, Georgia, utilizing GE gas turbines 
  • Greenfield development of 260 MW gas-fired power plant in Wansley, Georgia, utilizing GE gas turbines
  • Proposed procurement of multiple GE LMS100 gas-fired turbines for a project near Ankara, Turkey 
  • Proposed procurement of two Siemens 501F gas-fired turbines for a proposed project in Bridgeport, Connecticut 
  • Proposed greenfield development of a 300 MW gas-fired power project in Rio Bravo, Mexico