Biography
For over 25 years, Jason Boffey has worked within the construction industry. First, after graduating from the University of Florida’s Rinker School of Construction Management, Jason served as a manager of major construction projects. Subsequently, after graduating from the University of Florida’s Levin College of Law, Jason began his practice as a litigator in the construction industry with a focus on mega-disputes. His construction skills and interest in the energy sector then led Jason to in-house positions, first with Siemens Energy as Senior Counsel for EPC Projects, and later with TEi Construction Services, Inc., a respected partner to power producers throughout the United States.
Jason’s expertise lies within many aspects of the construction industry, and within the energy sector specifically. Jason has been responsible for the negotiation of the key documentation underlying many complex mega-projects that have often-included multi-national parties with first-of-a-kind applications in the US market. These projects have included EPC agreements, HVDC projects, STATCOMS, offshore wind projects, and gas power projects, involving EPC Agreements, equipment supply agreements, long-term service agreements, consortium agreements, development agreements, preferred supplier agreements, and many other arrangements relating to the design, acquisition, and implementation of projects. Jason has an established a reputation for perseverance, integrity, and practical application of client counsel and advocacy.
Professional Experience
- Mercer Thompson LLC, February 2024
- Of Counsel
- TEI Construction Services, Inc. (“TEiC”) and Geo-Synthetics Systems LLC (“GSI”), April 2022 – November 2023
- General Counsel, Vice President & Assistant Secretary
- Siemens Energy, Inc., September 2018 – March 2022
- Senior Counsel for EPC Projects
- Moye, O’Brien, Pickert, Dillon, & Masterson, LLP, January 2013 – August 2018
- Partner
- Holland & Knight, LLP, October 2009 – December 2012
- Associate Attorney
Representative Transactions
Transactional Experience:
- Lead counsel for OEM as EPC contractor in connection with the negotiation and execution of a first-of-a-kind offshore to onshore HVDC transmission system for an 880MW wind project in New York.
- Lead counsel for OEM as EPC contractor in connection with the negotiation for transmission system for an 804MW offshore wind project in Massachusetts. Included substantial negotiations in relation to payment structure to support Investment Tax Credits.
- Negotiation of a multitude of studies, FEED contracts, and preferred supplier agreements in support of proposed wind projects.
- Lead counsel for OEM as EPC contractor in connection with first-of-its-kind infrastructure project to transport 2,100 MW of renewable energy via an underground high-voltage direct current (HVDC) transmission line along an existing railroad.
- Co-counsel for OEM as EPC contractor in connection with HVDC interconnection between US and Canada.
- Lead counsel for OEM as EPC contractor for the supply and installation of Gas Insulated Substation for major utility in Miami Beach, FL. Included negotiation of major subcontract to construct building enclosure required to match aesthetics of Miami Beach Art Deco.
- Lead counsel for OEM as EPC contractor for the supply and installation of STATCOMs in California.
- Lead counsel for OEM in connection with negotiations with IPP to provide HVDC connection from power generation in Utah to utility base in California.
- Lead counsel for OEM in connection with seismic retrofit of transmission equipment in California. Included resolution of one year delay in project commencement due to impacts of COVID.
- Lead counsel for OEM in preparation of development agreement for HVDC connection from Mexico to Florida.
- Lead counsel for OEM as EPC contractor for the supply and installation of Gas Insulated Substation (GIS) in New York.
- Lead counsel for OEM in connection with negotiation to supply grid stabilization equipment in support of utility scale battery energy storage system.
- Outside counsel for multi-national chemical conglomerate in connection with drafting and negotiating a $650M polypropylene plant in Texas with European based contractor.
- Outside counsel for large construction company to develop and negotiate subcontract for baggage handling equipment for major operational airport in Florida.
- Managed continued cleanup efforts of SuperFund site as outside counsel for conglomeration of responsible parties.
- Worked as outside counsel for numerous industrial and chemical companies to help secure and extend dewatering, water use, and mining permits in Florida.
Litigation Experience:
- Outside counsel for one of the largest contractors in US on a $550M+ delay and disruption claim arising out of a California highway project.
- Outside counsel on a $150M+ delay and disruption claim resulting from significantly increased quantities on a 1,100MW combined cycle power project.
- Outside defense counsel representing contractor against $250M+ in claims arising from construction of water reservoir.
- Outside counsel for civil contractor alleged to be responsible for remediation of contaminated soils resulting from first-of-its-kind soil preparation to create impervious underground structures in Miami.
- Outside counsel for A/E firm responsible for portions of design of multi-high rise tower complex to be located in Doha.
- Outside counsel for A/E firm responsible for portions of design of the Third Lock of the Panama Canal.
Honors and Other Distinctions
- Licensed Certified General Contractor in Florida
- Super Lawyers “Rising Star”
- Legal 500 “Next Generation Lawyer”
Presentations and Publications
- “Can We Close the Book on COVID-19? Dealing with COVID-19 Litigation”; Panel Chair at Association of Corporate Counsel 2022 National Convention
- “Changes to Lien Laws Create Opportunities for Contractors and Pitfalls for Owners”; Holland & Knight Alert, January 30, 2012
- “Can LEED Still Compete?”; Co-Author, Florida Investor, October 2011
- “Eichleay Damages and Delay Claims”; National Teleconference, March 26, 2010