Provided day-to-day risk and contract advice over the past five years for a global utility-scale energy developer and contractor (approximately $2 billion annual volume), advising project management teams and subcontract management teams in the negotiation and execution of project documents, as well as early dispute management.
Represented utility-scale energy developer and contractor in negotiation of EPC agreements for a variety of projects, including a 20 MWac solar PV plant in southern Georgia; 10MWac and 7 MWac solar PV plants in Alabama; and 16MWac of solar PV plants in Minnesota.
Represented one of the largest solar EPC contractors in the U.S. in negotiation of preferred portfolio EPC agreements with one of the largest electric power holding companies in the U.S.
Defended EPC contractor against $25 million claims by an electrical subcontractor for delay, acceleration and labor inefficiency in Nevada, arising out of a 250MWac power plant.
Represented EPC contractor asserting $15 million claim for acceleration and inefficiency against an owner due to project changes dictated by permitting authority having jurisdiction, including changes caused by the permitting authority’s unexpected decision to characterize the project as a flood zone. The claims arose out of a project that included three separate facilities, generating up to 175MWac in California.
Represented EPC contractor in project closeout disputes for a 52.5MWac solar PV plant in Jordan, including force majeure claims for sandstorms and other extreme weather events, extra work claims, and claims arising out of the operations and maintenance agreement between the EPC contractor and owner.
Represented EPC contractor against $5 million in extra work and delay claims asserted by a defaulted subcontractor arising out of the construction of an overhead collection system for a 550MWac solar PV plant.
Defended EPC contractor against $4 million claim from subcontractor relating to the construction of a substation for a 60MWac solar PV plant in California, where the subcontractor alleged cardinal change and/or abandonment of subcontract due to alleged design changes during the course of construction.
Represented EPC contractor asserting claims for relief and compensation related to permitting authority having jurisdiction’s requirements to comply with alternate code provisions, and the related impacts arising out of excusable event and force majeure event provisions in the EPC agreement for a 240MWac solar PV plant in California.
Represented EPC contractor in mid-construction phase negotiation of multiple amendments to four EPC agreements to accommodate owner’s sale of the four projects in California, together totaling approximately 100MWac.