Energy Infrastructure

Representing owners and contractors, we advise utilities, sponsors, developers, independent power producers, investors and suppliers on every phase of project development. Our lawyers have diverse experience helping clients develop, construct, operate and maintain critical assets, including:

• gas-fired power plants;
• industrial facilities;
• electric transmission lines;
• coal;
• pipelines;
• nuclear, traditional and small modular reactors (SMR);
• onshore and offshore wind;
• solar;
• battery storage;
• renewable natural gas;
• biomass installations;
• geothermal;
• transportation systems; and
• commercial buildings.

The team understands the risks and complexities inherent in building successful projects — from designing compensation structures to protecting against excessive change orders, liquidated damages and differing site conditions. No matter the challenge, we help clients mitigate risk, maximize project value and deliver results — on time and on budget.

How We Help

The Energy Infrastructure Practice Group’s services include:

• project development strategy, site selection, permitting and regulatory approvals
• drafting and negotiating RFPs, bid evaluations and bid responses
• preparing and negotiating key project contracts
  • turnkey engineering, procurement and construction agreements
  • balance of plant agreements
  • design-build agreements
  • equipment supply agreements (e.g., turbines, solar modules, battery energy storage systems, transformers)
  • engineering and design services agreements
  • construction management agreements
  • warranty and long-term service agreements
  • operations and maintenance contracts
• project risk allocation, compensation structures (fixed price, target price, cost-plus, GMPs), and financial and performance security packages
• change order management
• project schedule and schedule recovery issues
• claims, disputes and litigation during construction or operations
• warranty enforcement, performance guarantees and asset management

Representative Experience

• Utilities in the development of RFPs, evaluation of bids, and drafting and negotiation of EPC contracts for over 3,200 MWs of natural gas-fired combined cycle generating facilities and over 4,000 MWs of simple-cycle gas generating facilities. 
• American energy company in the development of the first offshore wind farm installed in federal waters approved by the Bureau of Ocean Energy Management and the second constructed in the United States;
• American energy company in a build transfer agreement for the development of SMRs, as well as drafting RFPs, evaluation of bids, and negotiation of engineering, procurement and construction (EPC), installation and procurement contracts for subsequent license renewable upgrade projects at nuclear power stations;
• Publicly traded diversified energy company on battery storage projects in New York, including the development and negotiation of a build-own-operate-optional transfer agreement and related asset purchase agreements;
• Renewable platform developing, financing, building, owning and operating utility-scale storage in the development and negotiation of EPC contracts and battery equipment, transformer and high-voltage breaker supply agreements for battery storage facilities in Texas;
• Independent power producers, developers, suppliers and utilities in the development, construction, equipment supply, upgrade/overhaul and long-term operation of several gigawatts of onshore wind, solar and battery storage projects;
• Utility in the negotiation of balance of plant, turbine supply and long-term service agreements for a 400 MW electric wind project in Missouri;
• Utility in its creation of a residential, roof-top solar program, including a framework for the issuance and acquisition of individual loans and the engagement of installers; and
• Utilities in the development of RFPs, evaluation of bids, and drafting and negotiation of EPC contracts for over 3,200 MWs of natural gas-fired combined cycle generating facilities and over 4,000 MWs of simple-cycle gas generating facilities.