Energy & EPC Matters

Overview

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.