When the private sector undertakes large scale and complex infrastructure projects, the Engineering, Procurement, and Construction agreement (EPC) is the most common form of contract. For both owner-developers and general contractors, having a mutually agreed upon and legally sound document that will stand up to the tests of timing, quality, and commitment is critical to successful outcomes.

Farella’s multi-disciplinary infrastructure development attorneys take a holistic approach to draft and negotiate EPC agreements and can initiate claims or defend disputes that arise. Our robust work in this regard is proven, time and time again, to protect the interests of our clients and deliver desired results.

Experience Across Infrastructure Project Types

At the forefront of complex infrastructure development, Farella attorneys help private clients who develop, own, construct, or operate large scale energy generation, storage, and transmission projects navigate the dense documentation attached to them. We work with owner-developers and general contractors to draft and negotiate EPC agreements and also guide them through daily business discussions and decisions, as necessary, while project construction progresses.

With experience that spans projects from renewables, such as solar and wind, to traditional power plants and public-private partnerships in rail, airport, and military base redevelopment, our cumulative knowledge provides valuable benefits for clients. We can ensure that our clients understand, completely, all terms and the potential risks involved, and that EPC agreements allocate such risks in an appropriate and market-standard manner. 

Representing the Routine to the Extraordinary Challenges

While complex infrastructure projects unfold over the years, the likelihood of unforeseen disruptions, changes, or disagreements among parties is almost inevitable.

From the every-day to the extraordinary, our attorneys have resolved a myriad of issues. We work in areas related to land use, zoning ordinances, and environmental regulations, such as the Endangered Species Act, as well as construction, sub-contractor, collection systems, and more. With this experience, we can offer knowledgeable guidance and a range of strategies and tactics to diffuse disagreements and avoid costly litigation.

Although we work to mitigate litigation in most cases, we will aggressively represent clients in courts or before administrative agencies, when necessary. Our litigation team has seen nearly every type of sub-contractor claim and has successfully handled both minor and significant challenges brought by owners or general contractors under EPC agreements.

Collaboration and Responsiveness Are the Foundation of Our Services

Our clients not only benefit from our vast experience in handling significant infrastructure projects; they appreciate our attention to providing the best value for their dollar—we treat their projects as if they were our own. At Farella, we are extremely sensitive to the business side of significant infrastructure developments and work to minimize costs and disruptions to business operations.

While we won’t bring a big team to the table when a lean one will do, we will collaborate with our Farella partners who excel in other disciplines when questions or challenges need specific experience and talent.

Firm Highlights

Publication

State Minimum Fire Safe Regulations Go Into Effect April 1, 2023

The State Board of Forestry and Fire Protection has been actively pursuing comprehensive new wildfire protection standards for development in Very High Fire Hazard Severity Zones and State Responsibility Areas where the State of...

Read More
Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

Read More
Publication

Nonprofit Basics: Best Practices for Approving Insider Compensation Decisions

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the third in a series discussing insider transactions by exempt organizations. In this episode, I'll look closely at best practices...

Read More
News

Profile in Women Leadership - Mary McCutcheon

Mary McCutcheon Headshot
Read More
Event

23rd Annual Wine Industry Conference

Farella Braun + Martel is a Presenting Partner of the  North Bay Business Journal' s 23rd Annual Wine Industry Conference. The conference will explore new trends and challenges to the wine industry in the North Bay. Farella's Richard...

Read More
Publication

I Always Feel Like AI Is Watching Me: Artificial Intelligence and Privacy

ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s...

Read More
Publication

Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation

Welcome to  EO Radio Show – Your Nonprofit Legal Resource . This episode is the second in a series discussing insider transactions. In episode 32, I gave a general overview of the federal laws...

Read More
Event

The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions

Join Carly Alameda and Amy Briggs in the discussion on "The Fine Print: A Litigator’s Perspective on Boilerplate Contract and Insurance Provisions" to the ACC Bay Area Chapter. Corporate counsel are often tasked with negotiating...

Read More
News

WhatsApp and Facebook Take the NSO Group to Court

Kyle McLorg was interviewed for the  Shoot The Messenger: Espionage, Murder, & Pegasus Spyware  investigative podcast episode “WhatsApp and Facebook Take the NSO Group to Court” produced by Exile Media in collaboration with The...

Read More
News

Farella Advises TILT Holdings Inc. on $86.7 Million Debt Refinancing

Northern California legal powerhouse Farella Braun + Martel advised TILT Holdings Inc. , a global provider of cannabis business solutions that include inhalation technologies, cultivation, manufacturing, processing, brand development, and retail, on a series of...

Read More