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

News

Farella Braun + Martel Earns 2024 Best Law FirmsĀ® Rankings

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Publication

A Summary of New Laws Coming for California Employers in 2024

In 2023, California has adopted several new employment laws either introducing new employee protections or codifying existing practices into state law. With these changes, employers will need to examine and adjust some of their...

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Event

19th Annual Renewable Energy Law Institute

Dirk Mueller is speaking at the University of Texas School of Law 19 th Annual Renewable Energy Law Institute on "Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California." Session Overview :   Understanding...

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News

Proposal for Bar Exam Alternative Goes to California Supreme Court

Sarah Good, a member of the State Bar of California Board of Trustees, was quoted in The Recorder article, "Proposal for Bar Exam Alternative Goes to California Supreme Court." Read the article here (subscription...

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Publication

New Proposed Regulations Defining Donor Advised Fund Terms

Welcome to EO Radio Show - Your Nonprofit Legal Resource . Episode 63 explores new proposed regulations important to the administration of Donor Advised Funds (DAFs). The Internal Revenue Service and the Treasury Department...

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Event

The New Frontier AI Legal Issues for In-House Counsel

Sushila Chanana is a panelist for the session, "The New Frontier AI Legal Issues for In-House Counsel,"   at the Bar Association of San Francisco's In-House Counsel Conference 2024. To register for the event, please click ...

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Event

2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program

Sarah Bell will moderate the panel "PFAS: Everything Everywhere All at Once"  at the American Bar Association's 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program. Session Overview: PFAS...

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Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

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News

State Bar of California Board of Trustees Approves Plan to Pilot Portfolio Bar Exam

Sarah Good, a member of the State Bar of California Board of Trustees, spoke to KQED Newscast about the Board of Trustees's proposal to pilot a Portfolio Bar Exam.

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Publication

An Introduction to DAFs and Overview of the Newly Proposed DAF Regulations

Welcome to EO Radio Show - Your Nonprofit Legal Resource. I’m Cynthia Rowland, and episode 62 describes new proposed regulations important to the administration of donor advised funds. The Internal Revenue Service and the...

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