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

Event

2022 Wildlife & Permitting Symposium

David Lazerwitz will present at the Burns & McDonnell "2022 Wildlife & Permitting Symposium."

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Exploring the Market Competition Ecosystem: Lessons Learned and Next Steps

Christopher Wheeler   is a speaker at Alliance for Health Policy's webinar "Exploring the Market Competition Ecosystem: Lessons Learned and Next Steps."  To register for the webinar, please click  here .

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Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, we address the fiduciary duty of a nonprofit board when setting its investment policies and how to think about impact...

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William Keane Elected Regent of the American College of Trial Lawyers

William P. Keane headshot
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New Law Will Expand Pay Transparency Requirements in California

Holly Sutton and Hillary Marks spoke to The Recorder about California's pay transparency act, SB 1162, for the article "New Law Will Expand Pay Transparency Requirements in California." Read the article here  (subscription required...

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Employee Data under the CCPA: Expiration of Employer Exemptions Requires Compliance as of January 1, 2023

Since the California Consumer Privacy Act (“CCPA”) was passed in 2018, employers have been watching carefully to see how the law will apply to data collected and maintained about their employees. Up until now, ...

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Lawyers on the Fast Track: Aviva Gilbert and Janice Reicher

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California AG Signals Enforcement of the Global Privacy Control Under the CCPA

As companies prepare for the provisions of the California Privacy Rights Act (“CPRA”) to come into effect in January 2023, California Office of Attorney General (“OAG”) has signaled that companies should not wait to...

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Charitable Contribution Substantiation Requirements and a Conversation About Art Appraisals With Sarah Vandeweerdt From Christie’s

Welcome to EO Radio Show – Your Nonprofit Legal Resource . In this episode, Cynthia Rowland will cover some federal Internal Revenue Code rules that charitable organizations and their donors need to know in order...

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Event

Caught in the Crossfire: War Exclusion and Commercial Policyholders

Tyler Gerking and Patrick Loi will discuss "Caught in the Crossfire: War Exclusion and Commercial Policyholders" to the ACC Bay Area Chapter on October 12.  The “war” exclusion in cyber insurance policies has received...

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