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

North Coast Industry Insiders Weigh In on Why California Cannabis Tax Revenue Slipped in 2023

Jeff Hamilton spoke to Susan Wood with the North Bay Business Journal for the article "North Coast Industry Insiders Weigh In on Why California Cannabis Tax Revenue Slipped in 2023." Read the article with Jeff's...

Read More
Publication

Corporate Transparency Act: State of the Law and Beneficial Ownership Reporting Requirements

Key Points: Despite ongoing legal challenges, the Corporate Transparency Act (CTA) generally remains in effect and enforceable. Clients should continue to abide by its regulations. Initial reports for entities formed in 2024 are due within...

Read More
Publication

Employment Law Update for Nonprofits With Holly Sutton

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Charities, foundations, and their founders often request help addressing employment practices and compliance questions. In this episode, host Cynthia Rowland is joined by Holly...

Read More
News

Farella Braun + Martel Earns San Francisco Green Business Recertification

Read More
Publication

Corporate Transparency Act: A Guide on Beneficial Ownership for Nonprofit Executives

The Corporate Transparency Act, enacted as part of the National Defense Authorization Act for Fiscal Year 2021, represents a significant shift in regulatory requirements for entities across the United States. This act, set to...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
News

Farella Announces 2024 Leadership Council on Legal Diversity Pathfinders: Taylor Rottjakob and John Ugai

Farella Braun + Martel is proud to announce that senior associates  Taylor E. Rottjakob and John M. Ugai have been named 2024 Leadership Council on Legal Diversity (LCLD) Pathfinders. Pathfinders have been identified as...

Read More
News

JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'

Intellectual property practice chair Eugene Mar provided expert commentary to American Banker for the article "JPMorgan Chase Accuses TransUnion of Stealing 'Trade Secrets'." In the article, he said: "By filing this as a trade...

Read More
Publication

Insurance Market Crushes Wineries and Wine Country Homeowners

We keep hearing about how difficult it is for winery and vineyard owners to get property insurance these days, both for their homes and their wine businesses in California’s wildfire-prone areas. Those who have...

Read More
Publication

Nonprofit Quick Tip: State Filings in North Carolina and South Carolina

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . Episode 75 is the tenth in a series of Quick Tip episodes focusing on the details of state registration of nonprofit corporations. With...

Read More