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

San Mateo signed off on its housing element this week. It's already facing a lawsuit.

Farella's Tom Mayhew, CJ Higley, Daniel Contreras, Vanessa Ing, and Alyssa Netto were mentioned in the Daily Journal article "San Mateo signed off on its housing element this week. It's already facing a lawsuit."...

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Publication

REFRESH: Loot and Private Foundation Rules – Part 2

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In this episode, I refresh  EO Radio Show  episode 22, the second of our two episodes exploring private foundation rules using commentary on the...

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News

Housing Action Coalition and Farella Braun + Martel File Lawsuit Challenging the City of San Mateo’s Housing Element

Today, the Housing Action Coalition (HAC) and Farella Braun + Martel LLP filed a lawsuit against the City of San Mateo, challenging its recently adopted Housing Element in order to make the city comply with...

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Publication

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. , the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any...

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Publication

REFRESH: Loot and Private Foundation Rules – Part 1

Welcome to  EO Radio Show - Your Nonprofit Legal Resource . In this episode, I'm happy to refresh  EO Radio Show  episode 21, the first of our two episodes exploring private foundation rules using the...

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News

City of San Mateo Sued by Nonprofit Over New Housing Plan

Tom Mayhew spoke to CBS News about the lawsuit filed by Housing Action Coalition (HAC) and Farella against the City of San Mateo. The lawsuit challenges the city's recently adopted Housing Element in order to...

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Event

21st Annual Stanford Digital Economy Best Practices Conference

Erik Olson is speaking at the 21st Annual Stanford Digital Economy Best Practices Conference for the session "Track A: Content Moderation." To register for the event, please click  here .

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Event

Clean Repowering: How to Capitalize on Fossil Grid Connections to Unlock Clean Energy Growth

Farella’s Linda Gilleran and Chris Rendall-Jackson and Rocky Mountain Institute’s (RMI) Uday Varadarajan are presenting the session “Clean Repowering: How to Capitalize on Fossil Grid Connections to Unlock Clean Energy Growth” at the ACG...

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News

Special-Servicer Work Heats Up, Revealing CMBS Tensions

Restructuring, insolvency, and creditors rights partner Gary Kaplan provided expert commentary in the Law360 Real Estate Authority article "Special-Servicer Work Heats Up, Revealing CMBS Tensions." In the article, Gary noted that there is usually...

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Publication

A New Overtime Threshold Takes Effect in Mere Weeks: HR Should Assess Its Impact Now

On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule increasing the minimum pay requirements under the Fair Labor Standards Act (FLSA) for various exempt “white-collar” employee categories beginning on...

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