Most of us involved in the construction industry are familiar with the Design-Build model of project delivery, and how it differs from the “standard” Design-Bid-Build model. But increasingly certain industries are embracing a...more
An article about offshore wind projects and some of the unique issues specific to the delivery of this type of project that are not typically addressed by existing standard form contracts. Originally published in PLC...more
An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more
The growing complexity of energy projects—coupled with stories of major cost overruns—has sparked a growing reluctance among contractors to sign up to EPC contracts on a lump-sum turnkey basis. Project owners are starting to...more
Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of...more
For a variety of reasons, the solar industry has experienced, and will continue to experience, record growth. According to the Solar Energy Industries Association and Wood Mackenzie, a global energy and chemical research...more
Once a remote health issue in China, coronavirus (“COVID-19”) remains today - as we enter the new year of 2021 - not only a global health concern but also a global economic disruptor that will impact nearly every industry....more
The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in...more
The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more
On March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus disease (COVID-19) a pandemic. As governments and health care systems continue to grapple with the growing impacts of this viral disease,...more
As the current health crisis from COVID-19 grows, electricity market participants may benefit from developing strategies to assess their risks and protect from potential disputes. All parties may benefit from a deal that...more
Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more
A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v....more
Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more
According to a press release, Novartis AG has contracted Jacobs Engineering Group Inc. to provide engineering, procurement, and construction management services to expand monoclonal antibody (mAb) production capacity by 70%...more
Saudi Arabia’s recently announced plans to privatise several key industries in the Kingdom has once again brought the Kingdom’s privatisation agenda back into the spotlight. The announcements form part of the countries...more
This article is the third of three articles on solar power projects and discusses testing and performance guarantees in the context of engineering, procurement and construction (“EPC”) contracts for solar photovoltaic power...more
As the utility-scale solar market continues to expand and globalise, project developers and engineering, procurement and construction (EPC) contractors increasingly find themselves considering unfamiliar jurisdictions. A new...more
The El Paso Electric Company (EPE) has issued a request for proposals (RFP) seeking turnkey proposals for the engineering, procurement and construction of two (2) utility-scale solar energy generating facilities, with a...more
When passing risk through to various sub-contractors to a PPP or energy infrastructure project, it is important to ensure that the core sub-contracts are drafted on a ‘back-to-back’ basis with the project agreement. This...more