Construction Agreements for Energy Projects: Alternative Contract Structures, Key Provisions, Drafting Challenges
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide a comprehensive overview of the contract structures used in construction for energy projects, including traditional engineering, procurement, and construction (EPC) and engineering, procurement, and construction management (EPCM) agreements. The panel will discuss key contractual provisions unique to energy projects that must be considered during the negotiation and drafting of project agreements to ensure owner and contractor protections, properly allocate risks throughout project construction, and avoid and mitigate claims.
Outline
- Introduction
- Unique challenges and risks in energy projects
- Selecting the right contract structure: pros and cons for owners and contractors
- EPC
- EPCM
- Hybrid structures
- Financial considerations
- Key contractual provisions specific to energy projects
- Claims resolution
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What are the advantages and disadvantages of utilizing EPC vs. EPCM contracts for energy projects?
- What risks are assumed by owners under each? By contractors?
- What types of hybrid agreements may be beneficial for energy projects?
- What are key contractual provisions unique to energy projects?
Faculty
Laura Fraher
Partner, Co-Chair Power & Energy Construction Practice Area
Barclay Damon
With over two decades of commercial litigation experience, Ms. Fraher focuses her practice on complex commercial and... | Read More
With over two decades of commercial litigation experience, Ms. Fraher focuses her practice on complex commercial and construction litigation, including power and energy construction matters. She has represented owners, general contractors, subcontractors, and construction managers in a wide variety of complex construction litigation. Recognizing that litigation is rarely the best use of a client’s time and resources, Ms. Fraher prioritizes guiding clients to early dispute resolution and supports them at all stages of the dispute process. In addition to her litigation practice, Ms. Fraher has extensive transactional experience. She drafts, negotiates, and provides strategic advice to clients regarding construction contracts for large-scale projects, including commercial, residential, and EPC contracts for power plant and industrial facility projects.
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Judah Lifschitz
Partner, Co-Chair Power & Energy Construction and Construction & Surety Practice Areas
Barclay Damon
As a seasoned trial attorney, Mr. Lifschitz has tried cases to verdict across the country in virtually every type of... | Read More
As a seasoned trial attorney, Mr. Lifschitz has tried cases to verdict across the country in virtually every type of adjudicative forum and is an accomplished appellate advocate, having argued appeals in many federal and state appellate courts. Having won one of the largest liquidated damages awards in the history of the construction industry, Mr. Lifschitz has extensive experience in construction-related matters, including power and energy construction matters in which he represents clients in EPC contracts and disputes. He represents governmental and private owners and regional, national, and international contractors, construction managers, subcontractors, design professionals, sureties, and insurance companies in disputes, trials, ADR proceedings, and negotiations. Representing clients in complex commercial litigation, Mr. Lifschitz has a wealth of experience in every aspect of trial practice, including shareholder and partnership disputes, real estate matters, contract disputes, civil RICO, and general commercial disputes. Additionally, he has represented clients in civil fraud investigations and brings extensive experience to his clients in government procurement issues. Mr. Lifschitz’s clients represent a variety of industries, including construction, power and energy, aerospace, electronics, manufacturing, shipbuilding, and technology.
CloseEarly Discount (through 05/23/25)