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Avoiding Pitfalls in Energy Project Construction: EPC Contract Disputes, Owner Protections, Resolving Claims

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 11, 2021

Recorded event now available

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This CLE course will guide power and energy plant owners and their counsel regarding challenges that arise in energy project construction and effective methods to avoid and mitigate claims, contract disputes, and litigation. The panel will discuss key engineering, procurement, and construction (EPC) contract provisions that must be considered during the negotiation and drafting of EPC contracts to ensure owner protections, properly allocate risks throughout project construction, and avoid and mitigate claims.


Energy projects involve significant risks that must be allocated between project owners and contractors. Failure to adequately plan for and manage potential mishaps during energy project construction can lead to costly litigation. Counsel must understand these risks and identify essential contractual rights and responsibilities throughout project construction to effectively avoid and manage claims.

Avoiding and managing claims arising from EPC contracts begins at project inception. Owners and contractors must understand contracting models and delivery systems, performance standards, limitations of liability, available remedies, and other essential items to achieve the most appropriate construction contract for each energy project. If there is a dispute, counsel must understand key mechanisms in preparing, negotiating, and resolving claims.

Listen as our panel discusses effective EPC deal structures to ensure owner protection, key pitfalls to avoid in energy project construction, and essential techniques for negotiating and resolving claims.



  1. EPC deal structuring and key contract provisions
  2. Avoiding common owner pitfalls in energy project construction and contracting
  3. Essential methods of protecting against contractor claims
  4. Effectively negotiating and resolving contractor claims


The panel will review these and other key issues:

  • Understanding key EPC contract provisions: performance standards, remedies, notice, dispute procedures, etc.
  • Owner protection and limitations of liability in EPC contracts
  • Preparing, negotiating, and resolving claims
  • Techniques for defending against claims and mediation and alternative disputes options


Kapner, Daniel
Daniel A. Kapner

Shapiro Lifschitz & Schram

As a member of the firm’s Trial Practice, Construction Law, and Power & Energy Construction groups, Mr....  |  Read More

Lifschitz, Judah
Judah (Judd) Lifschitz

Principal and Co-President
Shapiro Lifschitz & Schram

Representing clients in complex commercial litigation, Mr. Lifschitz has a wealth of experience in every aspect of...  |  Read More

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