Energy and Utilities Construction

Overview

Our construction lawyers have the necessary skills and background to address the unique legal, environmental, and regulatory and lending/financing challenges that arise from energy- and utility-related construction.

Our Services

We represent owners, lenders, design professionals, and engineering, procurement, and construction (EPC) contractors on all aspects of energy-related project procurement and delivery for traditional, alternative, and renewable energy projects. Our notable experience includes the following:

  • representing municipalities, hospitals, manufacturers, and higher education institutions throughout the country in drafting and negotiating EPC contracts for the construction, maintenance, and operation of cogeneration plants and wastewater treatment facilities
  • representing owners in drafting and negotiating of multilayered EPC contracts for natural gas-fired power plants, solar energy projects, and fuel cell facilities.
  • negotiating and drafting agreements for the audit, design, implementation, and performance management of energy conservation programs.

Our Team

Our team works closely with members of our Environmental + Utilities Group, who represent many entities involved in various aspects of the competitive market for these energy services:

  • traditional fossil fuel
  • nuclear
  • wind
  • hydro
  • fuel cell
  • biomass

Our Construction Group lawyers similarly bring their significant experience to bear in representing an array of participants in disputes arising from energy- and utility-related projects, including claims for defective design and construction, delays and inefficiencies, and disputed extra work. We have represented owners and contractors in a host of claims arising from energy-related projects, including the decommissioning of a major nuclear power plant, the construction of natural gas-fired power plants, and the construction of underground power transmission facilities.

    • Experience
      • Contract for the replacement of a 1.2 MW cogeneration generator set with a 3 MW natural gas generator at the combined heat and power (CHP) plant located on the campus of Norwalk Hospital.
        • Representation of an independent coeducational college preparatory boarding and day school in negotiating a design contract for a 24,000-square-foot science building designed and built in accordance with sustainability principles of the Leadership in Energy and Environmental Design (LEED®) rating system of the U.S. Green Building Council.  
      • Negotiation of contracts with engineers and consultants pertaining to a hospital energy supply system maintenance and optimization, including investment grade energy audit, energy procurement services, boiler efficiency study, steam trap efficiency study, uninterruptible power supply servicing, and standby power maintenance.

      • Representation of major international contractor in connection with $100 million construction litigation concerning the decommissioning of a nuclear power plant.
      • Representation of the Greater New Haven Water Pollution Control Authority in arbitration of claims related to faulty design and construction of energy recovery reuse facility against engineering procurement and construction contractor. Representation also includes litigation regarding a defective boiler.
      • Transactional

      • Representation of the City of Hartford in the negotiation of installation and power purchase agreements for an 800 kW, fuel cell-powered microgrid that provides continuous electric generation and that supports critical facilities during grid outages.

      • Representation of a university in the drafting and negotiation of an EPC contract for the replacement of three existing combustion turbines and heat recovery steam generators with two new 7.5 MW dual fuel combustion turbines with heat recovery steam generators, delivering combined heat, power, and chilled water to the main campus.

      • Representation of a manufacturing facility comprising over one million square feet in the negotiation of a contract for comprehensive professional and technical services to plan, design, and construct select utility infrastructure and energy projects as part of a utility master plan.

      • Representation of an independent coeducational college preparatory boarding and day school in the negotiation of a contract for comprehensive professional and technical services to plan, design, and construct select utility infrastructure and energy projects as part of a utility master plan for the 500-acre campus. 

      • Representation of a university in the drafting and negotiation of an installation and power purchase agreement for a 1 MW warehouse rooftop solar array with 4,400 panels. Power generated and sold to the university offsets the equivalent of 16,000 metric tons of carbon dioxide over the system's life.

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Our Team

Chair

Members