News Brief

Wilson Elser Represents Contractors in Engineering Procure-Construct Contracts

December 20, 2013

Nicholas Caiazzo (Partner-New York), William Behr (Of Counsel-New York), and Ben Patrick (Partner-Miami/San Francisco) represented a contractor in negotiating and closing an Engineer-Procure-Construct (EPC) contract for the construction of five solar power plants with a total generating capacity of more than 50 megawatts.

Wilson Elser originally represented an existing client in this transaction. The team spent three weeks negotiating a number of substantial contractual issues that the client believed would likely torpedo the deal. The attorneys, however, were able to obtain every concession the client needed, and had the contract ready to sign when the owner and the client reached an impasse on the total contract price. The firm’s client decided to walk away from the deal.

A week later, a major subcontractor who had planned to work on the projects on behalf of the firm’s original client in this transaction was approached by the land owner to develop the solar power plants. The new contractor wanted Wilson Elser to represent him. Wilson Elser obtained written conflict waivers from all parties, and with the original client’s blessing, represented the subcontractor in negotiations with the owner. Two weeks, and three substantial contractual revisions, later, the deal closed.

Wilson Elser brought its considerable construction transactional experience to bear in negotiating this complex deal. The attorneys highlighted key areas of concern for the firm’s clients, proposed solutions that were acceptable to both the client and the owner, and worked with opposing counsel to get the firm’s clients’ needs met without endangering the transaction.

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