Scott A Greer

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Scott Greer EPC LNG lawyer

HOUSTON
T: +1 713 751 3264
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Scott Greer is a partner in King & Spalding’s Global Transactions Practice Group and leads the firm’s worldwide construction transactionalpractice.  Mr. Greer, who is also a licensed Professional Engineer, focuses exclusively on the practice of construction law, representing some of the world’s largest organizations in their global construction projects.  He is Deputy Practice Group Leader of the firm’s Global Transactions Practice Group and a member of the firm’s Lateral Partner Committee. 

Mr. Greer represents owners and developers in the development of a wide range of projects, regularly exceeding $100 million to over $20 billion in value.  He has represented clients in over two dozen countries, including the United States, Latin America, Middle East, Europe, Africa and Asia.  Some recent examples include liquefied natural gas (LNG) export and import facilities, natural gas and crude oil pipelines, natural gas storage facilities, power plants (nuclear, coal-fired, gas-fired, combined cycle, hydro), wind farms, compressed air energy storage facilities, offshore oil production facilities, petrochemical facilities, desalination facilities, cement manufacturing facilities, steel manufacturing facilities, copper mining facilities, coal mining facilities, ports, skyscrapers, sports stadiums, universities, mixed-use developments and condominiums.

Mr. Greer assists owners and developers throughout the entire project spectrum, commencing at project conception and continuing through punchlist completion, and beyond, including: selecting the appropriate project delivery system and contractual structure; drafting and negotiating construction-related agreements, such as EPC, design-build, EPCM, construction, construction management, engineering, architectural, program management and development agreements; drafting and negotiating operation and maintenance agreements and LTSAs; and resolving construction-related disputes.

Recognition

Numerous organizations that rank lawyers based on the strength of their practices and client feedback have recognized Mr. Greer for his work:

  • Law360 named Mr. Greer an “MVP” in Energy law for 2012 and 2016-- an accolade given to only five attorneys in the United States – in recognition of his work negotiating construction contracts for several of the largest energy construction projects in the world.

  • For the past twelve years (2005-2016), Chambers USA has ranked Mr. Greer for his work in construction law, citing client feedback that he is “a brilliant negotiator,” “a tough negotiator and extremely hard working,” and “tireless in his devotion to his clients.” Clients also told Chambers that he is “incredibly responsive and technically excellent,” and that his background as an engineer means “he knows the construction business inside out.” Mr. Greer has been ranked in Chambers “Band 1” (the highest recognition available) for the State of Texas for the last nine years. 

  • The Legal 500 ranks Mr. Greer as one of the top 25 “leading lawyers” in the United States for construction.  Having been ranked by The Legal 500 each year since 2001, clients have stated that he is “one of the best construction attorneys,” noting his “invaluable advice” and “high level of industry knowledge.”

  • International Who’s Who of Construction Lawyers named Mr. Greer  as one of the top 10 “Most Highly Regarded Individuals” in North America and top 25 in the world in 2015 and one of the top 10 “Thought Leaders” in construction in the U.S. in 2016, with him being ranked by this organization since 2013.

  • Mr. Greer has also been included in The Best Lawyers in America for Construction Law (2012 - 2016), Texas Super Lawyers (2013-2016) and Expert Guides – Guide to the World’s Leading Construction Lawyers (2013-2016).

  • Mr. Greer was the exclusive winner of the Construction Category of Texas for the Client Choice Awards of 2017, an award which is based on nominations from clients.

Representative Matters

Some examples of Mr. Greer’s recent work include representing:

  • Cheniere Energy in the drafting and negotiation of an EPC agreement to expand its Sabine Pass LNG import facility to incorporate LNG liquefaction capabilities (the first and second trains), the expansion of which is valued at $3.9 billion and representing the first LNG liquefaction project to ever be constructed in the continental United States.  In addition, represented Cheniere in the EPC agreement for its further expansion to its liquefaction capacity (trains 3 and 4), valued at $3.8 billion; 

  • An independent power producer with respect to the development and operation of a fleet of international nuclear power plants in the Middle East, valued in excess of $20 billion and representing one of the largest energy projects in the world;

  • A global cement manufacturing company with respect to a construction, procurement and supply agreements for the world’s largest cement manufacturing plant;

  • A joint venture in the development of a petrochemical facility in Saudi Arabia, valued at $20 billion and constituting the largest petrochemical facility ever built in a single phase;

  • A global mining company in the drafting and negotiation of an EPCM agreement for the engineering, procurement and construction management of a $1 billion copper mining facility located in the Andes Mountains of Chile;

  • An electric utility company with the drafting and negotiation of an EPC agreement for the design and construction of a 2000 MW greenfield nuclear power plant in the Southeastern United States;

  • Freeport LNG Development in the drafting and negotiation of an EPC agreement to expand its LNG import facility to incorporate LNG liquefaction capabilities (the first through third trains), the expansion which is valued in excess of $10 billion and which was named by IJ Global in 2015 as the winner of the “Overall Global” and “North America Oil & Gas” awards and by The American Lawyer as the 2015 Global Finance Deal of the Year;

  • Sasol with respect to construction and procurement issues related to the development and construction of its $8.1 billion chemical complex in Lake Charles, Louisiana, which will include an ethane cracker and six chemical manufacturing facilities and was named by IJ Global in 2015 as the winner of the “North America Petrochemical” award;

  • An international company in the drafting and negotiation of construction-related agreements for a U.S. multi-billion new nuclear uranium enrichment facility, the first new nuclear facility to be permitted in the U.S. in almost 30 years;

  • Oregon Clean Energy, LLC on the EPC agreements for its 800 MW gas-fired combined cycle power generation facility and switchyard to be located near the city of Oregon, Ohio, which won IJ Global’s 2015 award for the North America Single Asset Power category.

  • An owner with respect to the drafting of a dredging contract valued in excess of $1 billion for a major port project in the United Arab Emirates;

  • A developer in the drafting and negotiation of the EPC agreement for a multi-billion dollar 1200 MW coal-fired power plant using a circulating fluidized bed boiler, to be built in Matagorda County, Texas;

  • Cheniere Energy in the drafting and negotiation of an EPC agreement for its Corpus Christi LNG liquefaction facility for three LNG trains, located near Portland, Texas and valued at $9.5 billion. 

  • Anadarko in the drafting and negotiation of pre-FEED, FEED and EPC agreements for the development of a multi-billion dollar liquefaction facility in Mozambique, Africa;

  • Birdsboro Power, LLC in connection with the drafting and negotiation of the EPC and long term service agreement for a 488 MW natural gas-fired combined cycle power generation facility, to be located in Pennsylvania;

  • Mirant in the drafting and negotiation of EPC and equipment procurement contracts related to the development of a gas fired electric generation facility in California with a combined capacity of 800 MW;

  • Southern LNG in the drafting and negotiation of FEED and EPC agreements for the design and construction of an expansion to its LNG import facility located at Elba Island, Georgia to incorporate LNG liquefaction capabilities, as well as previously the FEED and EPC agreements for the expansion of its import terminal;

  • PennEast in the drafting and negotiation of construction related agreements for the construction of a 110-mile, 36-inch diameter pipeline through Pennsylvania and New Jersey, at a cost of approximately $1 billion, which will deliver approximately 1 billion cubic feet of natural gas per day.

  • St. Joseph Energy Center, LLC, in the drafting and negotiation of EPC agreement for a greenfield, 700-megawatt, combined-cycle, natural gas-fired generation facility in New Carlisle, Indiana;

  • An international energy company in the drafting and negotiation of FEED and EPC agreements for a multi-billion dollar LNG liquefaction facility in Kitimat, Canada, the first of its kind in Canada;

  • A member of an international consortium in the contracting for the de-commissioning and cleanup of the Fukushima Daiichi nuclear power plant; 

  • LACC LLC, a subsidiary of Axiall and Lotte Chemical, in the drafting and negotiation of FEED and EPC agreements for a multi-billion dollar ethane cracker and associated monethylene glycol (MEG) plant in Lake Charles, Louisiana;

  • Keys Energy Center, LLC on the EPC agreement its 735.5 MW natural gas-fired combined cycle power generation facility to be located in Prince George’s County, Maryland;

  • Freeport LNG Development in the drafting and negotiation of an EPC agreement for the design and construction of an LNG import facility to be located at Quintana Island, Freeport, Texas,  valued in excess of $500 million;

  • A developer in the drafting and negotiation of multi-prime supply, EPCM and construction contracts for a seawater desalination vessel, to be deployed in international waters;

  • Petroterminal de Panama with respect to the construction of a major expansion to its crude oil storage and handling facilities in Panama, which was named by Project Finance magazine as Project Finance Deal of Year for Latin America, Refinancing;

  • The Atlanta Falcons Football Club in the drafting and negotiation of architectural and construction agreements for the construction of a new football stadium;

  • Cheniere Energy in the drafting and negotiation of an EPC agreement for the design and construction of an LNG import facility at Sabine Pass, Louisiana, the first LNG import facility to be built in the United States in almost thirty (30) years.   This project, with its subsequent expansion of regasification capabilities, is valued in excess of $1.5 billion;

  • An owner in the development of a multi-billion fertilizer project in the Midwest United States; 

  • A developer in the drafting and negotiation of an EPC agreement and turbine supply agreement for the conversion of a coal and oil fired facility to an approximate 450 MW natural gas combined cycle power plant;

  • Carbones del Cerrejón in the drafting and negotiation of an EPCM agreement for the company’s $1.2 billion expansion of its coal mine in the Guajira peninsula of northeast Columbia, its port facilities on the northern Caribbean coast of Colombia and its interconnecting rail facilities. The mine is the largest coal mine in Latin America and the largest open-pit coal mine in the world;

  • A utility with respect to its nuclear operations in China;

  • An international independent power producer in the drafting and negotiation of EPC terms with a Korean contractor for the development of a 900 MW coal-fired power plant in Chile;

  • An international company with respect to the design and construction of multi-billion dollar extraction and petrochemical facilities in the Middle East;

  • An independent power producer in the drafting and negotiation of an EPC agreement for a 200 MW gas-fired power plant in Peru;

  • An electric utility company in the drafting and negotiation of an EPC agreement for a 100 MW wind farm to be built in the Dominican Republic;

  • The Singapore Energy Market Authority with respect to the EPC agreement for a new LNG import terminal in Singapore, the first of its kind in Singapore;

  • A cement manufacturing company in the drafting and negotiation of a design-build balance of plant contract for one million metric ton per year plant expansion to the Victorville, California cement manufacturing plant, raising the capacity to 3.2 million tons per year and making it the largest cement manufacturing plant in the United States;

  • An energy company in its nationwide power plant expansion program, including, for example, an approximate 900 MW coal-fired electric generating facility in the Southwestern United States;

  • An international company in connection with the development of an LNG liquefaction facility located in the European Union;

  • An Atlanta parcel delivery company in its $1 billion expansion to its worldwide hub;

  • A developer in connection with the drafting and negotiation of an EPC agreement for the construction of a 670 MW combined cycle power plant in the Midwest;

  • A major international oil and gas company in its multi-billion dollar worldwide construction program;

  • A coal mining company with respect to the development of two greenfield underground coal mining projects, to be located in the Northeastern United States;

  • A global energy company with respect to an EPC agreement for a $1 billion expansion to a natural gas liquefaction plant in Trinidad and Tobago;

  • A developer in the engineering, procurement and construction of a mining and steelmaking facility in the United States, valued at $1.6 billion;

  • Tallgrass Energy in the drafting and negotiation of engineering, procurement and construction agreements for the construction of a crude oil pipeline of approximately 692 miles, which involves the conversion of approximately 432 miles of gas pipelines to crude service and building approximately 260 miles of new pipeline; 

  • An international consortium of companies with respect to the FEED agreement for an LNG liquefaction plant in Angola, Africa;

  • An owner in the drafting and negotiation of an EPC agreement for a 2700 MW compressed air energy storage project in Ohio, valued in excess of $1 billion;

  • An energy company with respect to the development of a natural gas pipeline in excess of 120 miles in the Northeastern United States; 

  • An independent power producer with respect to the development of two hydroelectric plants in Brazil;

  • An owner in the expansion of an ammonia facility and construction of a urea facility in the Southwest United States;

  • A global Fortune 50 company in the drafting and negotiation of design and construction agreements to be used for the building of apartment complexes across the nation, totaling in excess of $1 billion;

  • A major international oil and gas company in the development of its international construction forms;

  • Cheniere Energy in the drafting and negotiation of supply agreements for the purchase of 240 miles of pipe for its Creole Trail LNG import project in Cameron Parish, Louisiana;

  • An owner in the drafting and negotiation of an EPC agreement for an FPSO located offshore of Africa;

  • Gulf LNG in the drafting and negotiation of the EPC agreements for its 1.5 bcf LNG import terminal in Mississippi, and the FEED agreement for the expansion of the import terminal to include liquefaction trains;

  • An international independent power producer in drafting and negotiating EPC, LTSA and O&M contracts for the development of a 200 MW combined cycle gas turbine power plant in Mexico;

  • A contractor with respect to an EPC agreement for a 160 MW wind farm located in the Southwestern United States;

  • A developer with respect to engineering, procurement and construction agreements for a gas storage project, with a proposed storage capacity of up to 18.9 bcf, in two nearly depleted reservoirs in Logan County, Colorado;

  • A global mining company in a multi-million dollar dispute arising out of the engineering and construction of a $1 billion copper mining facility located in the Andes Mountains of Chile;

  • An international energy company in the drafting and negotiation of EPC contracts for the development of an 83 MW coal-fired power plant in Guatemala;

  • A cement manufacturing company in the drafting and negotiation of design-build balance of plant contract for an expansion to the Kosmosdale cement manufacturing plant in Louisville, Kentucky, from 2500 to 4700 short tons per day;

  • Bobcat Gas Storage with respect to the development of a 19 Bcf salt dome storage facility in St. Landry Parish, Louisiana;

  • A global Fortune 50 company in the English court system in a multi-million dollar dispute concerning the construction of a large food processing plant in Ireland;

  • El Paso with respect to an EPC agreement for an LNG import project located in The Bahamas;

  • A large Atlanta-based broadcasting company in all aspects of its $1.2 billion construction program;

  • A developer in the drafting and negotiation of engineering and O&M agreements for an offshore LNG import terminal to be located in the Gulf of Mexico;

  • A global energy company with respect to an EPC contract for the supply of the topsides, hull and moorings for a multi-billion dollar tension leg platform oil production facility in the Gulf of Mexico;

  • A Spanish company in the expansion of its LNG import facility in Puerto Rico;

  • The Atlanta Falcons Football Club in the drafting and negotiation of a construction agreement for the construction of a dormitory for the Falcons training camp in Flowery Branch, Georgia;

  • A global engineering company in all aspects of its practice, including defending the company against claims of defective engineering;

  • A developer in the drafting and negotiation of a construction agreement for a new signature high-end mixed use skyscraper on Magnificent Mile in Chicago, Illinois;

  • The Atlanta Falcons Football Club in a major renovation of the Georgia dome in Atlanta, Georgia;

  • A developer in the engineering and construction of a biofuels project in Texas;

  • A real estate developer in the drafting and negotiation of architectural agreements for a new signature mixed-use skyscraper in Atlanta, Georgia, comprised of an office building, residential condominiums and street level retail totaling over 1 million square feet of space;

  • An international cement company in all aspects of construction transactional and dispute resolution matters nationwide, including the drafting and negotiating of design-build, guaranteed maximum price construction agreements for several cement plants, each costing in excess of $100 million;

  • An owner in the negotiation of architectural and construction agreements for a high-rise hotel located in Atlanta, Georgia;

  • A large, Atlanta-based parcel delivery company in all aspects of construction, including, as one example, the litigation in federal court of a multi-million dollar dispute involving an air hub;

  • The Dow Chemical Company with respect to the engineering and construction of a major expansion to its Freeport, Texas petrochemical facility;

  • A German real estate company regarding all aspects of the design and construction of its United States properties;

  • Cheniere Energy with respect to the EPC agreement for the design and construction of an LNG import facility to be located in Corpus Christi, Texas;

  • A real estate developer in the development of The Atlantic, a 46-story condominium community at Atlanta’s Atlantic Station community;

  • An English manufacturer of heavy construction machinery in the design and construction of its first manufacturing facility in the United States;

  • A Chilean company with respect to the structuring of contracts and bid process for the FEED and EPC contracts for the design and construction of Chile’s first proposed LNG import terminal;

  • A developer with respect to the drafting and negotiation of a FEED agreement and EPC agreement for its Oregon LNG import terminal;

  • An Ivy League school in the negotiation of contracts for an owner-controlled insurance program for its comprehensive campus-wide building program, including its implementation in construction agreements;

  • A global natural gas company with due diligence review in connection with the potential purchase of two large mobile semi-submersible drilling units currently under construction; designed to operate in international waters of approximately 2 miles in depth and drilling wells of 6 miles deep;

  • A global energy company in the drafting of an EPC agreement for the expansion of two Venezuelan liquid extraction plants;

  • An apartment and condominium developer in all aspects of its nationwide construction program; and

  • A three member consortium in the drafting of an EPC agreement for a maximum security prison located in the jungles of Costa Rica.

Education, Memberships and Prior Engineering Experience

Mr. Greer is a licensed Professional Engineer in the states of Georgia and Maryland in the field of structural engineering. Prior to becoming a lawyer, he designed numerous multi-story buildings located throughout the United States.

Mr. Greer obtained his J.D. from Emory University, his Master’s degree in Civil Engineering from the University of Illinois, Champaign-Urbana, and his Bachelor of Science degree in Architectural Engineering from Oklahoma State University where he was named the Dean’s Outstanding Graduate in Engineering, Architectural and Technology.

Mr. Greer is a member of the Association of International Petroleum Negotiators, the American Bar Association Forum on The Construction Industry, the Construction Law Section of the Houston Bar Associations and the Society of Construction Law in the United Kingdom. Mr. Greer is also a member of the Emory Law Alumni Board. From 2010 through 2013, Mr. Greer was the firm’s principal representative for the World Nuclear Association and led the Procurement Subcommittee of the World Nuclear Association’s Nuclear Law and Liability Working Group.

Publications and Speeches

Mr. Greer is the author of a number of publications and has given numerous speeches relating to construction law, including most recently:

  • Decommissioning Workshop – “Abandonment and Site Remediation Strategies for Accomplishing Legal Compliance and Cost Effectiveness, King & Spalding Energy Forum, Houston, January 2017.

  • “Mitigating Risk through Contract Strategies and during Project Execution,” at the Petrochemical Engineering and Construction Conference in New Orleans, June 2016.

  • “Federal District Court Ruling in Fukushima-Daiichi Case Has Implications for Global Nuclear Liability Management,” Law360, Co-Author, January 2015.

  • “Transactional Construction Law: Focus on Energy Projects,” Metropolitan Corporate Counsel, December 2014.

  • “Contract Considerations for Technology Assessment & Selection of Nuclear Power Plants for Embarking Nations,” Technology Assessment for Embarking Countries, International Atomic Energy Administration Headquarters, June 2013, Vienna, Austria.

  • “Mega Projects: Building Them on Time, on Budget,” Chair and Speaker, King & Spalding Energy Forum, October 2012, Houston, Texas.

  • “Performance Security - Protections Available to Mitigate the Risks of Construction Default During Construction of a Large Energy Project,” King & Spalding Energy Newsletter, Co-Author, April 2012.

  • Why Didn’t You Tell Someone? - A Review of Good and Bad Quality Assurance/Quality Control Case Studies,” ABA Forum on the Construction Industry Annual Meeting, Co-Speaker and Co-Author, February 2012, Houston, Texas.

  • New Frontiers in LNG Exports,” King & Spalding Energy Forum, December 2011, Houston, Texas.

  • Best Practices: Avoiding Unenforceable Liquidated Damage Provisions,” King & Spalding Energy Newsletter, Co-Author, August 2011.

  • New Directions in the International Growth of Nuclear Power,” Chair of Day 1 of Platts 7th Annual Nuclear Energy Conference, February 2011, Bethesda, Maryland.

  • Proven Strategies for Effectively Handling Construction Disputes,” Inside the Minds: Construction Dispute Resolution, Co-Author, 2011.

  • “Nuclear Energy Policy in Brazil: A Look at Dilma Rousseff and José Serra,” Associação Brasileira para Desenvolvimento de Atividades Nucleares (ABDAN), Co-Author, Fall 2010.

  • “The Future Energy Source for Electricity Generation,” Co-Sponsored by King & Spalding and Young Professionals in Energy, May 2010, Houston, Texas.

  • “Key Considerations for International Nuclear Projects,” Platts 6th Annual Nuclear Energy Conference, February 2010, Bethesda, Maryland.

  • International Construction Law: A Guide for Cross-Border Transactions and Legal Disputes,” Contributing Author, American Bar Association, 2009.

  • “Identifying the Risks of New Plant Development and Construction and Determining How to Avoid or Mitigate Them,” The Second Annual Nuclear Power Congress, December 2009, Naples, Florida.

  • Platt’s Fifth Nuclear Energy Power Conference, February 2009, Washington DC.

  • Middle East Construction:  Contracting in a Rollercoaster Market, “ Oil and Gas Financial Journal, January 2009.

  • Controlling Cost and Schedule for New Nuclear Construction,” Kansas Corporation Commission’s Convention on New Nuclear Power Financing Round Table, December 2008, Topeka, Kansas.

  • Controlling Cost and Schedule for New Nuclear Construction,”  The Nuclear Power Congress, American Conference Institute, December 2008, Naples, Florida.

  • Thinking Outside the Box: Alternative Contracting Methods in a Tight Middle East Construction Market,” King & Spalding Conference on “The Legal Environment for International Projects and Investment in the Middle East,” April 2008, Dubai, United Arab Emirates.

  • Controlling Cost and Schedule for New Nuclear Construction,” World Nuclear Association, Working Group Meetings, January 2008, London.

  • Cooling Down Construction Pricing in a Hot LNG Construction Market: Possible or Unlikely?,” CWC Eighth Annual World LNG Summit, December 2007, Rome, Italy.

  • Managing Owner Risk During Development of a Gas Storage Project,” Infocast 2007 Gas Storage Finance and Investment Summit, October 2007, Houston, Texas.

  • Standard Terms and Conditions/Master Purchase Order,” The In-House Counsel’s Essential Toolkit, General Business Contracts, Committee on Corporate Counsel, The American Bar Association, 2007, Chicago, Illinois.

  • The ‘Ins and Outs’ of Work Letters,” Bernard O. Dow Leasing Institute, University of Texas School of Law, Center for American and International Law, May 2007, Plano, Texas.

  • Negotiating LNG EPC Contracts in a Tight Construction Market,” 3rd Law of LNG Conference, September 2006, Houston, Texas.

  • Critical Issues for Sponsors in the Design and Construction of LNG Projects,” Tower of London K&S LNG Conference, May 2006, Tower of London, London, England.

  • “Negotiating LNG EPC Contracts in the Wake of a Tightening Construction Market,” Zeus Development Corporation’s EPC Contractor Selection and Management in a Full-Capacity Construction Environment,” August 2005, Houston, Texas.

  • Optimal On and Off-Shore Terminal Development Through Successful EPC Contracts,” LNG Contract Risk Management, January 2005, Houston, Texas.

  • How to Protect Yourself as an Owner When Contracting for the Design and Construction of LNG Import Terminals,” BNamericas Exclusive Roundtable:  The Future of LNG in Chile, November 2004, Chile, Santiago.

  • “Critical Issues Facing Owners in the Design and Construction of LNG Import Terminals,” Conference Chairman and Speaker, LNG USA - A Re-emerging Market,  November 2003, Houston, Texas.

  • “After the Dance: Substantial Completion and Beyond – Getting the Project to Final Completion,” The ABA Forum on the Construction Industry 2002 Annual Meeting, April 2002, San Francisco, California.

  • Legal Issues in Construction: The Contractor’s Responsibility Outside the Four Corners of the Contract,” American Concrete Institute Annual Convention, April 2002, Detroit, Michigan.

  • “What is the Best Delivery System for Your Project?”  Portland Cement Legal Counsels Committee Meeting, May 2000, Houston, Texas.

  • Construction Law Update,” Advanced Construction Law Seminar, Institute of Continuing Legal Education in Georgia, March 1999, Atlanta, Georgia.
EDUCATION
J.D., Emory University
M.S. Civil Engineering, University of Illinois at Urbana-Champaign
B.S. Architectural Engineering, Oklahoma State University

ADMISSIONS
Georgia
Texas
U.S. District Court for the Northern District of Georgia