King & Spalding houses one of the largest construction and procurement practices in the world, currently handling over $400 billion in construction deals. Our dedicated team—ranked among the foremost practices in the world—advises leading energy and industrial companies, as well as other major developers, to best achieve their commercial goals, avoid or minimize change orders and other project variations, and avoid or withstand disputes through the drafting and negotiating of clear, enforceable contracts.
We are known for being the first port-of-call to represent owners, developers and/or lenders in drafting and negotiating construction-related agreements in relation to construction megaprojects. Our lawyers have helped clients build projects in more than 75 countries, including in emerging markets and uncharted jurisdictions, across a number of sectors including manufacturing, power (and renewables), petrochemical, infrastructure, public private partnerships (PPPs) and oil & gas. Recent projects include:
From mitigating against strategies employed in negotiations and obtaining the best tax treatment to anticipating the legal challenges that can arise during and after construction, we work with project owners, developers and lenders to not only draft and negotiate contracts but also, with client permission, advise on scope of work, design basis, performance guarantees and other contract exhibits.
The many former engineers and other industry professionals on our team work with owners’ engineers, architects and consultants to synchronize contract content and help prevent common pitfalls in technical documentation. Supported by the firm’s project finance, environmental, international arbitration and construction litigation practices, our team collaborates to create uniquely structured contracts, many for first-of-their-kind projects.
Our work spans the full spectrum of contract structures and project delivery systems, including: engineer-procure-construct (EPC) contracts; engineer-procure-construction management (EPCM) contracts; design-build; early contractor involvement (ECI) contracts, including two stage contracting; construction and construction management contracts (at risk and agency); engineering, architectural and consulting contracts; front-end engineering design contracts (FEED); long-term service agreements (LTSA); operation and maintenance contracts (O&M); and FIDIC-based construction contracts.
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The Critical Path – September 2021
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Further Court Guidance on the Enforceability of Liquidated Damages
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Law360 profiles Rising Star Peter Berg