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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:
- The majority of U.S. LNG export facilities and recent U.S. import terminals;
- Overseas LNG projects, including a $50 billion project in Mozambique which is the largest infrastructure project in the history of Sub-Saharan African;
- The world’s largest petrochemical facilities;
- The world’s largest power and water desalination projects, many of which have won “Deal of the Year”;
- Saudi Arabia’s first wind project, one of the world’s largest which received PFI’s “Renewable Power Deal of the Year”;
- The first two “giga” projects in the Middle East valued in the hundreds of USD billions;
- Nuclear plants, fossil-fueled and renewable-power projects;
- Waste-to-energy, biofuel and clean energy projects;
- Oil and gas platforms, pipelines and storage projects;
- Over 50 district energy projects globally;
- Over 40 hydroelectric power projects globally;
- Battery storage, carbon capture and hydrogen projects;
- A global logistics company and the expansion to its worldwide hub;
- The world’s largest cement manufacturing facility;
- Commercial and social infrastructure, including hospitals, schools, luxury hotel developments, maximum security prisons and stadiums;
- The largest coal mine in Latin America.
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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