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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Monday, June 9, 2025

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide a comprehensive overview of the contract structures used in construction for energy projects, including traditional engineering, procurement, and construction (EPC) and engineering, procurement, and construction management (EPCM) agreements. The panel will discuss key contractual provisions unique to energy projects that must be considered during the negotiation and drafting of project agreements to ensure owner and contractor protections, properly allocate risks throughout project construction, and avoid and mitigate claims.

Faculty

Judah Lifschitz
Partner, Co-Chair Power & Energy Construction and Construction & Surety Practice Areas
Barclay Damon

Representing clients in complex commercial litigation, Mr. Lifschitz has a wealth of experience in every aspect of trial practice including shareholder / partnership disputes, real estate matters, contract disputes, civil RICO and general commercial disputes. Additionally, he has represented clients in civil fraud investigations and brings extensive experience to his clients in government procurement issues. Mr. Lifschitz’s clients represent a variety of industries, including construction, power and energy, aerospace, electronics, manufacturing, shipbuilding and technology.

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Laura Fraher
Partner, Co-Chair Power & Energy Construction Practice Area
Barclay Damon

With over two decades of commercial litigation experience, Ms. Fraher focuses her practice on complex commercial and construction litigation, including power and energy construction matters. She has represented owners, general contractors, subcontractors, and construction managers in a wide variety of complex construction litigation. Recognizing that litigation is rarely the best use of a client’s time and resources, Ms. Fraher prioritizes guiding clients to early dispute resolution and supports them at all stages of the dispute process. In addition to her litigation practice, Ms. Fraher has extensive transactional experience. She drafts, negotiates, and provides strategic advice to clients regarding construction contracts for large-scale projects, including commercial, residential, and EPC contracts for power plant and industrial facility projects.

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Description

Construction contracts for energy projects require special attention given unique challenges and risks. Selecting the right contract structure is critical to effective project management and dispute resolution. While EPC contracting is a well-established procurement route for many projects, the complexity of energy projects--including significant cost overruns--has increased reluctance in some contractors to enter into these types of agreements.

EPCM agreements change the standard risk allocation approach and require that both contractor and owner fully understand the implications for all concerned including not only the owner and contractor but also equity investors and lenders. Therefore, counsel and their clients have become creative in developing customized or hybrid contract structures combining elements of EPC and EPCM agreements.

Owners and contractors must understand contracting models and delivery systems, performance standards, limitations of liability, available remedies, and other essential items to achieve the most appropriate construction contract for each energy project.

Listen as our expert panel discusses effective contract structures for energy construction projects. The panel will address pros and cons for contractors and owners, financial considerations, and key provisions unique to energy projects.

Outline

I. Introduction

A. Unique challenges and risks in energy projects

II. Selecting the right contract structure: pros and cons for owners and contractors

A. EPC

B. EPCM

C. Hybrid structures

III. Financial considerations

IV. Key contractual provisions specific to energy projects

V. Claims resolution

VI. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are the advantages and disadvantages of utilizing EPC vs. EPCM contracts for energy projects?
  • What risks are assumed by owners under each? By contractors?
  • What types of hybrid agreements may be beneficial for energy projects?
  • What are key contractual provisions unique to energy projects?