BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month April 21, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Data Center Construction Project Agreements: Pre-Drafting Concerns, Key Provisions, Mitigating Risk

Delivery Methods, Supply Chain, Tariffs, Environmental Challenges, Risk Management

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$252.45
Save $44.55

Discount expires 4/7/26

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About the Course

Introduction

This CLE webinar will examine the complexities of data center construction projects, unique considerations and risks facing the project parties, and how to mitigate these risks through careful contractual drafting.

Description

Growth in cloud computing and artificial intelligence continues to drive the need for data centers. Data center construction projects are among the most complex in the commercial real estate market. Therefore, counsel should understand key considerations for data center construction projects and how these may impact delivery method selection, unique risks facing the parties, and how to mitigate these risks in the contract.

Unique issues facing data center construction projects that should be addressed in the agreements include potential supply chain disruptions, utility and power issues, pricing volatility and tariffs, and environmental concerns. 

Key provisions include, among others, indemnification and risk management clauses, payment schedules, and damages provisions.

Listen as our expert panel examines the complexities of data center construction projects, unique issues and considerations for project planning and contractual drafting, and best practices for mitigating risks.


Presented By

James P. Bobotek
Partner
Pillsbury Winthrop Shaw Pittman LLP

Mr. Bobotek guides clients through all phases of development and construction of commercial properties, including preparation, review and negotiation of development, design, construction, design-build, and related agreements. He also counsels clients in analyzing insurance coverage claims, formulating risk management strategies, and developing contractual insurance requirements. Mr. Bobotek has secured many favorable outcomes for commercial policyholders on CGL, builder’s risk, commercial property, business interruption, E&O, cyber, professional liability, D&O, pollution, fidelity and other claims.

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Jake Carroll
Partner
Nelson Mullins Riley & Scarborough LLP

Mr. Carroll advises clients in the construction, manufacturing, and real estate industries handling matters relating to commercial transactions, complex disputes, and corporate issues. He is a published authority on Georgia construction law as co-author of the Georgia Construction Law Handbook, a leading treatise published annually, and has specialized expertise in the agricultural equipment industry.

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Arielle L. Murphy
Counsel
Pillsbury Winthrop Shaw Pittman LLP

Ms. Murphy’s practice involves the drafting and negotiation of construction, consulting, design, development, installation, and other construction-related agreements for large office, residential, hotel, and mixed-use projects. She also assists clients with various real estate matters, including the acquisition, development, management, and leasing of commercial and mixed-use properties.

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Credit Information

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


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 21, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction 

A. The surging demand for data centers

B. What makes data center construction projects so complex

II. Data center project agreements

A. Delivery methods and impact on the agreement

1. Design-build

2. Engineering procurement construction 

3. Others

B. Unique issues to be addressed in the agreement

1. Supply chain

2. Utility and power issues

3. Environmental regulations

4. Pricing volatility and tariffs

5. Others

C. Key provisions for data center projects

1. Project scope and performance obligations

2. Payment schedules

3. Indemnification and risk management

4. Penalties and damages

5. Force majeure 

6. Others

III. Key takeaways

The panel will review these and other important issues:

  • Why are data center projects considered to be some of the most complex commercial construction projects?
  • What are important pre-drafting considerations for data center construction projects?
  • What key provisions are unique to these projects?
  • What risks do project parties face, and how may these be mitigated in the project agreements?