Shapiro, Lifschitz & Schram

“They are all a real pleasure to do business with – super guys!”

John Driggs – Owner, The Driggs Company, LLC

“Tips and tactics for negotiating and drafting EPC contracts for power and energy projects,” Construction Executive

In an article published on July 8 in Energy & Mining International, Dan Kapner discusses tips for engineering, procurement and construction (EPC) contracts in power and energy projects. “Power and energy projects involve significant, unavoidable risks that must be allocated between project participants, including complex systems and equipment, high costs, substantial time and technology,” he explains. “To increase the likelihood of a project’s success, it is critical that each owner and engineering, procurement and construction (EPC) contractor understand these risks and weigh the likelihood of both positive and negative outcomes.”

Determining the optimal contracting model is one of the tips he shares. “A critical initial decision for an owner is whether it wishes to – and is financially and practically able to – allocate all risks for major equipment such as turbines and generators, and related technology onto the EPC contractor.” He also provides guidance on determining the optimal pricing model. This can include a “fixed price” for the entire EPC scope, a “firm price”  – i.e., a fixed price that is subject to escalation for certain price increases, such as an increase in the cost of steel – or a “target price,” which is a cost-reimbursement model established through an open book estimate process. He states, “Each of these pricing models carries significant risk implications, so it is critical that the project participants understand and evaluate which model is most appropriate for the project.”

For the full article, click here.

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?