Integrating Technical, Commercial and Legal Elements of Project
    Development, Delivery and Operational Issues .


I.        Pre-performance Due Diligence and Investigation.
    (a)        Real Property Transfers, Rights-of Way and Abandonments.
    (b)        Discharge Permitting and Environmental Compliance Issues.
    (c)        Subterranean Site Conditions, Hazmats, Liens and Pending Litigation,  
    (d)        Power Sales, Fuel Purchase, and Other Utility Agreements.
    (e)        Lending Facilities Agreements Terms and Conditions.
    (f)         Technical and Commercial Pro-formae.
    (g)        Transnational Logistics Issues.
    (h)        Evaluation of Existing Facilities, Grey Market Equipment, Documentation.

II.        Contract Architecture and Formation.
    (a)        Continuity of Responsibilities and Work Scope Among Owner, Prime and
    Subs.
    (b)        Risk Allocation, Insurances and Warranties.
    (c)        Continuity of Terms with Overarching Agreements, Governing Regulations.
    (d)        Liquidated Damages for Delay, Performance Shortfalls.
    (e)        Indemnities and Limits of Liability.
    (f)        Suspension, Events of Default and Terminations, Limited Remedies.
    (g)        Dispute Resolution, Choice of Law.
    (h)        Change Orders.
    (i)         Exhibits, Attachments and Forms.

III.        Coordinated Proposal Process.
    (a)        Comprehensive RFP Content Minimizes Divergence of Bidders.
    (1)        Form includes Lump Sum Prices, Rates for Labor and Units of
    Construction.
    (2)        Complete Form of Contract.
    (3)        Detailed Scope of Work Consistent with Contract Allocations.
    (4)        Illustrative Drawings, Specifications, Schedules, Submittals.
    (5)        Detailed Forms of Change Order, Payment Request, Waiver of Lien
    (6)        Performance Guarantees and Schedule Constraints.

    (b)        Coordinated Clarifications and Uniform Responses to Bidders Queries.
    (c)        Integrated Adjudication of Technical and Commercial Content of Bids.  
    (d)        Conditioning Successful Bidder to Tailored Terms and Conditions.
    (e)        Detailed Contract Negotiations.
    (1)        Terms.
    (2)        Cost and Schedule.
    (3)        Scope of Work.
    (4)        Approved Subs and Suppliers.

IV.        Initial Compliance and Documentation.
    (a)        Staged Notices to Proceed and Payment.
    (b)        Insurances and Bonding.
    (c)        Cash Flow Coordination and Progress Payment Certification.
    (d)        Contractor Submittals.
    (e)        Key Personnel and Project Resourcing.
    (f)        Subcontractor and Supplier Qualification and Conformance.
    (1)        Continuity of Critical Terms and Conditions.
    (2)        Technical and Commercial Track Record.
    (3)        Guaranties and Warranties.
    (4)        Clarity of Scope and Responsibilities.

V.        Performance Issues.
    (a)        Memorialization of Events and Preservation of Rights and Remedies.
    (b)        Combined Action Adversity Avoidance and Mitigation Tactics.
    (1)        Insured Losses.
    (2)        Anticipatory Breach.
    (3)        Third Party Cover Performance.
    (4)        Spotting the Best “Story” and Sticking To It.
    (5)        Spotting Adversary’s Weakness and Exploiting It.
    (c)        Contract Amendments Arising From Unplanned Events and
    Circumstances.
    (d)        Linkage and Set-off Between Otherwise Unrelated Situations.

VI.        Project Completion, Commercial Operations and Warranty Period.
    (a)        Punchlist and Release of Retainage.
    (b)        Settlement and Release of Claims.
    (c)        Verify Complete and Accurate As-built Drawings, Manuals, Systems
    Operating Descriptions, Supplier Data.  
    (d)        Transfer of Documentation and Administration of Operations,
    Maintenance and Warranties.
    (e)        O&M Agreement.
    (f)        Long Term Service Agreement.
    (g)        Technical Services and Supply Agreements.

VII.        Facility Modifications.
    (a)        Coordinate with Supplier warranties and after market resources.
    (b)        Verify environmental permits and regulations violations.

VIII.        Facilities Shutdown, Long Term Storage and Transfer.
Barnett Law Offices, P.C.
Construction Attorney and Project Counsel With
Deep Technical and Commercial Experience in
Contracts, Claims, and Resolution of Disputes.
Located in Atlanta, Georgia.
Project Counsel Services
Representative
Subject Matter
* Project Development
* EPC Contracts
* Subcontracts
* Consortium Agrmts.
* Services Agrmts.
* Int'l. Purchasing
* Int'l. Logistics
* Insurance Claims
* Project Claims     
* Complex Disputes
* Int'l. Litigation Support
* Commercial Negotiation
* Corp. Counsel Support