

| Construction Attorney and Project Counsel With Deep Technical and Commercial Experience in Contracts, Claims, and Resolution of Disputes. Located in Atlanta, Georgia. |



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| Construction Attorney and Project Counsel With Deep Technical and Commercial Experience in Contracts, Claims, and Resolution of Disputes. Located in Atlanta, Georgia. |


| Asset owners contemplating an expansion, acquisition or construction of a capital project may optimize the sequence and substance of project development decisions leading to a particular project configuration and delivery system when supported by a logic driven process of convergence. Such a process and several project delivery options are illustrated in the Power Project Development and Delivery Outline linked above. Our clients routinely avoid unnecessarily disrupted and repeated efforts during development and delivery of projects because sufficient information underlying each project decision is assembled, together with pertinent options and recommendations, before any such decision is made. For example, third party financing is generally accompanied with certain fees, surety requirements and other obligations materially affecting project costs, risk allocation and the relationships among project participants. We avoid costly re- bidding and post-agreement negotiations by establishing the requirements of preferred financing facilities before developing project contracts and bid packages. Additionally, in our experience a project delivery system should be tailored to a particular project configuration in order to maximize project delivery efficiencies. We encourage owners to substantially develop internal constraints and preferences relating to project siting, commercial content, process and physical configurations before deciding on a preferred project delivery system i.e. EPC, multiple primes, or third party build-operate-transfer, among others. A logic driven convergence upon a project delivery system that is tailored to an owner's needs and exploits the efficiencies of project participants saves money and avoids unnecessary friction and other losses resulting from the misalignment of expectations among such project participants. |