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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • 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
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

As a seasoned trial attorney, Mr. Lifschitz has tried cases to verdict across the country in virtually every type of adjudicative forum and is an accomplished appellate advocate, having argued appeals in many federal and state appellate courts. Having won one of the largest liquidated damages awards in the history of the construction industry, Mr. Lifschitz has extensive experience in construction-related matters, including power and energy construction matters in which he represents clients in EPC contracts and disputes. He represents governmental and private owners and regional, national, and international contractors, construction managers, subcontractors, design professionals, sureties, and insurance companies in disputes, trials, ADR proceedings, and negotiations. Representing clients in complex commercial litigation, Mr. Lifschitz has a wealth of experience in every aspect of trial practice, including shareholder and 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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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, in which more risk is assigned to the contractor, is a well-established procurement route for many projects, the growing complexity of energy projects--including significant cost overruns--has increased reluctance in many contractors to enter into these types of agreements.

On the other end of the spectrum are EPCM agreements that allocate more risk to the owner and may thus be less desirable to owners. Further, protecting financers' interests can introduce misalignment with efficient risk allocations between the contractor and owner. 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

  1. Introduction
    • Unique challenges and risks in energy projects
  2. Selecting the right contract structure: pros and cons for owners and contractors
    • EPC
    • EPCM
    • Hybrid structures
  3. Financial considerations
  4. Key contractual provisions specific to energy projects
  5. Claims resolution
  6. 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?