Data Center Construction

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Experience

Full‑Lifecycle Support for Data Center Projects

We partner with project participants at every stage of the project, offering guidance that aligns legal strategy with project and commercial realities. Our experience spans:

  • Risk assessments and project planning
    Identifying contractual, operational, and regulatory risks before they impact cost or schedule and helping clients understand the market factors that drive these risks.
  • Contract drafting and negotiation
    Structuring agreements, including tri‑party arrangements, master services agreements, EPC contracts, and design‑build frameworks, that support fast‑moving, high‑value data center programs.
  • Project counsel support
    Advising on change management, scope evolution, schedule impacts, supply chain challenges, tariffs, and design‑related issues that frequently arise in data center construction.
  • Dispute avoidance and early‑resolution strategies
    Helping clients resolve issues proactively to maintain project momentum and preserve long‑term business relationships.

Claims, Disputes, and Litigation

Data center projects often involve complex, multi‑party disputes driven by pressing schedules, supply constraints, and evolving design requirements. P&A has deep experience managing these challenges for major data center stakeholders, including:

  • High‑value claims involving electrical, mechanical, specialty trades, and design professionals
  • Termination of downstream contractors, suppliers, or vendors
  • Payment disputes, including prompt-payment claims
  • Non‑performance/defective performance issues
  • Mechanic’s liens and bond claims
  • Delay, disruption, and scheduling issues
  • Change‑order claims
  • Full-fledged arbitration or lawsuits, in both state and federal courts

Our approach emphasizes early intervention, strategic action, and practical solutions that serve to minimize disruption to ongoing operations, contain harm to valued relationships,  and mitigate additional costs on completed projects.

Transactional Strength

We support clients in structuring the commercial backbone of data center projects, including:

  • Master services agreements for multi‑site development programs
  • Contract frameworks for hyperscale and colocation facilities
  • Negotiation of design, engineering, and construction agreements
  • Support for acquisitions and integrations within the data center ecosystem (i.e., MEP designers, specialty contractors, and technical service providers)

Our transactional work ensures that projects begin with clear expectations, aligned incentives, and contractual protections tailored to the unique demands of data center construction.

Industry‑Informed, Practical Counsel

P&A’s data center practice is grounded in real‑world project experience. We understand the pressures of rapid deployment, the importance of supply chain reliability, and the need for contracts and dispute strategies that keep pace with evolving technology and market demands. Whether advising on a single facility or a multi‑state development program, we deliver solutions that support our clients’ goals for speed, scalability, and long‑term operational success.

Professionals

Levi W. Barrett

Levi W. Barrett

Co-Managing Partner, New Jersey Office

Levi W. Barrett

Levi W. Barrett

Co-Managing Partner, New Jersey Office

Michael A. Branca

Michael A. Branca

Co-Managing Partner, Washington, DC Office

Michael A. Branca

Michael A. Branca

Co-Managing Partner, Washington, DC Office

Nathan A. Cohen

Nathan A. Cohen

Managing Partner, Los Angeles Office

Nathan A. Cohen

Nathan A. Cohen

Managing Partner, Los Angeles Office

Steven Gentoso

Steven Gentoso

Senior Associate

Steven Gentoso

Steven Gentoso

Senior Associate

Elaine Y. Lee

Elaine Y. Lee

Partner

Elaine Y. Lee

Elaine Y. Lee

Partner

Cody Schneider

Cody Schneider

Partner

Cody Schneider

Cody Schneider

Partner

Insights Shared

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