Power & Industrial Facilities/EPC

The Power of P&A

Peckar & Abramson began representing the power and industrial sector shortly after opening our doors in 1978. Our attorneys now operate from ten different offices throughout the United States, supported by an array of international relationships.

Experience

We have successfully represented owners, contractors, construction managers and equipment vendors and suppliers in connection with a vast range of national and international power and industrial projects, including:

    • Nuclear
    • Fossil
    • LNG
    • Hydro-electric
    • Manufacturing
    • Industrial fabrication
    • Cogeneration facilities
    • Waste water treatment facilities
    • Bio-fuel
    • Solar power facilities
    • Pipelines
    • Distribution systems
    • Infrastructure projects

This extensive range of experience has provided Peckar & Abramson’s attorneys with a nuanced understanding of the complexities and implications of a wide variety of project delivery methods, including design/build, EPC, EPCM, fixed priced, target price, unit price and cost reimbursable contracts.

Industry Changes

The power and industrial industries are experiencing a significant transformation as a result of new regulations, increased competition and evolving attitudes toward acceptable energy sources and new technologies. Now more than ever, industry participants involved in the construction of power and industrial facilities benefit from counsel provided by lawyers with diverse, highly specialized experience who provide effective and efficient advice through the full spectrum of construction issues that arise on power projects.

Client-Lawyer Partnership

Power and industrial projects are often long-term undertakings that involve hundreds of millions, if not billions, of dollars, and frequently involve longstanding, important business relationships. Those involved in such major projects maintain and enhance their business relationships by preventing disputes from derailing their mutual goals. Peckar & Abramson understands these goals and how to partner with our clients to achieve them.

Our attorneys are uniquely capable of assisting clients from the earliest stages of a project by formulating and negotiating the critical contracts and ensuring that they are consistent with our clients’ risk and operational profiles. We have extensive experience, as members of operational teams, in providing our clients with real-time risk management guidance for long-term, on-site assignments. We also participate in contract close-outs to help ensure that they are smooth and final.

Dispute Resolution with a Focus on Results First

When necessary, we are vigorous advocates in arbitrations and in litigation. While we have a deep bench of attorneys who can provide the requisite resources for even the most complex cases, we staff only as needed to meet the demands of the case and our partners remain directly involved in finding efficient and effective solutions to the most challenging legal issues.  We also regularly represent clients before Dispute Review Boards and in mediations to facilitate client-controlled resolutions.

P&A Empowers its Clients

Peckar & Abramson represents its Power & Facilities clients in:

  • Drafting, negotiating and assessing risks in prime contracts, subcontracts, joint venture, consortium and other related agreements
  • Managing the commercial administration of ongoing projects
  • Interacting with joint venture or consortium partners
  • Providing claim-avoidance services
  • Developing affirmative claims for successful resolution
  • Asserting and defending claims in every aspect of the dispute resolution process

Whether a client needs assistance in structuring a business deal, single-issue guidance, short-term advice, a seconded attorney for the project’s term, or a sophisticated, zealous advocate, the Power of P&A achieves Results First℠

Now more than ever, industry participants require lawyers with diverse experience and specialized expertise to provide effective and efficient counsel through the full spectrum of construction and regulatory issues that arise with power production, oil and gas and petrochemical projects.

MICHAEL A. BRANCA
Partner
Washington, DC
View PDF

PROFESSIONALS

Related Practice Areas

Insights

  • COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs (Presentation Slides)

    COVID-19 Employer Guidance: Expanded Leave Under Federal, NJ, NY/NYC Laws and Layoffs. Presentation date March 30, 2020 (Presentation Slides)

  • COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing (Presentation Slides)

    COVID-19 Employer Guidance: Workplace Safety – OSHA, CDC, and Virus Testing. Presentation date March 26, 2020 (Presentation Slides)

  • Coronavirus (COVID-19) Impacts Access to Working Capital Under Credit Facilities

    The Coronavirus (COVID-19) pandemic has, or likely will have, negative economic consequences for many, including companies facing significantly reduced cash flow and unprecedented liquidity concerns as they attempt to meet obligations like payroll.  Companies may need to utilize their credit facilities for working capital. While the access to credit facilities is critically important, the negative […]

  • The Discoverability and Admissibility of Plaintiff’s Prior Complaints of Discrimination Against Non-Party Employers

    When an employer is sued for employment discrimination and is facing trial, one common evidentiary fight is whether the employer will be permitted to introduce evidence of other claims of discrimination or harassment that the plaintiff has made against former or subsequent employers. Taking discovery from a plaintiff concerning other claims is essential, and it […]

  • Employer Guidance – Coronavirus Workplace Safety, Employee Screening and CDC/OSHA Compliance

    Employers nationwide are struggling to cope with the developing situation regarding COVID-19. OSHA and the CDC have issued preliminary guidance for employers and workplaces in coping with the instant epidemic.   OSHA’s complete guidance on preparing workplaces for COVID-19 is available HERE. The CDC’s interim guidance for businesses and employers is available HERE. In this alert, […]

  • Warren Friedman Published in Daily Business Review/Law.com

    Warren Friedman‘s article, “Here’s Some Guidance for Construction Contractors About Mitigating Coronavirus Risks,” was published in the Daily Business Review/Law.com on March 27, 2020. As work on some construction projects in South Florida has been suspended, it is likely more suspensions will follow. Friedman discusses what contractors can do to avoid losses due to the […]

  • Families First Coronavirus Response Act

    In a time when multiple new regulations and guidance from the Federal Government, as well as Executive Orders from states and counties abound, one new piece of federal legislation – the Families First Coronavirus Response Act (the “Act”) – deserves attention from every industry. Signed into law on March 18, 2020, the Act – which […]

  • COVID-19 Impacts on Federal Government Contracts – Protecting Your Rights Associated with Delays & Suspensions of Work

    The Coronavirus (COVID-19) is impacting the construction industry in both the public and private sectors. A recent Associated General Contractors online survey revealed that more than a quarter of the respondents have already been directed to halt or delay work on a project. See Associated General Contractors, Data Digest, Vol. 20, No. 11, March 23, […]

  • GENERAL COVID-19 (CORONAVIRUS) GUIDANCE FOR EMPLOYERS

    This memorandum provides the background guidance, a summary action-plan, and an appendix with resources from the CDC, OSHA, and the EEOC. For more specific local information, please be guided by information being issued by your local public health offcials and state and local authorities. Laws and guidance are evolving rapidly and may be subject to […]

  • Planning Now to Prove Your COVID-19 Damages and Delays Later

    Right now, your construction projects may be in a state of uncertainty and flux as a result of the COVID-19 outbreak, but in the future, you may need to be specific about added costs and time lost to secure time extensions and recoveries.  Action now may be enormously helpful in the future. Many contractors are […]

  • Gary Stein Quoted as Source in Daily Business Review/Law.com Article

    Gary Stein was quoted in an article titled, “South Florida Builders Active, But Pipeline Stalls Amid Coronavirus”, which appeared in the Daily Business Review/Law.com on March 19, 2020. Stein was quoted a number of times throughout the piece, stating “In the construction industry, time is money. So if there is a suspension of a project […]

  • You’ve Been Suspended – Were You Ready?

    “Effective tomorrow … the City is suspending all regular activity at construction sites in Boston.”  This was just one of the surprises that greeted contractors last week.  Contractors and owners with projects across the country are scrambling to comply with mandated governmental suspensions.  Project participants should begin contingency planning for possible project shutdowns. Reacting to […]

  • Richard R. Volack Quoted as Source in Construction Dive

    Richard R. Volack, Chair of the firm’s Cyber Security & Data Privacy practice, recently discussed how construction companies should react to a hack with Construction Dive. He urges every company to have a response plan, insurance, and a relationship with a data analyst who can quickly help investigate the magnitude of a hack. Construction Dive

  • Coronavirus (COVID-19) – Guidance for Contractors

    The Coronavirus has been the subject of an extraordinary amount of media coverage since the start of 2020.  As we approach the end of the first quarter of the year, its impact on local and global economies and our way of life cannot be ignored. This Alert will provide the construction industry with guidance and […]

  • PROMISSORY ESTOPPEL – Your friend when asked to do change/extra work with no written change order 

    The Problem: Have you ever run into the following situation:  The Project Owner insists on performance of change or extra work with no written, signed change order, with a promise to provide you as General Contractor or CM with a change order later.  You remind them that the contract requires a written, signed change order […]

  • NLRB Issues Final Rule Providing Clarity on the Factors Governing Joint-Employer Status

    On February 26, 2020, the National Labor Relations Board issued its final rule governing joint-employer status under the National Labor Relations Act (NLRA). The final rule restores the joint-employer standard that was applied for several decades prior to the 2015 decision in Browning-Ferris, giving greater clarity and guidance. The new rule will benefit employers in the […]

  • In Memoriam: Joseph (“Joe”) Reisman

    Joe Reisman, retired partner and father of our Vice Chairman, Stephen Reisman, passed away peacefully on February 26, 2019 at the age of 91. Well-known in and beyond the South Florida real estate, construction and legal communities, we remember Joe fondly as an engaging, kind, and brilliant individual – an example of the “consummate gentleman”. […]

  • Peckar & Abramson Partner Bruce D. Meller Receives 2020 Client Choice Award

    Peckar & Abramson, P.C. is pleased to announce that Bruce D. Meller, a Partner in the Firm’s New Jersey office, has been awarded the 2020 Client Choice Award in the area of Construction in the United States. Bruce is the sole recipient of the award in his respective category in the United States. “This award […]

  • FY2021 H-1B Lottery: An In Depth Look at the Major Changes on the Horizon

  • NYC Design-Build Law: Lowest Bid No Longer Ensures a Win

    Thanks to the newly minted “New York City Public Works Investment Act,” seven NYC agencies have been granted the authority to use a Design-Build Contract model when putting their construction projects up for bid. This approach, in which one contract outlines both design and construction requirements, is meant to cut project costs and reduce timetables […]