Power Project Development: Aligning The EPC Agreement And Power Purchase Agreement

Power project developers often negotiate the engineering, procurement, and construction agreement (EPC) at the same time as other project contracts. Depending on the project type and contracting paradigm, a developer (owner) must align key EPC terms with some or all of the following: (1) power purchase agreement (PPA), (2) interconnection agreement, (3) major supply agreements, and (4) operations and maintenance (O&M) agreement.

This article will evaluate the EPC as an exercise in risk allocation, and then highlight issues for […]

By | February 19th, 2021 ||

I’m Not Getting Paid. Can I Terminate the Contract?

I’d like to say that the answer is clearly yes, but that’s rarely the case with construction contracts.  Ultimately, it will come down to the facts of your situation and whether the construction contract specifically allows you to pull off the job.

Not Getting Paid

Not getting paid is probably the most popular reason contractors terminate a construction contract.  The difficulty arises when we look closely at the circumstances leading up to the owner’s decision not […]

By | February 18th, 2021 ||

Looking Towards 2021 In The Construction Industry

Two years ago, Peter Crofton, Greg Smith and Darren Rowles of SGR’s Construction Practice founded the Construction Law Section of the State Bar of Georgia.

Today, the State Bar’s Construction Law Section is excited to announce the unveiling of its recorded Oral History Project. Georgia is widely recognized as the birthplace of construction law as a distinct area of legal practice. This project honors four living legends of the Georgia Bar — James Groton, Kent Smith, Fielder Martin and John […]

By | February 17th, 2021 ||