Glaholt LLP represents parties involved in disputes related to construction projects of all sizes and all different contractual delivery methods. Understanding the unique matrix of liabilities that arise under different project types and different project delivery methods is necessary to address the myriad complex issues, unique to the construction industry, that may arise in the event of a dispute. Our lawyers have the knowledge and experience to provide clients with the best representation possible, no matter the industry or the project delivery method.
Two particularly complex contract delivery methods include Engineering, Procurement, and Construction Management (EPCM) contracts, and variations thereon and Public-Private Partnerships (P3).
Large-scale infrastructure projects, particularly in the Oil and Gas, Power Generation, and Mining and Metals sectors, are frequently designed and built under EPCM contracts. The EPCM method of delivery creates a unique matrix of contractual risk allocation and the size of these projects can create burdensome volumes of evidence, requiring specialized litigation management. Managing complex EPCM project disputes requires experience, construction expertise, and special skills. Glaholt LLP’s lawyers bring the required depth and breadth of knowledge to navigate not only disputes between owner or trade contractors and the EPCM contractor but also to understand the unique interrelationship between the engineering, procurement, and construction management arms of the EPCM contractor.
The P3 model is increasingly employed on large public infrastructure projects. Risk allocation under P3 projects is unique, with a focus on long term, performance based objectives. In particular, the private sector picks up financing and construction risk, as well as risk for the performance of the asset, and costs for the lifecycle of the asset are determined upfront, often twenty to fifty years in advance. Most often, payment is not made until the project is constructed and typically a portion of the costs are amortized over the life of the asset. Glaholt LLP’s range of experience on P3 projects provides clients with the depth of legal and strategic insight that they need to successfully navigate these complex disputes.