Energy, Construction, & Infrastructure
Counsel for consequential projects—from early design, engineering, and procurement, through construction, completion, and recovery.
Elkhoury Law advises owners, developers, contractors, engineers, manufacturers, suppliers, public entities, lenders, and other project participants on the contracts and decisions that shape energy, construction, and infrastructure projects.
The firm’s work includes project-delivery strategy, engineering and construction agreements, procurement and supply arrangements, execution-stage counsel, change management, risk allocation, project recovery, and closeout.
Selected Experience
Public Design-build Program.
Counsel to one of the nation’s largest local governments in developing program-wide general conditions governing the procurement and execution of public design-build projects.
Clients engaged Elkhoury Law for the following representative matters:
Critical Infrastructure.
Counsel to several engineering and manufacturing companies in nine-figure and eight-figure fabrication agreements supporting critical-infrastructure projects.
Health-campus development.
Counsel to the owner in negotiating the design-build agreement for a nine-figure health-campus project.
Cross-Border Supply Chain.
Counsel to a heavy-industrial manufacturer in negotiating eight-figure cross-border supply-chain agreements.
Resource Facilities.
Counsel to an engineering consortium in negotiating FEED-stage delivery of substantial upgrades to a major resource facility.
Power Plant Development.
Counsel to owners and other project participants developing behind-the-meter power plants, including pre-FEED, FEED, OFE, and EPC procurement.
Renewable Energy Development.
Counsel to a major local government in negotiating an approximately $90 million community renewable-energy development program delivered through design-build.
Midstream Facilities.
Counsel to the owner of a midstream facility in handling nine-figure project recovery efforts related to delays, defects, and performance.
Counsel Across the Project Lifecycle
Important project decisions are made long before construction begins and continue through commissioning and closeout. Elkhoury Law works with project and business teams to establish workable contract structures, administer them during execution, address emerging problems, and preserve the path to completion.
Development & Delivery Strategy
Counsel during project planning and procurement can determine how design responsibility, cost, schedule, performance, and interface risks will be allocated for the life of the project. The firm advises on delivery structure, procurement strategy, scopes of work, term sheets, bid and proposal documents, and the coordination of principal project agreements.
This work may include:
Evaluating EPC, design-build, design-bid-build, CMAR, construction-management, and other delivery structures.
Defining owner, contractor, engineer, supplier, and consultant responsibilities.
Coordinating engineering, procurement, construction, supply, insurance, and financing requirements.
Reviewing bid packages, proposals, assumptions, exclusions, clarifications, and award documents.
Aligning upstream and downstream obligations across the contracting structure.
Engineering, Construction & Procurement
The firm drafts and negotiates the agreements that govern project development and delivery, including:
Design-Bid-Build/Traditional Design-Tender Construction Agreements.
Engineering and Professional-services Agreements.
Long-lead Procurement Agreements, including Slot Reservation Agreements.
Subcontracts and Consultant Agreements.
Letters of Intent, Early-work Authorizations, and Limited Notices to Proceed.
Commercial Structures
Project economics depend on more than the headline price. The contract should define the scope of inclusions, how compensation changes, which costs are reimbursable, how quantities are measured, how contingencies and allowances may be used, and what documentation supports payment.
The firm advises on:
Incentives, shared savings, target pricing, allowances, and contingencies.
Escalation, indexation, taxes, tariffs, and supply-chain adjustments.
Payment security, retainage, audit rights, and cost substantiation.
Project Execution
Contract terms become valuable only when project teams can use them. During execution, the firm works with leadership, project management, engineering, procurement, commercial, and in-house legal teams to interpret requirements, evaluate options, document decisions, and respond to changing conditions.
Execution-stage counsel may include:
Contract administration and compliance.
Scope development and interface management.
Notice and documentation strategy.
Change management and change-order negotiation.
Schedule, milestone, and completion issues.
Submittal, inspection, testing, acceptance, and commissioning requirements.
Payment applications, cost review, and contingency administration.
Procurement delays, nonconforming goods, and supplier performance.
Insurance, indemnity, bonding, and contractual risk transfer.
Suspension, termination, replacement, and transition planning.
Avoidance, Recovery & Resolution
Not every project problem needs to evolve into a formal dispute. Early legal involvement from a specialist can help clarify contractual responsibilities, improve the project record, support a negotiated solution, and keep the parties focused on performance and completion. When an issue cannot be resolved , the work already done to clarify obligations, preserve the record, and evaluate commercial options provides a disciplined foundation for arbitration or litigation.
The firm can step in when projects encounter:
Scope gaps and interface issues.
Design development problems or incomplete deliverables.
Changes, unforeseen conditions, and owner directives.
Procurement failures and delayed or nonconforming equipment.
Schedule slippage, acceleration, and disrupted work.
Cost growth, contingency pressure, and payment issues.
Quality, testing, commissioning, and performance concerns.
Contractor, subcontractor, supplier, or consultant distress.
Suspension, termination, replacement, or takeover scenarios.
We protect your position while preserving practical paths for performance, completion, and recovery. When formal proceedings become necessary, the firm handles claim development, negotiation, mediation, arbitration, and litigation with the same focus on commercial objectives and project outcomes.
Energy & Industrial Projects
Energy and industrial projects depend on coordinated engineering, procurement, construction, equipment, and commercial arrangements. Gaps between those agreements can create schedule exposure, performance uncertainty, stranded design work, and disputes over responsibility.
Elkhoury Law advises on the project contracts and execution issues associated with:
Conventional and renewable power generation.
Behind-the-meter generation and energy infrastructure.
Resource, process, chemical, and industrial facilities.
Pipelines and related facilities.
Solar and other renewable-energy developments.
Manufacturing and fabrication.
Critical equipment and long-lead procurement.
Facility expansions, upgrades, and brownfield work.
Construction & Infrastructure Projects
The firm advises on private and public projects involving healthcare, commercial development, manufacturing, public facilities, civil works, and other infrastructure. Engagements may concern a single critical agreement, a portfolio or program, or ongoing counsel throughout delivery.
Our work includes:
Alternative delivery and procurement.
Design and construction contracting.
Program-wide general conditions and contract forms.
Engineering and consultant agreements.
Public and private procurement documents.
Equipment, fabrication, and material supply.
Project administration and change management.
Completion, closeout, warranty, and post-completion issues.
Contact
To discuss an energy, construction, or infrastructure project, contact Andrew Elkhoury.