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Project Development & Finance
McCarter & English has the experience you need to succeed, whatever your role in an infrastructure project. Our lawyers have been involved in some of the most high-profile and sophisticated project finance and infrastructure matters in the United States and abroad. Our group has extensive experience representing project sponsors and developers, architects, engineers, contractors, government agencies, service providers, product off-take purchasers and lenders in connection with transportation (road, bridge, tunnel, rail and canal), energy (nuclear, gas, wind, solar, hydro, and waste), gas pipeline, water, wastewater, communications, academic, and entertainment projects.
We are more than just lawyers and provide more than just legal counsel. We provide business and strategic advice from the outset of planning and development activities through completion of construction and settlement of any warranty claims. We can structure, negotiate and document the full array of project and financing agreements to suit your specific needs. Our team can help identify market, regulatory, revenue, production, environmental, political and other risks, propose methods to mitigate those risks—whether through insurance policies or contractual indemnities—and advise on ways to minimize or reduce liabilities.
We provide comprehensive and strategic legal advice, drawing upon our experience and expertise in construction, corporate and commercial, environmental, project finance, real property development, tax and regulatory matters to offer a truly multidisciplinary approach to:
• Project development and structuring
• Risk analysis and management
• Transaction and project due diligence
• Regulatory and environmental advice
• Project documentation and contract negotiation
• Project financing
• Dispute resolution and litigation, if required
We help project participants in a range of industries navigate the nuances of large, complex infrastructure transactions to deliver timely, cost effective results. The industries we serve include:
• Power generation and transmission (both fossil fuel based energy and all forms of renewable energy, including wind, solar, hydro and geothermal)
• Oil and gas (including natural gas pipelines)
• Infrastructure (including roads, bridges and ports)
• Mining and metals
• Educational facilities
• Water and wastewater treatment facilities
• Telecommunications (including wireless, landline and satellites)
CANAL – Panama Canal Expansion Project
Represented a Panamanian contractor in an international consortium building the third set of locks in the $4 billion expansion of the canal.
ELECTRICITY GENERATION – Combined Cycle Electric Generating Plant
Represented the cooperative owner and builder of a generation facility featuring two 150 MW combustion turbine-generators, one 163 MW combustion turbine-generator with inlet chilling, and a 168 MW generating facility made up of 18 quick-start engines.
ELECTRICITY GENERATION – Natural Gas-Fired Combined Cycle Power Plant
Represented the privately owned developer of an 890 MW, $1.3 billion natural gas–fired combined cycle power plant in central New Jersey.
ELECTRICITY GENERATION – Pennsylvania Refuse–Fired Facility
Represented the municipal owner/operator of a $200 million refuse fired electric generation facility in Central Pennsylvania.
EMBASSY – Kabul, Afghanistan
On behalf of the U.S. Department of State, negotiated a sole source contract with the U.S. Department of State, Diplomatic Security for armed force protection of the Kabul Embassy, after U.S. Marines withdrew to participate in Iraq.
HYDROELECTRIC GENERATION – Panama Power Plant
Represented a contractor with regard to the construction of a $500 million power plant in northwest Panama.
NATURAL GAS PIPELINE – Patriots Energy Project
Represented Patriots Energy regarding a publicly financed, 42-mile high-pressure intrastate natural gas pipeline; also served as general counsel to Patriots Energy.
NUCLEAR POWER – Instrumentation and Control (NuREG) Audit
Oversaw Nuclear Regulatory Commission Environmental Equipment Qualification Program for nine utilities involving 17 nuclear plants. Acted as Site Auditor and third party independent reviewer for compliance and confirmation of an auditable program; qualification of files and maintenance programs; testing, procurement and warehousing; receipt inspection and documentation; trending and sampling analysis; and worker staff training programs.
POLLUTION CONTROL PROJECT – Florida Generation Facility
Represented a service provider in connection with the $250 million retrofit of an electric generation facility in Florida and the purchase of related fuel from a foreign governmental entity.
PUBLIC PARK – Hudson River Park Trust
Represented the Trust, a New York State agency, in a public–private partnership to construct a signature outdoor entertainment facility on a pier on the west side of Manhattan.
RAIL – Saudi North South Rail
Counsel to the four-member joint venture (U.S., Canada, France and Saudi Arabia) involved in the design, construction, inspection, and oversight of the 1,200-kilometer Saudi North South Railway between two mineral mines and the seaport, including added passenger service and stations, transit over the El Nafud desert, downtown and airport terminals, facilities and maintenance, and workshops, camel crossings, rolling stock. Oversaw the negotiation and placement of PLI coverage with a local insurance carrier.
SOLAR – New Jersey Projects
Represent the developer of numerous projects throughout New Jersey totaling more than 50 MW of capacity.
TELECOMMUNICATIONS – Fiber–Optic Suboceanic Telecommunications Cable
Represented project sponsor Emerald Networks in connection with a $300 million fiber–optic suboceanic cable project.
TOLL ROAD – Northeastern United States
Represented the public owner of a roadway in connection with a series of borrowings totaling over $2 billion that financed a series of road widening projects.
TUNNEL – Boston's "Big Dig"
Served as counsel to the Massachusetts Turnpike Authority and the Massachusetts Highway Department in connection with the $14 billion Central Artery/Tunnel Project, the largest and most complex highway project in United States history. We were responsible for analysis and resolution of contractor claims and for prosecuting Project claims against contractors and designers arising from defective work.
UNIVERSITY CAMPUS– Technion/Cornell Project in New York City
Represented Technion, Israel Institute of Technology in a joint venture with Cornell to develop and construct a $2 billion applied science graduate school and research facility on land provided by the City of New York on Roosevelt Island.
WASTEWATER – Pennsylvania Treatment Facilities
Represented the municipal owner of a wastewater treatment system in Eastern Pennsylvania in connection with a $150 million borrowing and subsequent system improvements.
WIND POWER – Texas Wind Farm Acquisition
Represented an electric cooperative in its acquisition of a 78MW wind facility made up of 34 turbines near Amarillo, Texas.
103 McCarter & English Attorneys Named 2016 Super Lawyers and Rising Stars
Sean Beeny and John Gregg interviewed in "FERC Priorities for 2016: What's On The Horizon For The U.S. Power Grid And Pipelines?," which appeared in Metropolitan Corporate Counsel
Wylie Donald quoted in “Attorneys React To The Paris Climate Change Deal," which appeared in Law360
McCarter & English Listed in U.S. News - Best Lawyers 2016 “Best Law Firms” Rankings
James Kosch quoted in “PENPAC Endorses Pro-Business Pro-Job Candidates," which appeared on PolitickerNJ
Project Showcase: Improving Infrastructure Finance
Barbara J. Kroncke
National Development Finance Summit
Coal Plant Retirements: Risks and Opportunities, National Rural Electric Cooperative Association
J. Wylie Donald
Generation & Transmission Legal Conference, Seattle, WA
So You Want To Shut Down Your Coal-Fired Power Plant? - The Metropolitan Corporate Counsel
John J. McAleese
The Metropolitan Corporate Counsel
Critical Cyberinsurance Considerations for Utility Execs
J. Wylie Donald
Jennifer Black Strutt
Environmental Law: Building Solar Energy Projects on Landfills in N.J.
New Jersey Law Journal
Siting Solar Facilities on Landfills - Interview with Lanny Kurzweil and Marshall McLean
Lanny S. Kurzweil
The Metropolitan Corporate Counsel
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