Construction Projects
White & Case LLP has broad experience in advising clients on all aspects of international engineering, procurement and construction projects from bid documents to financing, financial support arrangements, concession contracts, joint ventures, construction contracts, subcontracts, technology supply and license agreements, technical service agreements, project management agreements, operational management agreements, contract administration, claims, disputes, alternative dispute resolution techniques and, where necessary to resolve disputes, international conciliation and arbitration.

The clients of the Firm in this field are located around the world and include: major international civil works and process plant contractors; sovereign states and state-owned bodies, including government ministries; private owners and real estate developers; commercial companies in the oil and gas industry; architectural, consulting engineering and similar professional service firms; and insurance companies, banks and financial institutions.

The Firm is experienced in the use of the principal forms of construction contract employed internationally including, among others, the F.I.D.I.C., E.N.A.A., E.D.F., I.C.E., A.I.A. and U.S. Corps of Engineers' forms and other important domestic forms in various countries. The Firm has also developed, particularly for its sovereign clients, alternative forms of construction contract.

Over the years White & Case has represented numerous sovereign states or state-owned entities with respect to government contracts, procurement and related issues. The Firm has represented the Indonesian State and various state-owned entities including Pertamina, the state-owned oil company, and Krakatau Steel, the state-owned steel company, over the last 15 years in relation to virtually every major public sector industrial project implemented in that country, including numerous oil and gas, mining, power generation and other infrastructure projects, as well as the construction of many different types of process plants.

Project and Infrastructure Finance
White & Case has an extensive worldwide practice in project finance. The Firm assists sponsors, investors, lenders, contractors, suppliers, joint venture companies, sovereigns and other participants in all types of large-scale capital projects. Such projects have involved the construction of infrastructure facilities (power plants, airports, roads and ports), major energy facilities (including hydroelectric and coal and gas-fired energy facilities and oil refineries, LNG, LPG and petrochemical plants), the development of mines (including diamond, gold, iron ore, bauxite, nickel, coal, copper, silver and uranium) and the construction of ore concentrate production and other industrial facilities.

White & Case pioneered the construction contracting of large industrial and infrastructure projects in developing countries on a “BOT” (Build-Operate-Transfer) and a “BOOT” (Build-Own-Operate-Transfer) basis and is now active in this area, particularly for power plants in Turkey, Indonesia, the Philippines and China.

Our recent experience includes:

• Advising a multinational corporation in the entertainment business on the construction of a multi-billion U.S. dollar project, one of the largest construction projects underway in Europe.
• Representing the government of Indonesia and related public agencies and authorities in the financing and establishment of a private power generation program, the construction and financing of an electricity generating plant for US$2 billion and a variety of other industrial, infrastructure and energy projects and joint ventures.
• Giving advice to a consortium of European civil engineering contractors engaged in the construction of a US$700 million World Bank-financed hydroelectric project in Asia.

Dispute Resolution and Arbitration
Disputes frequently arise in the construction industry and a significant portion of the Firm's construction practice is concerned with contractors' or owners' claims and the resolution of disputes, whether amicably or otherwise. White & Case has considerable experience in alternative dispute resolution (“ADR”) techniques and in the most frequently resorted to means for the final resolution of disputes in the international construction field, namely, international arbitration.

Recent cases include:

• Representing two Middle Eastern contractors before the United Nations Compensation Commission in relation to their respective claims of several hundred million U.S. dollars against Iraq arising out of the invasion and occupation of Kuwait.
• Advising a consortium of European civil engineering contractors in relation to claims of approximately US$180 million arising out of a contract with an Asian state-owned entity for the construction of a dam and power plant.
• Representing the Ministry of Public Works of an Arab state in an ICC arbitration in which the contractor was asserting claims against it of US$90 million in relation to delays in the construction of a public building.