Construction
Construction overview
White & Case's Construction & Engineering team provides strategic advice and representation on all aspects of the delivery of major construction projects around the globe. We understand the design and construction process, the associated risks and what drives project success across all major sectors and asset classes, including transport (airports, ports, roads, rail and water), energy (renewables, nuclear, oil & gas, power), petrochemicals, data centers, process plants, mining & metals and commercial property.
Our offering
Full-service capabilities
- We offer strategic advice and risk analysis on the principal construction procurement strategies, including build-only, EPC/turnkey, construction management and collaborative contracting.
- Our team has broad experience advising on tendering approaches and strategies, as well as analyzing and reporting on tender content and compliance.
- We have extensive experience with all the main forms of contract, including FIDIC, NEC, ENAA, AIA, IChemE and IMechE, as well as domestic and industry-specific forms.
- We are proficient in all aspects of dispute avoidance and resolution, including conciliation, mediation, dispute boards, arbitration and litigation.
FIDIC experience
- We have particular capabilities in connection with FIDIC contract forms, the most widely used forms internationally.
- Members of our team participated in the preparation of the Conditions of Contract for Underground Works (Emerald Book) and advised on the new Short Form of Contract (Green Book).
- We authored the industry’s leading textbook, FIDIC Contracts: Law and Practice, which provides commentary and analysis on the principal forms of contract published by FIDIC.
Complex and consequential matters
Texas LNG Brownsville
Advised Texas LNG Brownsville LLC (Texas LNG), an affiliate of Glenfarne Group, LLC, on the execution of its fixed price, separated turnkey engineering, procurement and construction (EPC) agreement with Kiewit Energy Group Inc. The project comprises a liquefied natural gas export terminal, a completed marine berth and loading jetty, and associated offsites, utilities, LNG storage and infrastructure in the Port of Brownsville, Texas.
Damascus International Airport
Represented Urbacon Airports LLC (UCC) and Assets Investments USA LLC and Türkiye based Cengiz İnşaat Sanayi ve Ticaret A.Ş and Kalyon İnşaat Sanayi ve Ticaret A.Ş., on the structuring, negotiation and execution of a long-term concession contract with the General Authority of Civil Aviation (GACA) of the Syrian Arab Republic for the US$4 billion Damascus International Airport concession project.
Richborough Energy Park
Represented the developer entities on all legal aspects of a pipeline of battery storage projects of up to 800 MWs plus a related solar PV project to be located at the Richborough Energy Park in the UK. As part of our role, we assisted with the pre-qualification and RFP process for the BESS suppliers, which included meeting with various BESS suppliers to discuss offers and term sheets, and then drafting full-form EPC, LTSA and O&M contracts for the project.
West Gate Tunnel Project
Advised Transurban in relation to the market-led proposal to the State of Victoria for the construction of the AUD 6.7 billion West Gate Tunnel Project. Our role also included advising on the subsequent dispute with the construction contractors.
Data center operator/developer
Advising a major US tech company regarding the construction and rollout of their data centers and other digital infrastructure worldwide. We advised the client on issues arising during the execution of the relevant works or supply and several claims arising therefrom. The projects we have advised on are in many different jurisdictions in the Americas, Asia- Pacific, Europe and Africa.
Highway project dispute
Represented the Roads Department of a Caucasus State regarding multiple disputes against different contractors and guarantors arising out of the construction of a highway in that state. The project is a major infrastructure development project in the country concerned, funded by multilateral development banks and significant to its tourist industry and economy. We are providing contract advice and representing the client in ICC arbitrations and in litigation.
Petrochemical plant
Represented an Asian EPC contractor consortium in the largest construction dispute administered by the SIAC to-date. The dispute involved hundreds of claims, totaling approximately US$2 billion, and arose out of a contract to design and construct a major petrochemical plant in Southeast Asia.
253 MW combined-cycle power plant
Represented a leading West African independent power producer in a major ICC arbitration against a European contractor arising from an EPC turnkey dispute over the construction of a large power plant project in Côte d'Ivoire. We successfully defeated court applications in France, Spain and the UK, seeking to block payment under performance bonds. We also prevailed in related ICC emergency arbitration proceedings challenging our client's call of those bonds.
Wind farm dispute
Represented a renewable energy producer, as respondent, in two parallel AUD 100 million UNCITRAL arbitrations, administered by the Resolution Institute, seated in Sydney. The dispute concerns the construction of a large-scale wind farm under an Australian law- governed EPC contract.
Key contacts
White & Case has an impressive global construction practice, renowned for its activities in high-profile international construction disputes and major construction projects. The firm has a particularly strong track record in the UK, as well as demonstrating expertise in the Middle East, Latin America and Asia-Pacific.”
