David's practice focuses exclusively on representing sponsors in their construction transactions. Trained as a civil engineer, David leverages his deep understanding of the construction industry to help clients from the conceptual drawing board through the punch list and beyond. He regularly assists clients in determining the best project delivery system through a deep evaluation of the commercial, technical and legal constraints for each client and their underlying project. David then writes and negotiates the relevant project agreements, including the EPC, EPCM, construction, construction management, engineering, architectural, equipment supply, operations and maintenance, process license and professional services agreements, and assists with resolving (or avoiding) construction-related disputes.
Representation of The Bank of Nova Scotia, National Bank Financial Markets, Royal Bank of Canada, National Bank of Kuwait S.A.K.P. and Export Development Canada as mandated lead arrangers in a US$1.7 billion amortizing senior secured term facility and a US$150 million senior secured revolving facility to finance the development and construction by Canada Kuwait Petrochemical Ltd. Partnership of a new integrated petrochemicals facility and associated infrastructure and utilities to be located in Sturgeon County in the Province of Alberta, Canada.
Representation of an international company in the drafting and negotiation of an EPC agreement to develop a specialty chemicals facility in Texas. The project is valued at nearly US$1 billion. David's involvement included the re-vamping of a failed procurement strategy upon appointment to the matter, plus the subsequent execution of such new procurement strategy, yielding the desired commercial goals of the client.
Representation of a LNG company in the drafting and negotiation of an EPC agreement to develop its LNG export facility near Kitimat, British Columbia, Canada. The project is valued in excess of US$10 billion. David's involvement included the development of a procurement strategy and the subsequent execution of such procurement strategy, which resulted in the execution of the EPC agreement within the allotted procurement timeframe. The representation includes the ongoing representation of the company during execution of the project.
Representation of a major international chemical company in connection with an EPC agreement for the construction of a methanol facility in Louisiana. The project is valued in excess of US$1.5 billion.
Representation of an international company in the drafting and negotiation of an EPC agreement for a brownfield expansion, where the expansion activities must contemplate ongoing operation activities and an expansion plot plan that is completely intertwined with the existing facility. Upon completion, the facility's production will almost double.
Representation of an energy company in the drafting and negotiation of engineering, procurement and construction agreements for the construction of a crude oil pipeline of approximately 692 miles, which involves the conversion of approximately 432 miles of gas pipelines to crude service and building approximately 260 miles of new pipeline. As the project was implemented through a multi-prime strategy, David assisted the client with all forms of project documents, including engineering, supply, EPC and construction agreements. The project was the single largest capital investment in the company's history, and created a cornerstone asset for the company's future success.*
Representation of a US energy company in connection with its major offshore construction project, including agreements for engineering, supply, modular construction and offshore installation. The representation included an in-depth analysis of the Outer Continental Shelf Lands Act and how the US statute impacts contractual rights and obligations on indemnity provisions, limitations of liability, choice of law provisions, forum selection clauses, and dispute resolution preferences, among others.*
Representation of a developer in connection with the drafting and negotiation of the EPC for a greenfield, CCGT power facility, which included an initial, competitive RFP for supply of long-lead equipment. The equipment bidders were GE, Mitsubishi and Siemens. As part of the RFP process, David drafted and negotiated a term sheet for the supply of the equipment and the definitive agreement for the associated LTSA.*
Representing a major refinery in connection with the development, drafting and negotiation of the EP, EPCM, EPC and construction contracts for expansion of its refinery facilities in Texas and Louisiana.*
*Matters prior to joining White & Case