Engineering, Construction and Procurement (EPC)

Kean Miller represents clients in all manner of industrial development and project development in Louisiana.  As counsel to industry, we have developed unique experience the negotiation and development of contracts for engineering services, construction, and procurement of equipment with aggregate transaction values in the billions of dollars.  We assist project owners in complying with Louisiana law, in contract negotiations, at trial, in dispute resolution proceedings such as mediations and arbitrations, and the development of agreements.  We have experience with construction companies, maintenance contractors, architects, engineers, service vendors, consultants, and equipment providers.  We handle legal issues in connection with contract interpretation, including drawings, specifications, change orders and back charges, lien rights and remedies, contract disputes and litigation.  

Kean Miller’s EPC team has substantial experience in the Private Works Act, the Public Works Act and the Miller Act.  Our lawyers assist industry clients with issues involving performance and payment, bid and retainage bond rights, liability and responsibility.  On behalf of our clients, we have negotiated with owners, general contractors, subcontractors, architects, laborers, material men, bond companies, suppliers, architects, attorneys, bankruptcy trustees, bankers, and public officials.  

We have represented clients in lawsuits involving insurers of engineers and building owners, and suits for and against sub-contractors and architects.

Representative Experience:
  • Representation of a global fertilizer company in the negotiation of the Engineering Services Agreement for Front End Engineering and the Licensing Agreement for necessary technology.  The Kean Miller EPC team included members of our transactional, construction, and intellectual properties sections.
  • Representation of a global chemical company with major contracts and agreements in connection with its multibillion dollar, worldwide capital spending and facility enhancements
  • Representation of clients in cases involving construction disputes, construction defects, owner and/or architect and/or contractor disputes; construction contract disputes, poor workmanship claims, building code violations, state licensing disputes, administrative hearings on licenses and bid disputes
  • Representation of a global refiner in a $20 million case before the Mississippi Supreme Court involving construction claims including overruns, cardinal changes, and quantum meruit issues.  The case involved the dismantling of an ammonia plant in Pascagoula, Mississippi and its reassembly in Pakistan.   The case was affirmed on appeal by the Mississippi Supreme Court.
  • Representation of a worldwide energy company in construction litigation brought by a global construction firm involving a Baton Rouge industrial facility and related construction of a cogeneration plant
  • Representation of a chemical facility in actions adverse to a surety and construction company regarding issues related to construction of a multi-million dollar industrial facility in St. Bernard and Ascension Parishes
  • Representation of a forest products company in a workmanship and defective design and construction of over $4 million worth of plant remodeling and updating of processes
  • Defense of a chemical plant owner in industrial construction litigation involving construction of MDI-2 production unit
  • Representation of international pipeline owner in design defect litigation relating to the original construction of a $500 million natural gas pipeline
  • Representation of A8 qualified general contractor in delay claim arising out of corps of engineering project and breach of a SBA mentor-protégée agreement