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Project Development
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Our attorneys understand the challenges facing construction projects, whether they involve expanding existing facilities or building from the ground up. Well versed in economic development law and incentive negotiation, we have represented public and private interests in all aspects of economic development projects. We begin with a thorough analysis of each project to better understand clients' needs and goals, and approach project development with innovative, creative, and cost-conscious solutions in mind.

Jones Walker's attorneys have assisted our construction clients with ad valorem tax relief, tax strategies on franchise and sales taxes, economic development districts, economic development corporations, job programs, Enterprise Zone Programs, Federal Renewal Community Status, economic development programs and structures, cooperative endeavors, New Markets Tax Credits (NMTCs), payroll tax rebates, equipment tax incentives, worker training programs, enterprise and community development zones, and infrastructure improvements, as well as federal funding and grant opportunities.

The firm has positive working relationships with state and local government officials, economic development officials, developers, and national economic development and site selection consultants, which enhance our ability to negotiate cooperative endeavors and create successful private-public partnerships. We have assisted many clients in the construction industry with negotiating and securing attractive incentive packages — including recovery of job training costs, facility development, tax reductions, and cash rebates and grants for infrastructure improvements such as roads and utilities — from all levels of government.

Representative Matters

• Counsel to Northern Star Generation, the owner of a 680 MW power plant in central Florida, in the 2011 negotiation of network upgrades to a third-party system and the negotiation of a network upgrade agreement to implements the requirements of the plant’s Large Generator Interconnection Agreement, in order for client to obtain network resource interconnection service (NRIS) for the existing plant.

• Counsel to Tenke Fungurume Mining SARL (a subsidiary of Freeport-McMoRan Inc.), owner of a $2 billion mining project in Africa, for which we negotiated amendments to an existing Project Engineering, Procurement and Construction Management (EPCM) contract, in addition to negotiating a separate EPCM for an acid facility, a letter of credit facility to support vendor contracts for EPCM, a joint venture agreement, and agreements involving financing of cost overruns, procurement, transportation and commodity sales, and financing for the upgrade of state-owned utility assets.

• Counsel to SAE Towers, a supplier and manufacturer of galvanized steel high-voltage electrical transmission towers, in connection with sales of transmission towers for various new transmission line projects to support new renewable energy projects being developed in California, Nevada, Utah and Canada.

• Counsel for EEPSA, a Peruvian subsidiary of Spain-based client ENDESA, in connection with the expansion of an existing power generation facility owned by EEPSA in Northern Peru, including the negotiation of an Engineering, Procurement and Construction (EPC) contract with the Original Equipment Manufacturer (OEM) of the power generation equipment, including project financing advice in connection with an equipment lease financing.

• Counsel to PT Freeport Indonesia (a subsidiary of Freeport-McMoRan Inc.) as the power host in connection with the development, construction and project financing of a proposed greenfield 400 MW run-of-the-river hydroelectric facility in Indonesia, including the drafting of a power purchase agreement to support project financing.

• Counsel to EDEGEL, a Peruvian subsidiary of a Spain-based client, in connection with a brownfield project near Lima, Peru, and on behalf of which we negotiated an Engineering, Procurement and Construction (EPC) contract to add 188 MW of gas electric generation to an existing 229 MW power plant and provided advice on sponsor support and other issues related to project financing.

Publications

  • "Declaring an Early Victory: Effectively Using Declaratory Judgment to Timely Resolve Fundamental Contract Interpretation Disputes on Federal Government Contracts"
    The Construction Lawyer,
    Journal of the ABA Forum on Construction Law, Summer 2016