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Andrew Parker

With an in-house background in the renewable sector, Andrew supports clients’ transactional needs in the development and construction of renewable energy and commercial construction projects.

Andrew came to the practice of law with a strong interest in the business world and a goal of working in-house where he could partner with both legal and business teams. Early in his career, he accepted an in-house role with an EPC contractor focused on construction in the renewable energy sector as well as industrial manufacturing facilities. Andrew quickly discovered a passion for the renewable industry: it was truly exciting to be on the cutting edge of the energy of the future, and he loved the positive nature and tangible results of his work.

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Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make guaranteed levels of project performance, quality, and output enforceable. Specifically, PLDs compensate project owners for financial losses (or a reasonable approximation of them) incurred when projects fail to meet performance guarantees. Appropriately structuring PLDs in EPC contracts requires protecting project owners while balancing the risks for contractors, whose costs will often increase commensurate with increased contract risk. Ultimately, well-structured PLDs protect project owners, allocate appropriate risk to EPC contractors, and reassure financing parties that projects will perform as anticipated.

Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can utilize contractual, practical, and creative approaches to address subsurface risk, both before and after EPC contract execution.