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Overview

Bart is a transactional construction attorney who has worked on energy projects around the world, with total constructed values in excess of multi-billions of dollars.

Bart handles complex engineering, procurement and construction (EPC) transactions, working with renewable energy projects, including solar facilities, wind farms and battery facilities. He also works with traditional hydrocarbon, oil and gas, as well as industrial and infrastructure projects. Bart provides legal counsel on issues and disputes related to construction, manufacturing, installation, field services and materials supply; assists with overall contract strategy; and prepares and negotiates complex EPC and EPCm contracts and management and purchase agreements with key equipment suppliers.

Many of the clients Bart works with are just beginning to move into new renewable markets, and he has the background and legal knowledge to guide companies through this transition. He represents both owners and contractors and is extensively familiar with every angle of transactions.

Earlier in his career, Bart worked in-house for 17 years for one of the largest tier-one EPC contractors, managing projects around the globe. He spent much of that time as a legal officer for the company, essentially functioning as lead counsel for a corporation with $12+ billion in annual revenue and overseeing the general legal operations, which included up to 53 legal and support personnel. The experience gave him a high level of commercial acumen that he applies to clients’ projects: Bart understands profit, loss and business needs, as well as where these issues intersect with or differ from legal considerations. His goal is to provide not just legal advice, but to serve as a true partner as clients develop ongoing commercial and risk management strategies.


Industry

Services

Education

  • LL.M., University of Miami School of Law
  • J.D., South Texas College of Law
  • B.B.A., Texas A&M University

Admissions

  • Texas

Professional Memberships and Certifications

  • American Bar Association, Forum on the Construction Industry
  • American Bar Association, Business Law Section
  • Texas Bar Association, Construction Law Section
  • Houston Bar Association, Construction Law Section
Experience
  • Represented international client in the preparation and negotiation of a fixed price EPC contract for a 630MWdc solar power project located in Wharton County, Texas. Additional representation included the preparation and negotiation of an asset management agreement, construction management contract, technical services agreement and module supply agreement for the solar panels and power supply. Engaged by client to support contractor claims during project execution.
  • Represented international contractor in the negotiation and evaluation of bid documents and the project EPC contract for a 195 MWac wind project located in Kansas.
  • Represented international contractor in the negotiation and evaluation of bid documents and the project EPC contract for a 100 MWac wind project located in Illinois.
  • Represented U.S.-based owner for $160 million small-scale LNG project in Massachusetts. Developed suite of contract agreements and led contract negotiations for the engineering, procurement and construction of a natural gas liquefaction facility.
  • Represented U.S.-based owner for $90 million small-scale LNG project in Pennsylvania. Developed contract agreements and led negotiations for the engineering, procurement and construction of a natural gas liquefaction facility.
  • Represented global upstream and downstream company in significant financial issues resulting from variable pricing in the SPA related to increases in the construction price and schedule issues in the new-build facilities.
  • Represented U.S. chemicals company in the development and negotiation of EPC transaction documents and retained as counsel to manage claims during project execution.
  • Represented U.S.-based maritime company in the re-negotiation of a variable rate LNG Fuel Supply Agreement as a result of increases in the costs of construction and extension to the schedule.
  • Developed and implemented joint venture structure for semi-submersible vessel business in Mexico. Functioned as U.S. company's lead counsel for numerous years dealing with complex commercial and international law issues in Mexico.
  • Represented client in the negotiation and finalization of terms of an EPC contract for a LNG plant in the U.S. gulf coast.
  • Represented general contractor in negotiation of a design-build agreement for construction of health care facility in Birmingham, Alabama.
  • Assisted international contractor in connection with the review, comment and negotiation of an EPC contract on a LNG plant in Canada.
  • Represented technology company in developing, negotiating and finalizing terms for a technology alliance in the area of fluid catalytic cracking process technologies.
  • Counseled client on the negotiation and finalizing terms for a FEED with conversion option for lump sum EPC for a prospective LNG facility in Algeria. Led negotiations in London, Madrid and Houston. Prepared partnership documents and services agreements in accordance with project structure.
  • Represented contractor in complex negotiations with its client for a gas-to-liquids facility in Qatar. Contractor's scope included PMC responsibilities for the entire facility and EPCm responsibilities for the GTL trains. Responsible for contract negotiations in The Hague and London. Prepared joint venture and related agreements with contractor's Japanese partner.
  • Represented company in connection with the pursuit, bid and award of a grassroots LNG project in Indonesia. Counseled company during EPC contract negotiations with its client in Indonesia, Japan and Houston. Prepared joint venture agreements and services agreements with Japanese partner.
  • Represented contractor in the negotiations with a Middle East chemicals producer the conversion of a fixed price EPCm services contract to build an olefins facility in Al-Jubail to a cost reimbursable contract. Negotiations were conducted in Al-Jubail, Singapore and Houston.
  • Represented client in the negotiations with U.S.-based company's Nigerian affiliate to convert a fixed price EPC contract to build a gas-to-liquids plant in Nigeria to a cost reimbursable contract. Negotiations required working through English and Nigerian law issues, strategic planning and briefing of client's executives, managing client's joint venture partner, and contract drafting and oversight.
  • Represented contractor in the negotiation of a hybrid contract for the design, procurement and construction of a two train LNG plant in Australia. The contract contained elements of lump sum, re-measure and reimbursable. Overall contract amount was in excess of 19 billion U.S. dollars.
  • Represented major industrial construction company in the negotiation and conversion of a hundred million dollar unit rate contract to a reimbursable contract due to schedule and productivity issues that were experienced on the project. Expected recovery on the conversion exceed twenty million dollars.
  • Represented international EPC contractor in the development of a substantial delay and damages claim on a confidential methanol project in the lower Texas gulf coast.
  • Represented major US chemicals company in resolution of a several hundred million dollar claim with a tier one EPC contractor.
  • Represented French-based specialty chemicals company for $500 million USD plant expansion at a confidential location in the United States. Designed complex hybrid contract to assist in cost and schedule risk mitigation.
Outside the Office

Bart and his wife enjoy spending time with their four adult sons. His oldest son is studying business in France, and his youngest was recently appointed to the United States Military Academy at West Point. He’s also passionate about an occasional round of golf and boating when he has a chance. Bart also enjoys his family property in the Texas Hill Country when he has a chance to get away from the office.

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