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.