People

Overview

Dan Kruger is a partner in the Global Projects Department with deep experience in construction and real estate. His practice consists primarily of advising the development of power plants, data centers, and other industrial projects.

Dan focuses particularly on advising the developers of behind-the-meter and islanded (non-grid connected) power generation facilities on the acquisition of generators, as well as balance of plant engineering, procurement and construction (EPC) agreements. Within the past three years, Dan has advised on more than two dozen acquisitions of utility-scale generation and storage equipment, including both new and used gas turbine and reciprocating engine generators, wind turbines, the range of solar components and lithium and vanadium batteries. Dan has represented the purchasers of generation equipment across from nearly all new-build suppliers currently selling in the U.S. market and has also advised purchasers and re-sellers of used equipment sourced both in the United States and abroad. Accordingly, Dan has advised on industrial slot production agreements for new equipment, as well as definitive supply and long-term maintenance arrangements. In addition to data center developments, he regularly advises merchant power generators and utilities on the development of new generation and transmission network upgrades.

Dan also negotiates the full range of design, construction and commissioning arrangements for commodity production and other complex industrial facilities, including contracts pertaining to preliminary design, front-end loaded design, final design, design integration and both "wrapped" and "unwrapped" integration and construction contracts.

Dan also has a significant industrial real estate practice, advising energy companies and others on the acquisition of real property and the structuring of common facilities and other ancillary agreements that run with the land.

Dan began his career in the railroad industry and maintains an active railroad and rail-adjacent practice. He advises several clients in connection with the acquisition of railroad rolling stock, including multiple ongoing railcar trust and railcar lease representations. Dan is also skilled in the development of co-located infrastructure within railroad rights of way and recently advised the developers of a merchant high-voltage direct current (HVDC) transmission asset in negotiating construction protocols and long-term occupancy rights across from three Class I rail carriers.

Admissions & Affiliations

  • District of Columbia Bar
  • State Bar of Texas
  • Massachusetts Bar
  • Virginia State Bar
  • Supreme Judicial Court of Massachusetts
  • Supreme Court of Virginia

Education

  • J.D., William and Mary Law School 2008
  • B.A., History, Yale University 2004

Experience

Data Centers

  • Ongoing representation of a major U.S. independent power producer in connection with the acquisition of gas turbine generators and long-term servicing agreements as well as balance of plant EPC agreements for three, “behind the meter” data center-serving power plants.
  • Ongoing representation of a supplier of used 50-200 MW nameplate gas turbine and reciprocating engine generator units, including in connection with negotiation of agreements with both upstream equipment suppliers and the downstream purchasers of generation (most of which are for serving data centers in islanded power modes).  Current negotiations involve 30+ used turbine units.
  • Ongoing representation of a major data center facility developer and lessor to hyperscalers in connection with negotiation of utility network upgrades and on-site power infrastructure design, procurement, construction and integration arrangements on multiple sites under development in Pennsylvania and Ohio.
  • Ongoing representation of an early-stage data center site acquisition firm in connection with network upgrade agreements, including negotiation of performance security packages required of hyperscalers or other facility developers, including active negotiations in Ohio, Indiana and Pennsylvania.
  • Ongoing representation of a major data center facility developer and lessor to hyperscalers in connection with the negotiation of EPC agreements for concurrent design and construction of facilities at sites in Ohio, Texas and Arizona.
  • Ongoing representation of a European-based design services firm in connection with data center design work in the United States at multiple project sites.

Other Development Work

  • Private-equity backed merchant transmission company – Lead counsel in the negotiation of right-of-way and construction-phase and operation-phase protocol agreements for the terrestrial portions of a cross-border HVDC project.
  • Merchant transmission company – Lead EPC counsel for a major transmission project in the MISO interconnection.
  • Regulated utility – Lead EPC counsel for two long-distance transmission projects.
  • Major project lender – Lead counsel for reviewing multiple borrower merchant transmission EPC agreements.
  • Hyperscaler-owned power generator – Development of BTM combined solar- and wind-generation facility to support a data center site interconnection.

Energy Infrastructure

  • Sempra Infrastructure – Responsible for drafting and negotiating project development agreements, including joint facilities, operating and maintenance and construction management agreements, as well as equity documents for the Port Arthur LNG Liquefaction project
  • Chevron – Advised on the current engineering, procurement and construction form for off-shore U.S. projects
  • Public midstream operator – Responsible for negotiation of construction management agreement and operating agreement for a major greenfield crude oil pipeline
  • Private intrastate pipeline carrier – Advised on construction agreements and right of way documentation for a pipeline currently under development
  • Private equity fund – Advised on the upgrade of major electrical transmission lines, including negotiation of site control agreements and easements
  • Multinational petroleum company – Performed real property title due diligence review in connection with the acquisition of midstream assets in several states, including review of joint facilities agreements
  • EQT Production Company – Advised on the conveyance of gathering pipelines and ancillary facilities in a large asset swap transaction
  • Occidental Petroleum Corporation – Advised on the conveyance of midstream assets
  • Power plants – Counseled multiple owners of power plants on matters relating to real property, including review of water rights and access rights, and the characterization of warranties and indemnities related to real property assets
  • Pipelines – Acquisition, development and financing of pipeline projects, including review of title to rights of way and counseling regarding the assignability of easements in the context of initial public offerings (IPOs) and notes offerings

Other Representative Construction Experience

  • Major hotel owner – Counsel with respect to design and construction agreements on large, urban projects in the Northeast
  • A&E Networks – Counsel with respect to studio and building design and construction agreements, including projects in New York and London
  • Hines – Advised on multiple construction and design agreements, including on behalf of an affiliate multifamily contractor performing projects across the United States
  • Jones Hall Houston – Counsel for construction and design agreements with respect to a major reconstruction of a major urban theater
  • Veterans housing non-profit – Negotiated a modified lump sum construction contract for development of a major facility

Public-Private Partnerships

  • Massachusetts Bay Commuter Railroad Company, LLC – Served Associate General Counsel prior to joining Baker Botts. Advised on the proposal submitted as part of a $4.28 billion public-private transportation procurement in Massachusetts
  • New museum project – Advising a private non-profit on all aspects of development of a public-private partnership, including agreements with design professionals, the general contractor, the museum operator and the sponsoring government entity

Railroads

  • Start-up high speed railroad operation – Responsible for negotiating design and construction agreements with a state transportation agency for above- and below-grade crossings of state transportation facilities
  • Norfolk Southern Corporation – Served as in-house counsel prior to joining Baker Botts

Commercial Real Estate Development

  • Hines Interests Limited Partnership – Advised on the acquisition of an industrial park in Mexico from a German real estate fund
  • Hines Interests Limited Partnership – Advised on a commercial construction loan for a downtown Houston office tower
  • Hines Interests Limited Partnership – Advised on a mortgage loan to support the construction and operation of a residential high-rise project in Houston
  • Large multinational manufacturing company – Advised on acquisition of a commercial office building involving the assumption of a permanent loan
  • Large multinational manufacturing company – Advised on title matters implicating freight railroad access
  • Private equity fund – Advised on title to land abutting water (riparian rights)
  • Privately-held real estate investment group – Advised on partnership structure

Non-Profit Real Property Transactions

  • Major national non-profit – Handled several sales and acquisitions of real property