Daniel G. Kruger

Senior Associate

daniel.kruger@bakerbotts.com

Washington, D.C.

P: +1.202.639.7762 F: +1.202.585.1029
Daniel Kruger Photo

Daniel Kruger's practice includes all aspects of commercial real estate law, with skills in project development, construction and design. He has extensive experience drafting and negotiating engineering, procurement and construction (EPC) contracts, stand-alone agreements for design and construction services, land acquisition and land use documents. Mr. Kruger regularly advises developers and owners of utility-scale power generating facilities across the United States, including several of the largest existing solar projects, as well as energy companies engaged in the transportation, storage and shipping of LNG and other products, passenger and freight railroads, manufacturing companies, hotels and residential real property developers.

Mr. Kruger's construction practice involves negotiating and commenting on provisions in the contractor and professional agreement forms published by the American Institute of Architects, Royal Institute of British Architects and Joint Contracts Tribunal. He also frequently drafts and negotiates manuscript EPC/I and EPC/M forms, construction management agreements, common facilities agreements, project operating and maintenance agreements, purchase and sale agreements and land use documents, including mineral reservations, surface waivers, easements and ground leases.

Prior to joining Baker Botts, Mr. Kruger served as in-house counsel to a private company operating a passenger rail service, as well as to a major North American freight railroad. He maintains an active railroad practice and has significant background in railroad operations law.

Related Experience

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

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