Project Development

The Project Development Practice at Baker Botts draws its strength from the firm’s long and accomplished history of managing transactions involving the development and financing of capital-intensive projects throughout the world on behalf of sponsors, developers, construction contractors, equipment suppliers, lenders and governmental agencies. Our lawyers have handled transactions in more than 100 countries, including projects involving electric power, renewable energy, oil and gas, LNG, hydrogen, carbon capture, utilization and storage (CCUS), pipelines, transport, telecommunications, water, mining, and other energy and infrastructure projects.

Baker Botts is widely regarded among the top law firms in the world for representations involving large scale energy and infrastructure development projects. Baker Botts has acted as project counsel on electric power projects, oil and natural gas pipeline projects, petrochemical and downstream projects, upstream natural resource development matters and other similar assignments in North America, the Middle East, Europe, the Far East, the Caspian Basin, North Africa, South America and elsewhere around the globe. Additionally, our firm has represented lenders in connection with these projects.

Over the last five decades, we have counted among our clients almost every major oil company in the United States and numerous non-U.S. energy companies, both privately owned and state-owned. We also represent some of the biggest names in electric power and have been involved in structuring all types of bank and capital markets financings, particularly project and structured financings.

Because of the scope of our practice in the global energy sector, Baker Botts lawyers have represented virtually all types of project participants in both U.S. and foreign projects, and have particular experience in structuring transactions and financings to help our clients with their risk allocation preferences and financing objectives. The variety of this experience, and the resulting knowledge of the various commercial needs and desires of these project participants, allows us to provide exceptional depth in our advice to clients, regardless of the role any specific client plays in a particular transaction. Our work for independent project sponsors and developers includes:

• Representing clients in all aspects of project development transactions, including the negotiation of concessions and other governmental agreements, the structuring of cross-border investments and joint venture arrangements and the preparation and financing of BOT bids
• Drafting and negotiating the full range of project documents in developed and emerging markets, such as EPC contracts, O&M agreements, production sharing, concession, offtake, fuel supply, operating, construction, feedstock, other project documents and loan documentation
• Projects of all sizes and technologies, from traditional generating projects such as gas-, coal- and oil-fired facilities to renewable energy projects, including wind, geothermal, biomass and solar power plants
• Advising on and negotiating state and federal economic development incentives available for large scale projects, including tax abatements, tax credits, tax exemptions and rebates, tax increment financing, federal, state and local government grants and loans, and climate and clean energy initiatives. A more detailed description of our economic development incentives capabilities and the economic development legal team is found here.