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Bart H. Turner

Partner
+1.713.815.7317
Fax +1.713.815.7301
Mr. Turner’s practice is concentrated in the areas of engineering and construction law, commercial law and international law. Mr. Turner has extensive experience negotiating and drafting complex engineering, procurement and construction contracts. He has worked on some of the largest gas processing projects in the world, including LNG and GTL projects, as well as refining, power and industrial projects in various locations, including Indonesia, Australia, Africa, Middle East and Europe, with many of these projects having a total constructed value in excess of several billions of dollars. He has significant experience representing clients in developing contracting strategy, risk mitigation and navigating through complex construction contracts under multiple project delivery systems, including complex lump-sum turnkey and hybrid structures. He has supported his client’s legal and procurement functions in the development of project purchase orders, forming joint ventures, limited liability companies, teaming arrangements and strategic alliances. He has provided counsel on project related claims and change order disputes, with many of them in excess of multimillions of dollars.

Professional Background

Prior to joining the firm, Mr. Turner served as senior counsel at a Texas law firm where he provided legal counsel to owners and contractors on construction related transaction, including complex EPC and EPCm transactions, FEED and pre-FEED transactions, construction related change orders and claims resolution, project risk management, lien and bond claims. He has over 18 years of experience working in-house with Fortune 500 companies and has represented one of the largest tier-one EPC Contractors for over 17 years practicing in the hydrocarbons, industrial and power sectors, many of these years as an legal officer of the company.

Professional/Civic Activities

  • 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

Speaking Engagements

  • “Concurrent delay claims on large-scale EPC projects,” presented at the 3rd Annual EPC Contract and Risk Management Conference, Houston, TX (2016).
  • “The Impact the Current State of the Energy Industry is having on EPC Contracting,” presented at the 2nd Annual EPC Contract and Risk Management Conference, Houston, TX (2015).
  • “Overcoming Obstacles in Managing Disputes that Arise during the Project Lifespan,” presented at the 1st Annual EPC Contract and Risk Management Conference, Houston, TX (2014).
  • “Challenges in Executing Megaprojects in the U.S.” presented at the Construction SuperConference, Las Vegas, NV (2014).
  • “Identification and Management of Risk on Large-Scale EPC Projects,” presented at the Construction SuperConference, San Francisco, CA (2013).
  • “EPC Contracting – Is It as Easy as ABC,” presented at the Construction SuperConference, San Francisco, CA (2009).
  • “Trials vs. Arbitrations (Domestic and International) for Construction Disputes” presented at the Construction SuperConference, San Francisco, California (2008)
  • “Allocating Risk in Today’s Marketplace” presented at the Construction SuperConference, San Francisco, CA (2007).
  • Represented a French based specialty chemicals company for their $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.
  • Represented a major US chemicals company in resolution of a several hundred million dollar claim with a tier one EPC contractor.
  • Represented an 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 a 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 contractor in the negotiation of a hybrid contract for the design, procure 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 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 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 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 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.
  • 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. Lead negotiations in London, Madrid and Houston. Prepared partnership documents and services agreements in accordance with project structure.
  • Represented Technology Company in developing, negotiating and finalizing terms for a technology alliance in the area of fluid catalytic cracking process technologies.
  • Assisted international contractor in connection with the review, comment and negotiation of an EPC contract on a LNG plant in Canada.
  • Represented general contractor in negotiation of a design-build agreement for construction of health care facility in Birmingham.
  • Represented client in the negotiation and finalization of terms of an EPC contract for a LNG plant in the US gulf coast.
  • Developed and implemented a joint venture structure for a 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.