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David P. Hattery

Fax +1.206.623.7022
David Hattery’s practice focuses on representing clients involved in the construction industry, including major commercial construction projects, thermal power plants, and renewable energy facilities. David has experience in all aspects of the infrastructure development and construction process from drafting and negotiating a wide range of development, design, procurement, and construction agreements to handling the most complex disputes that may arise. He is well-acquainted with the range of commercial and legal issues that can arise on complicated projects and the range of options available for creative and productive solutions. David has been involved in major projects throughout the Pacific Northwest, across the United States, and around the world, including many leading renewable energy projects. David is a former design engineer and has served as in-house counsel to an international power plant EPC contractor.

Professional Background

David’s legal career has included success as a construction disputes litigator, counsel to a major EPC contractor in the gas-fired energy industry, founding partner in his own specialty law firm and as a big law firm partner. He has worked on complex and innovative energy and infrastructure projects across the U.S. and around the world. David brings a team oriented approach to legal work with his clients, seeking creative ways to leverage client, firm and external resources into the efficient and effective delivery of legal services.

Speaking Engagements

  • Presenter, “Moving Beyond Traditional Generation,” Law Seminars International’s “Buying and Selling Electric Power in the West,” Seattle, Washington, January 22, 2018
  • Panelist, “Ensuring Subcontractor Buy-In When Preparing and Entering Contracts,” 3rd Annual Global EPC Contract & Risk Management Conference, London, United Kingdom, October 12-13, 2017
  • Moderator, “Expanding the U.S. Waste to Energy Market: What Is It Going To Take?” Waste to Bio: Energy, Fuels, Gas & Chemicals Summit, Chicago, Illinois, July 8-10, 2014
  • Panelist, “The Existing Financial Landscape and Securing Funding in a Post-PTC Environment,” 6th Annual Wind Operations and Maintenance Summit, Dallas, Texas, 2014
  • Panelist, "The New Focus: Utility Scale Solar Project Construction," Utility Scale Solar Summit, San Diego, California, Oct. 12, 2012
  • "Negotiating the Terms and Navigating the Risk of a Procurement Contract and Other Financial Documents," Developing Grid Storage Projects, Dallas, Texas, 2011
  • "Renewable Energy: EPC Agreements in Solar Energy Projects," Webinar, 2011
  • "Solar EPC and Long-Term Component Supply," EUCI Law of Renewable Energy Series Webinar, 2011
  • "Major Equipment Purchase and Construction Contracts," Renewable Energy Law, guest lecturer, University of Oregon Law School, Eugene, Oregon, 2010
  • "Offshore Wind Turbine Technology," Renewable Energy World Conference & Expo, Austin, Texas, 2010
Energy Project Development Agreements

Solar Energy Projects
  • Represented international solar and battery storage supplier in connection with their investment in a photovoltaic module manufacturing facility in Brazil and seven module sales agreements totaling 200 MW for delivery in 2017 and 2018.
  • Represented a solar power project developer in a $280 million project portfolio funding agreement with a Danish fund management company in the development and construction of PV solar projects totaling 175MW in North Carolina.
  • Represented the project owner purchaser on a Master Equipment Purchase and Sale Agreement for 232 MW of PV solar panels for projects in the US.
  • Represented the EPC contractor in the drafting the negotiation of a Construction Services Agreement for a 17.8 MWac PV solar facility in Puerto Rico.
  • Drafted and negotiated the EPC agreement on behalf of the contractor for a portfolio of six PV solar projects in North Carolina (39MWp total).
  • Drafted and negotiated EPC and Operations and Maintenance Agreements for a 49 MW PV project in Droogfontein, South Africa and a 49 MW PV project in De Aar, South Africa. Both projects were part of Round One Renewable Energy IPP Procurement Programme for the Republic of South Africa.
  • Represented the equipment supplier in the negotiation of a Master PV Equipment Supply Agreement for a 150 MW solar PV project in California. Project was awarded 2015 Project of the Year, Solar Power International.
  • Drafted and negotiated the equipment supply agreement for a 22 MW PV project in Puerto Rico on behalf on an equipment supplier.
  • Represented an integrated equipment supplier and EPC contractor in two major utility-scale solar projects, a 30 MWac project in Colorado and a 20 MWac project in Arizona.
  • Negotiated the EPC agreement, the Operations and Maintenance agreement and the performance guarantee on behalf of an EPC contractor for a 10 MW PV solar project in the northeastern U.S.
Energy Storage Projects
  • Drafted Equipment Purchase and Sale and Service Agreements on behalf of a leading battery equipment developer for the commercialization and deployment of its flow battery equipment.
  • Represented a solar panel manufacturer and project developer in a Master Commercial Agreement to develop an integrated solar power generation and storage system for deployment in the residential marketplace.
  • Drafted and negotiated and EPC agreement for a pilot project for the supply and installation of integrated systems within the service territory of a major distribution utility in Melbourne, Australia.
  • Drafting and negotiating EPC agreements with a major Australian utility in Queensland for deployment of an integrated residential solar and storage systems.
Wind Energy Projects
  • Represented IPP Wind Turbine buyer in the drafting and negotiation of a Master Supply Agreement, Turbine Supply Agreement and Master Services Agreement for up to 800 MW of wind turbines to supply project throughout the upper Midwest region of the U.S.
  • Represented the owner in connection with wind turbine procurement for a 180 MW project in Kansas.
  • Drafted and negotiated a long-term service agreement for a 138 MW wind project in Jeffrey’s Bay, South Africa as part of the Round One Renewable Energy IPP Procurement Programme for the Republic of South Africa.
  • Representing the developer of the 34.5 MW Negrete Cuel Wind Farm in Chile regarding the drafting and negotiation of an EPC contract for the erection of wind turbines and construction of civil and electrical works.
  • Drafted and negotiated the balance of plant EPC agreements for a 200 MW wind farm in Kansas, a 125 MW wind farm project in Oklahoma and a 235 MW wind farm project in Oklahoma.
  • Represented the owner and developer of a wind project in Washington State in the negotiation of turbine procurement and operations and maintenance agreements.
  • Representing a leading U.S. offshore wind project developer in connection with turbine procurement, design and construction of offshore foundation systems, cable design and installation and substation construction.
  • Represented a wind project developer in the negotiation of a wind turbine supply agreement, a balance-of-plant EPC agreement and an operations and maintenance agreement for a 60 MW wind farm in Nebraska.
  • Represented a wind farm developer in the drafting and negotiation of a turbine supply agreement and a long-term operations and maintenance agreement for a 200 MW project in Kansas.
Geothermal and Biomass Energy Projects
  • Represented Enel Green Power on EPC and operation agreements for a pioneering 50MW geothermal energy project in Chile. Project was awarded 2015 Project of the Year by the Chilean International Renewable Energy Congress.
  • Represented the developer of an anaerobic digester waste-to-energy project in Florida in the drafting and negotiation of EPC agreements and equipment supply agreements.
  • Represented a major U.S. IPP developer in connection with brownfield projects in the western U.S., including renewable energy demonstration projects and a 50 MW woody biomass project, in Oregon.
  • Represented an EPC contractor on a 38 MW biomass power project in the Philippines.
Traditional Thermal Combustion Energy Projects
  • Drafted and negotiated a Project Management Agreement for an ethylene cracker facility integrated with a three-train polyethylene plant to be located in the Eastern United States.
  • Represented Idaho Power in the negotiation of long-term service agreements in connection with the operations and maintenance of three peaking facility gas turbines.
  • Drafted and negotiated a long-term operations and maintenance agreement for a 900 MW pulverized coal-fired facility in Texas.
  • Represented a project owner/developer in the negotiation of major equipment procurement and EPC agreements for a 350 MW gas- and oil-fired peaking facility in Connecticut.
  • Represented an EPC contractor in connection with the drafting and negotiation of an EPC agreement for a proposed 800 MW gas-fired combined cycle project in Arizona.
  • Represented a major U.S. IPP in connection with a joint development program for multiple power plants across the U.S., including coal fired facilities in Arkansas and Texas, under complex joint development agreements with a project development partner. 
  • Represented an EPC contractor and served as in-house counsel in the negotiation and project execution risk management of numerous gas-fired projects located throughout the U.S. and internationally, including the following projects:
    • Panda Gila River, 2,146 MW combined cycle facility in Gila Bend, Arizona.
    • Union Power Partners, 2,152 MW combined cycle facility in El Dorado, Arkansas.
    • LSP-Kendall, 1,160 MW combined cycle facility in Minooka, Illinois.
    • LSP-Nelson, 1,100 MW combined cycle facility in Nelson, Illinois.
    • TPS-Dell, 580 MW combined cycle facility in Arkansas.
    • TPS-McAdams, 580 MW combined cycle facility in Mississippi.
    • Southhaven Power, 820 MW combined cycle facility in Mississippi.
    • Caledonia Generating Facility, 820 MW combined cycle facility in Mississippi.
    • Green Country Energy, 825 MW combined cycle facility in Oklahoma.
    • Sterlington, 820 MW combined cycle facility in Louisiana.
    • Goldendale, 248 MW combined cycle facility in Washington.
    • Lake Worth Generation, 240 MW combined cycle facility in Florida.
    • East Coast Power, 122 MW expansion of Linden co-generation facility in Linden, New Jersey.
    • Coyote Springs 2, 280 MW combined cycle facility near Boardman, Oregon.
    • Fountain Valley, 240 MW peaker unit in Colorado.
    • Sandhill Energy Center, 180 MW simple cycle peaker unit in Austin, Texas.
    • Fauji Kabirwala facility, 168 MW combined cycle facility in Kabirwala, Pakistan.
    • Rojana Power Co., 122 MW combined cycle facility in Ayutthaya, Thailand.
    • Sahacogen (Chonburi), 122 MW combined cycle in Sriracha, Thailand.
Commercial Project Construction Agreements:
  • Responsible for creating new master form of Professional Design Services Agreements for major commercial and data center owner client for use across the U.S.; provide legal support for negotiation and implementation of master construction agreements on ongoing major projects.
  • Drafted and negotiated performance based Energy Services Agreement for major industrial facilities owner client for use on several plants in the U.S.
  • Negotiated many commercial and multi-family project construction agreements based on versions of standard AIA forms on lump-sum and cost reimbursable basis, with and without construction managers and including a variety of preliminary agreements (letters of intent, pre-construction agreements, memoranda of understanding, etc.).
  • Drafted and negotiated performance based Energy Services Agreement for owner and operation of major commercial facilities in the U.S. intended to generate energy efficiency savings.
Construction Dispute Resolution
  • Led team of construction experts, accountants and attorneys in the analysis, settlement and litigation of post-default claims in the Enron bankruptcy relating to 13 separate power projects in default. Resolution involved negotiation with hundreds of claimants and close coordination with internal estate professionals, counsel for the debtor, the creditors committee and the bankruptcy court. This multi-year effort resulted in resolution of all claims within budget and schedule, generating over $500 million in claims reduction and asset recovery of over $38 million.
  • Part of litigation team involved in a $15 million project insurance coverage dispute with London insurers relating to delay damages on a 168 MW combined cycle gas-fired project in Kabirwala, Pakistan.
  • Obtained a favorable award, including fees and costs, following a four-week arbitration hearing on behalf of a general contractor regarding faulty and defective air scrubber equipment installed at a microchip manufacturing facility in western Washington State.