Bart Turner

Bart Turner

Senior Counsel

Construction Attorney in Houston, TX, Oil, Gas and Energy lawyer

Bart Turner’s practice is focused on construction-related transactions 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, insurance, and workouts. He has 18 years of experience working in house with Fortune 500 companies and has represented an ENR Top International Contractor for over 17 years practicing in the hydrocarbons, industrial and power sectors.

Bart has worked on gas processing, refining, power and industrial projects including international projects in various locations around the world including Indonesia, Australia, Africa, Middle East and Europe with many of these projects having a value in excess of several billions of dollars.  He has significant experience representing clients in drafting and negotiating complex construction contracts under multiple project delivery systems including complex hybrid structures and LSTK, 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 multi-millions of dollars.   He is experienced with industry form documents such as the portfolio of FIDIC and AIA documents.

Areas of Practice

  • Construction
  • Corporate/Commercial Transactions
  • Oil, Gas & Energy

Representative Experience

  • 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 17 billion US dollars.
  • Represented client in the negotiations with US 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 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.

Education

  • The University of Miami
    • L.L.M. – 1998
  • South Texas College of Law
    • J.D. – 1997
  • Texas A&M University
    • B.B.A. (Accounting) – 1994

Professional Associations and Memberships

  • State Bar of Texas, Construction Law Section
  • State Bar of Texas, International Law Section
  • American Bar Association, Forum on the Construction Industry
  • American Bar Association, Business Law Section

Speeches and Publications

  • “Addressing the Cost-Reimbursable Mindset: How to Better Balance and Manage Risk Between Parties” presented at the Construction SuperConference, San Diego, CA (2015)
  • “Cost Reimbursable Contracts” presented at the EPC Contract Management Forum, Houston, TX (2015)
  • Interactive workshop on cost reimbursable contracts presented at the 2nd annual EPC Contract and Risk Management Conference, Houston, TX (2015)
  • “Oil and Gas Megaprojects: Challenges in Execution in the U.S.” presented at the Construction SuperConference, Las Vegas, NV (2014)
  • “Perspectives on Managing Risk on Large-Scale EPC Projects” presented at the Construction SuperConference, San Francisco, CA (2013)
  • “Managing In-Project Disputes in Major Construction Projects” presented at the Construction SuperConference, San Francisco, CA (2011)
  • “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, CA (2008)
  • “Allocating Risk in Today’s Marketplace” presented at the Construction SuperConference, San Francisco, CA (2007)