Houston, Texas 30309
is a counsel in King & Spalding’s Global Transactions Group, stationed in the firm’s Houston office. Mr. McFadden focuses his practice on helping owners and developers with all aspects of their global construction projects, representing clients in a variety of industries on projects ranging in value from US$30 million to more than US$ 10+ billion. Some recent examples include LNG liquefaction and export terminals, LNG import terminals, power and water projects, ports, natural gas pipelines, natural gas storage facilities, and sports stadiums.
Mr. McFadden has extensive international experience. He was previously stationed in the firm’s Middle East offices for two years, and he has worked on projects in the Middle East, Asia, Africa, Mexico and South America, in addition to his experience in the United States.
Mr. McFadden works with owners and developers from project conception to punchlist completion, and beyond. He assists in determining the best project delivery system; writes and negotiates project agreements, including EPC, EPCM, construction, construction management, engineering, architectural, program management and development agreements; and assists with resolving (or avoiding) construction-related disputes.
Some of Mr. McFadden’s recent matters include:
Representing an owner with respect to the EPC contract for an LNG liquefaction facility to be located in Canada;
Representing a developer with respect to the FEED and EPC contracts for its LNG liquefaction project to be located in Florida;
Representing Singapore LNG Corporation with respect the EPC contract and related consultancy agreements for the development of an approximately SGD1 billion LNG receiving, storage and regasification facility;
Representing an owner/developer in the drafting and negotiation of an EPC agreement for the design and construction of an LNG receiving, storage and regasification facility, to be located in Mississippi;
Represented Cheniere Energy in the drafting and negotiation of the key contracts for the design and construction of the expansion to its LNG receiving, storage and regasification facility at Sabine Pass, Louisiana, which is valued at more than $1 billion;
Representing The Atlanta Falcons Football Club in the drafting and negotiation of architectural and construction agreements for the construction of a new football stadium;
Representing an independent power producer with respect to the agreements for the engineering, procurement and construction of a new coal-fired power plant to be located in Georgia;
Representing a developer with respect to a series of wood-pellet production facilities to be located in Georgia;
Representing a joint venture developer with respect to EPC contract and project agreements for the development of a 2730 MW/63 MIGD power and water facility in Qatar;
An independent power producer in the drafting and negotiation of EPC and equipment procurement contracts related to the development of a gas fired electric generation facility in California;
Representing a developer with respect to the construction and operation of a power plant in Monterrey, Mexico;
Representing a developer with respect to the construction and operation of a power plant in Lima, Peru;
Carbones del Cerrejón in the drafting and negotiation of an EPCM agreement for the company’s $1.2 billion expansion of its coal mine in the Guajira peninsula of northeast Columbia, its port facilities on the northern Caribbean coast of Colombia and its interconnecting rail facilities. The mine is the largest coal mine in Latin America and the largest open-pit coal mine in the world
Representing a developer with respect to the EPC contract for a multi-billion UAE Dirham PPP development of new campus for a major local university in Abu Dhabi;
Representing a developer with respect to the EPC contract for the PPP development of a new university campus in Abu Dhabi for an international university;
Representing a developer in the UAE with respect to the creation and development of an industrial park focused on the petrochemical industry;
Representing a developer in the UAE with respect to the development of an industrial park focused on the aerospace industry;
Representing an Atlanta parcel delivery company in its $1 billion expansion to its worldwide hub;
Representing a developer in the drafting and negotiation of an EPC agreement for an integrated mining and steel manufacturing facility in the United States, valued at $1.6 billion;
Representing an owner/developer in the successful defense of a multi-million dollar lawsuit arising from the construction of a resort hotel and condominium complex in the Caribbean.
Mr. McFadden holds an A.B. and a J.D., magna cum laude, from Duke University. After graduating, Mr. McFadden clerked for the Honorable Sharon Lovelace Blackburn on the United States District Court for the Northern District of Alabama.
Mr. McFadden is a member of the American Bar Association Forum on The Construction Industry, the Atlanta Bar Association, the Houston Bar Association, as well as the Alabama, Georgia and Texas Bar Associations.
Mr. McFadden has given in-house presentations to clients, as well as presented papers and spoken on construction law topics, including the following:
Petrochemicals and Heavy Industry Projects Update,Moderator, MEED’s Abu Dhabi Conference – A Vision for Economic Development in the UAE Capital, November 2008, Abu Dhabi, United Arab Emirates.
The New Construction Market in the Gulf and Its Impact on Financing of Projects in the Region, Fleming Conferences’ 4th Annual Middle East Project Finance Forum, May 2008, Abu Dhabi, United Arab Emirates (with Scott Samuel)
How Your Choice of Law Affects You – A Comparison of Key Construction Contract Clauses Under UAE, English, NY and other Laws, King & Spalding Conference on “The Legal Environment for International Projects and Investment in the Middle East,” April 2008, Dubai, United Arab Emirates (with Anthony Wilson).
Putting It All Together – After You Have Chosen Your Delivery System and Choice of Law, Key Clauses to Incorporate Into Your Contract, King & Spalding Conference on “The Legal Environment for International Projects and Investment in the Middle East,” April 2008, Dubai, United Arab Emirates.
Delay and Disruption in EPC Contracts: Key Contracting Principles, Hill International’s Masterclass on Delay and Disruption in Construction Contracts, November 2007, Abu Dhabi, United Arab Emirates.
Assessing the Latest Developments In Abu Dhabi’s Expanding Heavy Industry Sector,Panelist, with Dr. Jim White (COO of Abu Dhabi Basic Industries Corporation (ADBIC)) and Abdul Aziz Abdulla Al Hajri (CEO of Borouge), MEED’s Abu Dhabi Conference – Building a New Global Centre, November 2007, Abu Dhabi, UAE.
Author, with James F. Butler III, “Discovery of Electronic Information in Construction: Spoliation in the Electronic Era,” The Construction Lawyer (Journal of the Forum on the Construction Industry (ABA)), Vol. 23, No. 3, Summer 2003.
|Areas of Practice||1) Construction and Procurement , 2) Energy & Natural Resources , 3) International , 4) Oil & Gas and 5) Power|
|Law School||J.D., magna cum laude, Duke University|
|Education||A.B., Duke University|
|Bar Member / Association||American Bar Association, Alabama Bar Association, Atlanta Bar Association, Georgia Bar Association, Texas Bar Association, Houston Bar Association|
|Most recent firm||King & Spalding LLP|
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