Peter Berg
Biography
“Peter is a technically gifted attorney with a seemingly endless knowledge set in the construction contracting industry.”
“I totally trust Peter’s insights, judgment and understanding of what we should require or accept in agreements. He has a calm and disarming manner in negotiations that keeps temperatures low.”
Overview
Peter Berg is a partner in the Project Development & Finance practice at White & Case's Houston office. He represents owners, developers, and lenders in the development of global onshore and offshore energy projects, including renewable energy initiatives. Peter frequently provides counsel on pioneering projects involving green and blue hydrogen and its derivatives (such as ammonia and e-fuels), a variety of other clean fuels, including sustainable aviation fuels (SAF) and renewable natural gas (RNG), carbon capture (point source and direct air capture), low carbon intensity power generation, including geothermal power, long-distance HVDC transmission, SMRs, solar, wind, battery storage, and other innovative energy transition projects. He also regularly advises developers on non-recourse project-financed projects.
Peter focuses on high-value and high-risk construction and related transactions. He drafts, negotiates, and provides advice on a broad array of construction, procurement, and related agreements, including licensing agreements and other intellectual property transactions. Additionally, Peter offers guidance on procurement strategies and, when necessary, assists in resolving disputes at an early stage during the project.
Throughout his career, Peter has represented owners, developers, engineering firms, architects, subcontractors, and general contractors (including EPC contractors) in both public and private projects across the United States and internationally, encompassing a wide spectrum of transactional and litigation matters.
Peter leverages his experience to help clients avoid disputes by focusing on potential conflict areas. Should conflict arise, he is adept at facilitating early resolution at the project level. His background in civil engineering and construction management also provides a practical, real-world perspective that is highly beneficial to his clients.
University Moritz College of Law, cum laude
Experience
Representing Champlain Hudson Power Express (CHPE), a Blackstone (BX) portfolio company, in the development of one of the longest high-voltage direct-current (HVDC) electric transmission lines in the US. This line will transport clean electricity from the Canadian border to New York City, supporting the city's clean-energy commitments. The US$6 billion project was financed on a non-recourse project finance basis.
Representing the project developer on project development and project financing of a first-of-kind blue ammonia (clean fertilizer) project in Indiana, being financed by the US Department of Energy's (DOE) Loan Programs Office (LPO).
Representing the developer / sponsor on project development and project financing of a first-of-kind green ammonia (clean fertilizer) project in Paraguay.
Representing the developer / sponsor on project development and equity financing of a first-of-kind renewable fuels facility in Nevada, capable of producing renewable diesel, sustainable aviation fuels (SAF), and low carbon intensive bio methanol fuels.
Representing NET Power in the development of the world's first utility-scale, natural gas-fired power plant with near-zero atmospheric emissions to be located in West Texas.
Representing a major US energy company in early-stage pilot plant and research agreement in connection with direct air capture (DAC) technologies.
Representing the joint venture developer / sponsor on the project development of a first-of-kind greenfield lithium production facility in Arkansas, being financed in part through the DOE grant program, including drafting and negotiation of all related engineering, construction, and procurement transactions.
Representing the project developer on the project development and financing of an advanced packaging fabrication and R&D facility for AI products, supported by the CHIPS and Science Act, including drafting and negotiating all project agreements.
Representing SquareOne Energy in the development of its first-of-its-kind used oil recycling or "re-refining" facility, to convert previously discarded or wasted oil materials—including residual marine oils and other unmarketable substances—into high-quality, clean fuel products suitable for immediate use in vehicles, transportation pipelines, and marine vessels. This facility will significantly mitigate the environmental damage typically associated with the disposal of unmarketable petroleum products.
Representing a major midstream company in renegotiating long term service agreement (LTSA) with major original equipment manufacturer.
Representing a major US power company in negotiating procurement contracts for critical plant equipment for utility-scale combined-cycle power generation facility, including power turbines.
Representing the developer / sponsor on project development of a green hydrogen derived e-Fuels facility in Texas.
Represented the project developer in the development of the world's first large-scale commercial e-Fuels facility in Texas.*
Represented the project developer in all EPC aspects of a US$ multibillion green ammonia production facility slated for construction in Nova Scotia, Canada. This facility aims to deliver critical RFNBOs into key European markets.*
Represented the project developer in the EPC aspects of its pioneering, sustainable, low-emission lithium production facility in California, which has received hundreds of millions of dollars in tax incentives. Lithium is a crucial element for critical battery and energy storage solutions.*
Represented the project developer in the EPC aspects of developing a molten salt small modular reactor (SMR) project in Texas.*
Represented an energy major in the drafting and negotiation of US$ multimillion turnkey decommissioning contracts for legacy offshore oil and gas assets scattered across the Gulf of Mexico.*
Represented a multinational mining, metals and petroleum company in the drafting and negotiation of EPC and related agreements in the US $7 billion+ development of an offshore oil field in Mexico.*
Represented a major LNG project developer and owner in the drafting and negotiation of FEED and EPC agreements for a US$ multibillion LNG export terminal in Texas.
Represented a major LNG project developer in the drafting and negotiation of multiple EPC and construction agreements for a US$1 billion natural gas pipeline and associated facilities in Oklahoma.*
Represented the project developer consortium in drafting and negotiating an EPC agreement for a US$1 billion+ polyethylene plant on the Texas Gulf Coast , with continued representation during project execution.*
Represented a portfolio company of a major private equity fund in drafting and negotiating a US$600 million+ EPC agreement for an alkylation plant in Texas, including related negotiations with licensors of process technologies.*
Represented a major midstream company in the drafting and negotiation of long-term-program and engine-exchange agreement necessary for the continued operation of its US$multibillion PDH plant in Texas.*
Represented a portfolio company of a major asset-based private equity fund in the drafting and negotiation of an US$80 million+ EPC agreement for a fractionation plant inTexas.*
Represented a midstream developer in the drafting and negotiation of project development agreements of a new US$ multimillion interstate natural gas transmission pipeline in Louisiana.*
Represented a major international developer in drafting and negotiating an EPC agreement for a US$1 billion+ desalination plant to be built in South America.
Represented a major oil and gas company in the drafting and negotiation of master EPCI contracts with multiple contractors for subsea installation projects throughout the world.*
Represented a major oil and gas company in the connection with the contracts for the development of deep-water, high-pressure temperature (HPHT) drill ships in the US Gulf Coast, capable of conducting drilling operations in water depths up to 12,000 feet.*
Represented a Mexican paper company in drafting and negotiation of an EPC agreement for a 400,000 ton container-board mill in Mexico, which will use the largest container-board machine ever installed in the country.*
Represented a major paper products company in the drafting and negotiation of high-value engineered equipment purchase contracts for major capital equipment purchases for projects in the US, Mexico and Brazil.*
Represented the owner / developer in drafting and negotiating various FEED, EPC and supply agreements for a first-of-its-kind production and export plant and related transportation facilities and vessels to be deployed to various locations across the Caribbean and Central America.*
Represented a major midstream company in drafting and negotiating an EPC agreement for an ethylene exports refrigeration train for in Texas.*
Representing the owner / developer in the drafting and negotiation of FEED, EPC, detailed engineering and construction agreements for the construction of a natural gas liquids pipeline, natural-gas processing plant and associated facilities in Texas.*
Represented a midstream company in drafting and negotiating an EPC agreement for the construction of a US$100 million+ cryogenic gas processing facility in New Mexico.*
Represented a major midstream developer in negotiations and drafting of license, engineering, EPC and other agreements for the construction of a propylene fractionation plant to be built on the Texas Gulf Coast.*
Represented the owner / developer in negotiations for a renovation project related to Super Bowl LIII in Georgia.*
Represented the owner / developer in drafting and negotiating EPC agreements for animal feed supplement production facilities in Texas.*
Represented the owner / developer in drafting and negotiating the EPC agreement fora barge-mounted, natural gas-fired, combined-cycle power generation facility to be built in Singapore and navigated and docked in the Dominican Republic.*
Represented a general contractor in litigation involving US$70 million+ dispute against the owner of a 130 MW hydroelectric power generation facility built in Pennsylvania.*
Represented a subcontractor in litigation against general contractor in prompt payment dispute resulting in unanimous jury verdict in client's favor, recovery of all amounts owed and an award of attorney's fees.*
Represented a general trades contractor in litigation against the State of Ohio before the Ohio Court of Claims obtaining favorable judgment.*
Represented a general contractor in litigation against an E&P company in a US$ multimillion collection action obtaining summary judgment in client's favor on breach of contract and lien foreclosure claims.*
*Matters prior to White & Case
Individually Ranked "Band 3" for Construction, Chambers USA, Texas (2024)
"Next Generation Partner" for Construction, Legal 500 US (2024)
"Top Attorney Under 40" and "Rising Star", Law360 (2022)
"Associate to Watch" for Construction, Chambers USA, Texas (2021-2022)
"Up and Coming" for Construction, Legal 500 US (2020-2023)