Peter Berg

Partner, Houston

Biography

“He is very responsive, unfazed with complex, highly stressful and multi-dimensional negotiations and should be considered a highly valued member of any project team.”

“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.”
Chambers 2024

Overview

Peter Berg is a partner in the Project Development & Finance practice in White & Case's Houston office. Peter represents owners, developers and lenders in developing their global on-shore and off-shore energy projects, including renewable energy projects. Peter regularly advises clients on first-of-kind projects, including projects involving long distance HVDC transmission, green and blue hydrogen and hydrogen derivatives (including ammonia and e-fuels), carbon capture, SMRs, RNG, solar and wind, and other cutting edge energy transition projects. Peter regularly advises developers on non-recourse project financed projects.

Peter focuses on high value and high risk construction and related transactions and drafts, negotiates and advises clients on a wide variety of construction, procurement and related agreements (including license agreements and other intellectual property transactions). Peter also advises on procurement strategies and, if and when necessary, resolving disputes early at the project level.

Peter has represented owners and developers, engineering firms, architects, subcontractors and general contractors (including EPC contractors) on both public and private projects in the United States and abroad and in a wide range of litigation and transactional matters.

Peter uses his background to assist clients in avoiding disputes by focusing on issues that create conflict. In the event conflict is unavoidable, Peter also helps clients resolve disagreements early at the project level.

Peter's background in civil engineering and construction management also lends real-world perspective and an added benefit to clients.

Bars and Courts
Texas
Virginia
Colorado
Education
JD
The Ohio State University

University Moritz College of Law, cum laude

BS
Civil Engineering
University of Colorado Boulder
Languages
English

Experience

Select matters include advising:

  • Representing Champlain Hudson Power Express (CHPE) (a Blackstone (BX) portfolio company) in the development of one of the longest high-voltage electric transmission lines in the United States, which will carry clean electricity from the Canadian border to New York City to achieve clean-energy commitments. The U.S. $6B+ project will be financed on a non-recourse project finance basis.
  • Representing Wabash Valley Resources in all EPC aspects of its blue ammonia and carbon capture project in Indiana, to be financed by the Department of Energy (DOE).
  • Represented developer in the development of the world's first utility-scale natural gas-fired power plant with near-zero atmospheric emissions.*
  • Represented a developer in the development of an innovative, first-of-its-kind, used oil recycling or "re-refining" facility, to recycle previously discarded or wasted oil materials (including residual marine oils and otherwise unmarketable materials) into high quality and clean fuel products for immediate delivery into vehicles, transportation pipelines, and marine vessels. The facility will reduce the environmental harm otherwise caused by the wasting of unmarketable petroleum products.*
  • Represented project developer in EPC aspects of its first-of-a-kind, sustainable, low-emission lithium extraction / production facility in California, which has been awarded hundreds of millions of dollars in tax incentives. Lithium is an essential element for critical battery / energy storage solutions.*
  • Represented project developer in the development of the first large commercial scale eFuels facility in the world.*
  • Represented project developer in all EPC aspects of $1B+ green ammonia production facility to be constructed in Nova Scotia, Canada, to deliver critical RFNBOs into European markets.*
  • Represented project developer in EPC aspects of developing molten salt small nuclear reactor (SMR) project in Texas.*
  • Represented an energy major in the drafting and negotiation of multi-million-dollar turnkey decommissioning contracts for legacy off-shore oil and gas assets scattered across the Gulf of Mexico.*
  • Represented a multinational mining, metals and petroleum company in the drafting and negotiation of engineering, procurement and construction agreements and related agreements in the U.S. $7B+ development of an offshore oil field in Mexico.*
  • Represented major LNG project developer and owner in the drafting and negotiation of FEED and EPC agreements for the engineering, procurement and construction of a liquefied natural gas (LNG) export terminal in Texas, a multi-billion dollar project.*
  • Represented major LNG project developer and owner in the drafting and negotiation of multiple EPC and construction agreements for the construction of a U.S.$1B natural gas pipeline and associated facilities in Oklahoma.*
  • Represented project developer consortium in drafting and negotiating an EPC agreement for the construction of a U.S.$1B+ polyethylene plant on the Gulf Coast in Texas, with continued representation during project execution.*
  • Represented a portfolio company of a major private equity fund in drafting and negotiating a $600M+ engineering, procurement and construction 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 multi-billion-dollar PDH plant in Texas.*
  • Represented a portfolio company of a major asset-based private equity fund in the drafting and negotiation of an $80M+ engineering, procurement and construction agreement for a fractionation plant in Longview, Texas.*
  • Represented midstream developer in the drafting and negotiation of project development agreements of a new multi-million-dollar interstate natural gas transmission pipeline in Louisiana.*
  • Represented a major international developer in drafting and negotiating an EPC agreement for the design, procurement and construction of a U.S.$1B+ 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 the engineering, procurement, construction and installation of 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 GOM, capable of conducting drilling operations in water depths up to 12,000 feet.*
  • Represented a Mexican paper company in drafting and negotiation of an engineering, procurement and construction (EPC) agreement for a 400,000 ton container-board mill near Monterrey, Mexico, which will use the largest container-board machine ever installed in Mexico.*
  • 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 located in the United States, Mexico and Brazil.*
  • Represented owner/developer in drafting and negotiating various front-end engineering design (FEED) agreements, EPC agreements and supply agreements for the development and construction of 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 major midstream company in drafting and negotiating an EPC agreement for the construction of a refrigeration train for ethylene exports in Texas.*
  • Representing 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 midstream company in drafting and negotiating an EPC agreement for the construction of a $100M+ 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 Gulf Coast in Texas.*
  • Represented owner/developer in negotiations for a renovation project related to Super Bowl LIII in Atlanta, Georgia.*
  • Represented owner/developer in drafting and negotiating EPC agreements for animal feed supplement production facilities in Texas.*
  • Represented owner/developer in drafting and negotiating EPC agreement for design and construction of a barge-mounted, natural gas-fired, combined-cycle power generation facility to be built in Singapore and navigated and docked in the Dominican Republic.*
  • Represented general contractor in litigation against owner of a 130-MW hydroelectric power generation facility built in Pennsylvania involving over US$70 million in dispute.*
  • Represented 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 general trades contractor in litigation against the State of Ohio before the Ohio Court of Claims obtaining favorable judgment.*
  • Represented general contractor in litigation against an exploration and production (E&P) company in a multi-million dollar collection action obtaining summary judgment in client's favor on breach of contract and lien foreclosure claims.*

*Matters prior to White & Case
 

Awards and Recognition

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)