Mike Childers has a unique combination of experience as an outside counsel representing clients on a wide range of transactional and environmental matters and as an executive manager of the environmental, health and safety (EH&S) function of an international power generation company and a large heavy civil construction company engaged in the business of building roads and bridges.
Mike’s transactional practice focuses primarily on electric utilities and independent power producers and covers a wide range of transactional representation for such clients. Mike has significant experience with project development and construction of many types of power plant projects, specifically including clean coal, gas-fired, and a special emphasis in more recent years on utility scale renewable projects such as solar, wind and biomass. Mike’s expertise on these projects is comprehensive and includes joint venture and teaming agreements, all types of construction contracts with many different pricing structures, major equipment procurement contracts, power purchase agreements, and O&M agreements. Mike also has represented electric utilities and independent power producers with respect to the purchase and sale of energy assets, including gas-fired power plants and renewable projects such as solar, wind and biomass. Mike’s representation of electric utilities and independent power producers also includes substantial experience with complex long term service agreements for gas-fired power plants and comprehensive transactional support to the supply chain organization, including procurement and construction contracts for major retrofit projects and fuel conversion projects.
Mike’s transactional practice also includes the representation of other commercial clients on distributed generation projects, including fuel cells and ground mounted and rooftop solar. These representations cover a wide range of transactional subject matter, including construction contracts, power purchase agreements, lease agreements, and service agreements.
Mike’s work on energy projects and other large industrial projects frequently spans the duration of the project, from the RFP stage through the completion of construction and commissioning, including legal advice and support on disputes with contractors and vendors on matters such as change orders, delays, inefficiency claims, performance guarantees, warranties, liquidated damages, force majeure claims, and defaults. Mike brings significant practical knowledge and experience into the preparation and negotiation of major project contracts such as construction and procurement agreements, including on all key commercial terms such as warranties, performance guarantees, change order provisions, pricing structures, delay provisions, delay and performance liquidated damages, force majeure and unforeseen site conditions, insurance, performance security, liens, confidentiality, dispute resolution, and defaults.
Mike also has been the Vice President of EH&S for the domestic and international operations of a large merchant energy company with substantial coal and gas-fired generation assets. The scope of Mike’s functional responsibility in this job encompassed all aspects of the EH&S function, including compliance, governance, policy and advocacy, strategic planning, acquisitions, permitting and environmental external affairs. Mike also was the Vice President of EH&S for a large heavy civil construction company engaged in road and bridge projects and was responsible for all EH&S governance, compliance programs, new project permitting, and legal issues.
