Data center construction projects involve more than delivering complex technical infrastructure on an accelerated schedule. Owners, developers, contractors, and design professionals must navigate legal and contractual issues that can affect project performance, increase costs, and lead to disputes throughout the project lifecycle.

From performance-based specifications and schedule delays to equipment procurement challenges and commissioning requirements, many risks stem from how responsibilities are allocated, managed, and documented. Careful planning and clear contract language can help project participants mitigate risk and improve project outcomes.

Key Takeaways:

  • Delivery methods and contract structures can significantly affect risk allocation and project responsibilities.
  • Schedule delays, acceleration demands, and liquidated damages remain common sources of disputes on data center projects.
  • Long-lead equipment procurement and integration challenges require proactive planning and coordination.
  • Clear contractual responsibilities and strong project administration can help reduce risk and improve project certainty.
Photo of Bart Reed Bart Reed

Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction…

Bart Reed is a partner in the firm’s Seattle office and practices with the Real Estate and Construction group. With extensive experience in complex commercial and construction law, multistate litigation and ADR (representing clients in 28 states), Bart focuses his practice on construction and design issues and disputes, representing owners, developers, contractors, subcontractors, design professionals and sureties, in diverse matters on both public and private projects. His experience covers a wide range of issues affecting design and construction clients, including contract drafting/negotiation, non-payment and surety claims, construction liens and payment bond claims, design disputes, construction defects, and scheduling issues in the defense and prosecution of delay/impact claims.

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