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Matthew Penny

Matthew Penny

Partner, Houston
713.752.4442
mpenny@jw.com
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Biography Practice Experience News & Insights
Matthew Penny

Matthew Penny

Partner, Houston
713.752.4442
mpenny@jw.com
Email LinkedIn vCard Print
Practice Experience Attorney News

Practice Areas

  • Energy

Experience

  • Construction & Development
  • Construction Litigation
  • Digital Infrastructure & Data Centers

Biography

Matthew Penny’s practice focuses on the development and construction of energy-related and infrastructure projects, whether for newer technology assets like co-located energy supply for data centers or other digital infrastructure and renewable energy generation, or more traditional oil and gas assets or electricity generation and transmission infrastructure. With a deep understanding across the entire lifecycle of midsized, large, and mega projects, including the management of contractors during execution, Matthew guides his clients through the strategic choices involving contracting methodologies, alternative remuneration models, supply chain optimization and project financing that ultimately lead to successful and commercially-advantageous project completion.

Matthew has an exceptional record of strategizing on, drafting, and negotiating complex construction, service and procurement agreements across the full lifecycle of an asset, including EPC, EPCM, FEED, engineering services, and procurement contracts, (both bespoke and global standardized contracts like FIDIC, BIMCO, and LOGIC), master service agreements, operating and maintenance agreements, and strategic partnership agreements. Beyond the construction contracts themselves, his work necessarily includes analysis and drafting of associated corporate, commercial, project management, and project financing documents.

In addition to transactional work, Matthew’s practice is strengthened by his background in construction litigation and contractor management. He provides clients with strategic and tactical guidance on contract management challenges, helping them anticipate, avoid, and mitigate potential disputes during contract preparation and project execution.

Education

B.A., Emory University

J.D., The University of Texas at Austin

Bar Admissions

Texas

California

  • Provide strategic advice, drafting and negotiation of procurement, construction, service, and operation and maintenance agreements for developer of a multi-location portfolio of data centers, including construction and operation of on-site renewable power projects, natural gas back up power and data centers.
  • Act as project development counsel leading EPC work for cryptocurrency developer building project-financed data mining operations in Texas with both lender and private equity financing.
  • Draft and negotiate construction and related contracts for hyperscaler’s tens of billions of dollars invested in data center construction projects across multiple U.S. and international jurisdictions.
  • Develop, draft and counsel on risks of global construction contract for Fortune 50 technology company for use in data center and related electric development projects across multiple jurisdictions
  • Act as project development counsel for developers and sponsors of, and tax equity investors in, solar and battery energy storage projects, including drafting and negotiating key equipment procurement contracts, operation and management (O&M) agreements, master service agreements (MSA), and key financing documents, and assisting developers with portfolio-wide strategic decisions
  • Advise on risk allocation and procurement strategy, and document drafting and negotiation, for Fortune 500 company’s project development and financing of $1 billion+ carbon capture and storage unit at combined-cycle power facility in California, including guidance on federal funding requirements
  • Advise multi-national gas provider on acquisition and construction of $500 million+ BESS project, including preparation and negotiation of corporate, financing, EPC and O&M agreements
  • Counsel infrastructure investment fund in assisting subsidiary management company’s contracting for portfolio of energy as a service (EaaS) projects in eastern United States, including strategy development and document drafting
  • Act as lead project counsel supporting “take-private” acquisition of $10+ billion LNG liquefaction facility by supermajor National Oil Company including providing analysis of and strategic guidance on EPC and related financing issues
  • Draft and negotiate construction agreement for Fortune 500 contractor on first of its kind biogas facility project under development in Sweden
  • Act as lead project counsel for majority partner in $15+ billion LNG liquefaction construction project in Canada
  • Develop strategy for, draft and negotiate construction, procurement and operating contracts for majority partner and operator in $10+ billion LNG liquefaction project on U.S. Gulf Coast
  • Draft and negotiate multi-billion dollar construction, procurement and related contracts for owner/operator of $12+ billion petrochemical facility in northeastern United States, including associated commercial and corporate support for sell-down of interest and potential joint venture
  • Provide risk allocation guidance and draft construction agreements for multi-billion dollar, first-of-its-scale offshore wind project
  • Draft and negotiate EPC contract for contractor on multi-billion dollar gas to liquids project on U.S. Gulf Coast
  • Provide risk allocation guidance and draft construction and procurement agreements for construction of multi-billion dollar Floating Production Storage and Offloading facility in Brazil
  • Provide strategic and drafting counsel for both owners and contractors on hydrogen and ammonia project construction and financing

January 27, 2025
Attorney News

Matthew Penny Joins Jackson Walker’s Energy Practice and Infrastructure Development Team

Jackson Walker is pleased to announce that Matthew Penny has joined the firm as a partner in the Energy practice group in the Houston office.

More Attorney News

Practice Experience

  • Provide strategic advice, drafting and negotiation of procurement, construction, service, and operation and maintenance agreements for developer of a multi-location portfolio of data centers, including construction and operation of on-site renewable power projects, natural gas back up power and data centers.
  • Act as project development counsel leading EPC work for cryptocurrency developer building project-financed data mining operations in Texas with both lender and private equity financing.
  • Draft and negotiate construction and related contracts for hyperscaler’s tens of billions of dollars invested in data center construction projects across multiple U.S. and international jurisdictions.
  • Develop, draft and counsel on risks of global construction contract for Fortune 50 technology company for use in data center and related electric development projects across multiple jurisdictions
  • Act as project development counsel for developers and sponsors of, and tax equity investors in, solar and battery energy storage projects, including drafting and negotiating key equipment procurement contracts, operation and management (O&M) agreements, master service agreements (MSA), and key financing documents, and assisting developers with portfolio-wide strategic decisions
  • Advise on risk allocation and procurement strategy, and document drafting and negotiation, for Fortune 500 company’s project development and financing of $1 billion+ carbon capture and storage unit at combined-cycle power facility in California, including guidance on federal funding requirements
  • Advise multi-national gas provider on acquisition and construction of $500 million+ BESS project, including preparation and negotiation of corporate, financing, EPC and O&M agreements
  • Counsel infrastructure investment fund in assisting subsidiary management company’s contracting for portfolio of energy as a service (EaaS) projects in eastern United States, including strategy development and document drafting
  • Act as lead project counsel supporting “take-private” acquisition of $10+ billion LNG liquefaction facility by supermajor National Oil Company including providing analysis of and strategic guidance on EPC and related financing issues
  • Draft and negotiate construction agreement for Fortune 500 contractor on first of its kind biogas facility project under development in Sweden
  • Act as lead project counsel for majority partner in $15+ billion LNG liquefaction construction project in Canada
  • Develop strategy for, draft and negotiate construction, procurement and operating contracts for majority partner and operator in $10+ billion LNG liquefaction project on U.S. Gulf Coast
  • Draft and negotiate multi-billion dollar construction, procurement and related contracts for owner/operator of $12+ billion petrochemical facility in northeastern United States, including associated commercial and corporate support for sell-down of interest and potential joint venture
  • Provide risk allocation guidance and draft construction agreements for multi-billion dollar, first-of-its-scale offshore wind project
  • Draft and negotiate EPC contract for contractor on multi-billion dollar gas to liquids project on U.S. Gulf Coast
  • Provide risk allocation guidance and draft construction and procurement agreements for construction of multi-billion dollar Floating Production Storage and Offloading facility in Brazil
  • Provide strategic and drafting counsel for both owners and contractors on hydrogen and ammonia project construction and financing

Practice Areas

  • Energy

Experience

  • Construction & Development
  • Construction Litigation
  • Digital Infrastructure & Data Centers

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