What Our Data Center Attorneys Help With:
Carpenter Wellington supports clients across data centers and the wider digital infrastructure ecosystem, including:
- Data center projects and operations (greenfield and brownfield; hyperscale, colocation, enterprise, and edge)
- Connectivity infrastructure (fibre networks, towers, satellite arrangements, and subsea connectivity strategy)
- Build and delivery contracts (EPC/turnkey, design and build, supply and installation, O&M, facilities management)
- Customer and revenue contracts (colocation agreements, capacity and services, SLAs, managed services, pass-throughs, renewals, and terminations)
- Power and resilience (procurement strategy, critical vendor contracting, uptime obligations, step-in rights, performance remedies)
- Acquisitions, dispositions, and carve-outs (asset and share deals; platform plays; JV formations; integration planning)
- Financing and investment structures (borrower and lender-side support; preferred equity; joint ventures; structured arrangements)
- Regulatory and risk (telecommunications and licensing considerations, data governance, cybersecurity readiness, incident response planning)
- Disputes and pressure moments (contract enforcement, service failures, delays, outages, and distressed vendor situations)
Data Centers: The Agreements That Make The Asset Bankable
A data center is only as investable as its documents. Carpenter Wellington helps clients shape commercial outcomes through contract structures that are built for real-world operation and scrutiny in diligence.
Carpenter Wellington assists clients with:
- Colocation and wholesale contracting models
- SLAs, service credits, and limitation of liability structures that align with operational reality
- Customer onboarding documentation, order forms, and change control
- Vendor and supply chain contracts that protect uptime (and give practical remedies)
- Diligence support for acquisitions and financing processes, including contract clean-up and risk narratives
Digital Infrastructure Beyond the Building
Many digital infrastructure strategies extend well beyond the data hall. Carpenter Wellington supports transactions and contracting that sit around the asset:
- fibre and backhaul arrangements, capacity and dark fibre contracting
- Subsea connectivity projects: consortium-facing contracting and supply arrangements (where applicable)
- Satellite and ground services commercial contracting
- Tower and rooftop programs, access rights, and portfolio rationalization
Privacy, Cybersecurity, and Data Governance
Digital infrastructure businesses live and die by trust. Carpenter Wellington assists clients to build governance structures that protect data, satisfy commercial and regulatory expectations, and stand up during diligence.
Carpenter Wellington can help establish and embed a practical compliance position, including:
- Privacy governance and “privacy by design” program support
- Vendor risk allocation and security obligations in commercial contracts
- Incident response readiness, playbooks, and decision pathways
- Cybersecurity considerations in M&A, financing, and commercial partnerships
(See also: Data Privacy & Security and Technology Transactions & Licensing.)
Real Estate and Delivery Fundamentals
Digital infrastructure still sits on land, and it still gets built by people under contracts. Carpenter Wellington assists clients with the real estate and delivery pieces that can make or break a timeline:
- Site acquisition support, leasing strategy, and build-to-suit frameworks
- Landlord and tenant positions for data center leases and expansions
- Easements, access, and practical rights that support operations
- Construction and delivery contracting that matches procurement realities
(See also: Commercial Real Estate.)
Our approach
Carpenter Wellington focuses on outcomes. The firm balances risk with speed and keeps legal advice anchored to operational reality. Carpenter Wellington takes time to understand the business model, the deal drivers, and the delivery timeline, then builds documentation and a negotiation strategy that helps clients execute with confidence.For clients needing ongoing coverage, Carpenter Wellington supports digital infrastructure clients through tailored General Counsel engagement – from overflow support to full management of the legal function for a project or platform.
Frequently Asked Questions
Do I need an attorney to review a colocation agreement?
Yes. Colocation agreements are commercial contracts with significant financial exposure — they govern uptime obligations, service credits, liability caps, and termination rights. Having a data center attorney review and negotiate your colocation agreement before signing can prevent costly disputes and ensure the contract reflects operational reality.
What legal issues come up in data center leases?
Common legal issues in data center leases include power capacity and allocation, uptime SLA obligations and service credits, liability limitations, renewal and expansion rights, step-in rights for critical vendors, data security obligations, and exit/termination provisions. Carpenter Wellington’s data center lawyers have experience on both the landlord and tenant side of these transactions.
How does Carpenter Wellington help with data center disputes?
Carpenter Wellington assists data center clients with contract enforcement, SLA disputes, outage claims, vendor failures, and distressed situations. The firm focuses on resolving disputes quickly and cost-effectively — whether through negotiation, arbitration, or litigation — while keeping the client’s business relationships and long-term objectives in mind.
Does Carpenter Wellington handle data center transactions nationwide?
Yes. Carpenter Wellington serves data center clients across the United States. The firm is headquartered in Seattle, one of the most active data center markets in the country, with additional offices in Portland, Oregon and Austin, Texas.
What is the difference between a colocation agreement and a data center lease?
A colocation agreement is a service contract where the data center operator provides space, power, and cooling in exchange for a fee — the customer does not own or lease the physical space. A data center lease is a real property lease where the tenant takes possession of a defined space. The legal structures, rights, and risks are different in each case, and Carpenter Wellington advises clients on both.