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Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Higher Penalties, Construction, Health and Energy: the ACCC Sets its Enforcement Priorities for 2017

by K&L Gates LLP on

In brief: - On 24 February, the ACCC unveiled its Enforcement and Compliance priorities for 2017. - The ACCC's enforcement activities in 2017 will continue to target larger companies causing harm to consumers and...more

IRS Further Updates Beginning of Construction Guidance for Renewable Energy Tax Credits

On December 15, 2016, the Internal Revenue Service (IRS) issued Notice 2017-04, which updates prior guidance regarding the beginning of construction requirement for renewable energy tax credits under IRC sections 45 and 48. ...more

IRS Issues Additional Guidance on Beginning of Construction Rules for Renewable Projects

by McDermott Will & Emery on

On December 15, 2016, the Internal Revenue Service released Notice 2017-04, which provides welcome guidance on how to meet the “beginning of construction” requirements for wind and other qualified facilities. There has been...more

IRS Updates “Beginning of Construction” Guidance

by Stoel Rives LLP on

The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit...more

Recycled Water and New Construction. New Standards Being Considered.

The second a series of stockholder meetings will be held on August 30, 2016 in Sacramento, California to consider proposed amendments to the state building code for the installation of recycled water systems for newly...more

IRS modifies and extends continuity safe harbor, clarifies other guidance for production tax credit eligibility

by DLA Piper on

The IRS has released Notice 2016-31, which extends and modifies the “continuity safe harbor” for purposes of the “begun construction” requirement applicable to the renewable electricity production tax credit (PTC) under §45...more

IRS Issues Guidance on Beginning of Construction Rules for Renewable Projects

by McDermott Will & Emery on

On May 5, 2016, the Internal Revenue Service (IRS) issued Notice 2016-31, providing guidance on meeting the beginning of construction requirements for wind and other qualified facilities (including biomass, geothermal,...more

After Extension, IRS Clarifies "Begun Construction" Guidance for PTCs

Following last year's extension of the investment tax credit for qualifying projects for which construction begins prior to January 1, 2020, and of the production tax credit (PTC) with respect to certain facilities the...more

4 Considerations for Mechanic's Liens on Alternative Energy Projects

by Faegre Baker Daniels on

Securing payment is critical for contractors, and contractors, subcontractors and suppliers often rely on their mechanic’s lien rights. However, on wind and solar electrical generation projects, unusual considerations can...more

Jordan Cove LNG Setback

In a move that surprised some industry observers, on March 11, 2016, the Federal Energy Regulatory Commission (FERC) issued an order (the “Order”) that (i) denied Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) application...more

New Developments in the Determination of the Texas Franchise Tax Liability

by Liskow & Lewis on

The Texas Franchise Tax is imposed on taxable entities that do business in Texas or that are chartered or organized in the state.  Taxpayers subject to the Texas Franchise Tax may compute their tax liabilities under several...more

IRS Confirms that Flip Partnership Guidelines Do Not Apply to Solar Projects

by McDermott Will & Emery on

The IRS has advised that the flip partnership guidelines under Rev. Proc. 2007-65, 2007-2 C.B. 967, do not apply to solar facilities or other projects claiming the Section 48 investment tax credit (ITC). The statement, made...more

As Drones Hit the Sky, Lawsuits Predicted to Fly

by Gilbert LLP on

The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military drones has recently been estimated as a $2.5 billion industry that is growing at...more

TRANSACTIONAL: Project Development / Finance: PF2 and its relevance to PPPs in the GCC

by King & Spalding on

The Private Finance Initiative (PFI) was a public-private partnership (PPP) model introduced by the United Kingdom government back in 1992 as a tool to engage the private sector to design, construct, finance and operate...more

The Next Big Step For Renewables: Energy Storage

The promise of renewable energy has been partly realized as renewables, including wind and solar, have attracted significant investment over the years and now generate output that comprises a useful contribution to our...more

Thought leadership on legal implications of residential and commercial PV installations

by BPE Solicitors LLP on

Thought leadership piece on legal considerations and lessons learnt in PV installations in the UK....more

Contract administration - JCT, NEC3 and FIDIC

by BPE Solicitors LLP on

An article comparing the contract administration and project management roles found in JCT, NEC and FIDIC. May be of most interest to those in the process engineering industries....more

Anti-Corruption Laws & Compliance

by David Seide on

This articles reviews recent anti-corruption efforts affecting energy and infrastructure companies, and discusses key elements associated with compliance programs....more

PA Notes

Sales & Use Tax - Building and Pole Signs: The sale of a building or pole sign may qualify as a “construction contract,” where the vendor installs the sign to become permanently affixed to the real estate. While no tax is...more

Renewable Energy Law: Federal Stimulus Provides Major Funding for Renewable Energy and Energy Conservation

by Lane Powell PC on

The economic stimulus package passed by Congress and signed today by President Obama contains good news for supporters of renewable energy and energy conservation. The American Recovery and Reinvestment Act of 2009 provides...more

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