Energy & Utilities Law, Commercial Law & Contracts, Construction Law

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

by King & Spalding on 5/18/2013

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, Thomas Warren | Sutherland Asbill & Brennan LLP on 4/29/2013

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

IRS Issues “Begin Construction” Guidance for Renewable Energy Tax Credits

by Jordan Collins, Bryan M. Stockton, Sahir Surmeli | Mintz Levin - Energy & Clean Technology on 4/23/2013

On April 15, 2013, the Internal Revenue Service (IRS) issued long-awaited guidance updating eligibility requirements for renewable project developers seeking to utilize the 2.3 cent/kWh Renewable Electricity Production Tax...more

IRS Issues Notice to Determine When Construction Begins for Purposes of Production Tax Credit, Investment Tax Credit

by Gale Chan, Madeline Chiampou, Brian Levy, Martha Groves Pugh, Philip Tingle | McDermott Will & Emery on 4/23/2013

The Internal Revenue Service (IRS) has issued important guidance to determine when construction begins with respect to a qualified facility for purposes of the production tax credit and the investment tax credit for certain...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

by King & Spalding on 4/19/2013

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Energy Alert: IRS Identifies Two "Begun Construction" Standards To Qualify For Two Tax Credit Opportunities

by Allison Woodbury Leppert | Leonard, Street and Deinard on 4/18/2013

The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period....more

"IRS Guidance on the Commencement of Construction Requirements for Tax Credits for Qualified Energy Facilities"

by Armando Gomez, Paul Schockett, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service released Notice 2013-29 (Notice), which established guidelines and a safe harbor to determine when construction has begun on a “qualified facility” for purposes of the renewable...more

Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In Careful Contract Drafting

by Robert Huber, Elizabeth Larsen | Leonard, Street and Deinard on 2/1/2013

The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/15/2012

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

by Robert Freedman - Partner at Tharpe & Howell,... on 11/9/2012

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

New State Bill to Bring Community-Based Renewable Energy to California

by Robert Freedman - Partner at Tharpe & Howell,... on 10/26/2012

Environmentally minded renters who are unable to install solar panels on their roofs because they don’t own their buildings, will have a new way to take part in the generation of solar power, and benefit as a result, if SB843...more

Alternative dispute resolution for energy and infrastructure projects – what are the alternatives?

by Reed Smith on 10/5/2012

Introduction - Energy and infrastructure construction projects take time, are technically complex, are of significant value, and involve a spectrum of participants with different interests. It is inevitable that there will be...more

The Next Big Step For Renewables: Energy Storage

by Peter Bauman - Senior Associate at Tharpe &... on 8/9/2012

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

Green Building: Design and Construction Contract Issues

by K&L Gates LLP on 5/8/2012

“Green Buildings” feature energy efficient and environmentally friendly elements. Governmental regulation, cost savings and public relations are driving the trend. While architects, engineers, contractors and facilities...more

Energy Newsletter - April 2012

by King & Spalding on 4/4/2012

In This Issue: TRANSACTIONAL - Transactions: FERC’s Pine Prairie Energy Center, LLC Order and Its Implications for Gas Storage Expansion Projects - Corporate/London: Shale Gas in Europe: Today and the...more

Newsletter

by Dermot Duncan on 12/22/2011

Summary of the Renewable Energy Market 2011 and a Predication for 2012 in Australia....more

Energy Newsletter - August 2011

by King & Spalding on 8/1/2011

In This Issue TRANSACTIONAL: Corporate/London - The EU's Third Energy Package: Reforms Kick-In but Member State Implementation Lags Behind A revised regulatory framework for promoting integration of, and...more

Australian Climate Change Plan - Energy Efficiency Opportunties

by Dermot Duncan on 7/17/2011

Summary of the Energy Efficiency Initiatives released under the Australian Government's "Securing and Clean Energy Future: Climate Change Plan" in July 2011....more

Financing Energy Efficiency Upgrades in Commercial/Industrial Buildings

by Dermot Duncan on 5/26/2011

This is a Newsflash detailing the core drivers/incentives for building owners to upgrade the energy efficiency of their buildings....more

Energy Industry Updates for October 2010

by Bill DuFour on 10/28/2010

Legal News is part of our ongoing commitment to providing legal insight to our clients and our colleagues. In this issue, we focus on the following topics: -- Offshore Wind Hits Land -- FERC Clarifies Order on...more

PA Tax Law News- July 2010

by McNees Wallace & Nurick LLC on 7/5/2010

IN THIS ISSUE: PA Tax Amnesty Exceeds Target by $71 Million; PA Announces Amnesty Program for Unclaimed Property; Property Tax Update: Real Estate Appeal Deadlines Approaching; Letter Ruling Impacts Highway Construction...more

Don't Bet the Company

by Michael Creedon on 5/22/2010

Limiting Liability with Effective Exclusion and Limitation Clauses...more

San Bernardino County Superintendent of Schools Request for Proposals for Solar Photovoltaic Electric Facilities

by Allen Matkins Leck Gamble Mallory & Natsis... on 12/2/2009

The San Bernardino County Superintendent of Schools ("Superintendent") seeks proposals to establish a pool, to be maintained for two years, of experienced contractors for design, finance and installation, and to own, operate,...more

Metropolitan Water District of Southern California's Request for Qualifications for Commercial Development Opportunity in La Verne

by Allen Matkins Leck Gamble Mallory & Natsis... on 11/9/2009

The Metropolitan Water District of Southern California ("MWD"), whose 5,200-square-mile service area includes portions of the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura, is soliciting...more

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Energy & Utilities Law › Commercial Law & Contracts › Construction Law