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Energy Sector Construction Contracts

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 7, July 2024

Welcome to our seventh issue of 2024 for our construction industry insights e-newsletter - The Site Report. In this edition, we address a range of construction issues from potential impacts to OSHA’s authority and issues...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Construction Issues Impacting the Energy Industry - September 18th, 11:00 am - 12:00 pm PT

In the dynamic landscape of the renewable energy sector, understanding the intricacies of payment and performance bonds, mechanic’s liens, and dispute resolution may be pivotal to your project’s success. Join us for a...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Construction Issues Impacting the Energy Industry - July 24th, 11:00 am - 12:00 pm PT

In the dynamic landscape of the renewable energy sector, understanding the intricacies of payment and performance bonds, mechanic’s liens, and dispute resolution may be pivotal to your project’s success. Join us for a...more

Bradley Arant Boult Cummings LLP

California Court Sends Solar Contractor’s Bond Claims to Arbitration

A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor...more

Bradley Arant Boult Cummings LLP

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and...more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Gould + Ratner LLP

Let the Sun Shine: Best Practices For Solar EPC Contracts

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For a variety of reasons, the solar industry has experienced, and will continue to experience, record growth. According to the Solar Energy Industries Association and Wood Mackenzie, a global energy and chemical research...more

Farella Braun + Martel LLP

Engineering, Procurement and Construction Agreements for Utility-Scale Battery Projects

The negotiation of an engineering, procurement and construction (EPC) agreement for a battery energy storage systems (BESS) project typically surfaces many of the same contractual risk allocation issues that one encounters in...more

King & Spalding

The ICC Releases Report on Resolving Climate Change Disputes through Arbitration

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The International Chamber of Commerce (“ICC”) has just released its Report on “Resolving Climate Change Disputes through Arbitration” (the “Report”). The long-awaited Report is the result of almost two years of work by the...more

King & Spalding

Impact of the Delayed PJM Base Residual Auction on Excess Cash Flow Sweeps Under Construction Financings

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In a July 25, 2019 order, the Federal Energy Regulatory Commission (“FERC”) directed PJM Interconnection, L.L.C. (“PJM”) not to conduct the Base Residual Auction (“BRA”) to procure capacity for the 2022-2023 delivery year in...more

Dechert LLP

Recent Developments Confirm the Obrador Administration Will Fulfill Its Campaign Promise to Battle Corruption in Mexico

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Corruption and bribery have run rampant throughout Mexico for years. However, recent developments and policy changes of the new administration indicate that the days of doing business through bribery and graft are over....more

Troutman Pepper

Florida Federal Court Dismisses Fluor Enterprises’ $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter

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Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019) - On April 16, 2019, a Florida federal court dismissed without prejudice Fluor Enterprises’...more

Mintz - Energy & Sustainability Viewpoints

How to Value a Solar Development Pipeline (Part 2 of 4)

Recently, in a quiet moment between energy transactions, I pondered: When does a solar project become a solar project? It’s a philosophical question, perhaps. Thankfully (and not surprisingly), my colleagues in engineering...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Emergence of Utility-Owned Renewable Energy Under Build-Transfer Agreements

Electric utilities in the U.S. historically have been buyers and sellers, but not producers, of renewable energy. Largely due to tax and accounting constraints, vertically integrated, regulated utilities traditionally have...more

Bracewell LLP

Does the Prevention doctrine thwart contractually allocated Concurrent Delay risk? The English Court of Appeal says not

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Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and...more

Bracewell LLP

Risky Business, Voldemort and Force Majeure: The Tale of the West Leo Rig

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With apologies to movie fans everywhere, this briefing has nothing to do with Tom Cruise’s 1983 comedy or the Harry Potter films. Rather, it actually concerns the recent English High Court decision in Seadrill Ghana...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

Akin Gump Strauss Hauer & Feld LLP

Mexico's Energy Industry Round 2.4: Mexico's Deep Water Success

On January 31, 2018, the Comisión Nacional de Hidrocarburos (“CNH”) completed the Presentation and Opening of Bid Proposals for the Fourth Tender of Round Two (“Round 2.4”), which was first announced on July 20, 2017. Round...more

Bradley Arant Boult Cummings LLP

My Roof, My Rules: Arbitrators May Determine Their Own Jurisdiction When the Parties Delegate that Authority

An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more

Bradley Arant Boult Cummings LLP

Solar in the Frost: What to Watch Out For

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more

Akin Gump Strauss Hauer & Feld LLP

Mexico’s Energy Industry: Updated Bidding Guidelines and Contract Terms for Ronda Uno, Second Tender

On August 4, 2015, the Comisión Nacional de Hidrocarburos (the CNH) released revised versions of the Bidding Guidelines (the Guidelines) and the Model Production Sharing Contract (the PSC) for the Second Tender published on...more

Akin Gump Strauss Hauer & Feld LLP

IRS Comments on its PTC Start of Construction Guidance

On August 20, the American Wind Energy Association (AWEA) held a webinar to discuss Internal Revenue Service (IRS) Notice 2014-46, which clarified the rules for wind projects to be grandfathered for production tax credit...more

McDermott Will & Emery

IRS Issues Additional Guidance with Respect to 2013 Beginning of Construction Rules for Wind and Other Renewable Projects

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The Internal Revenue Service (Service) issued Notice 2014-46 (Notice) on August 8, 2014, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,...more

Akin Gump Strauss Hauer & Feld LLP

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

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