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Energy & Utilities General Business Construction

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

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

Case Note on MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59

by King & Spalding on

On 3 August 2017, the Supreme Court of England and Wales handed down its decision in the case of MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59, finding in favour of the...more

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

by Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

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

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On March 7, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a production...more

Hydraulic Steel Works: A Case Study in Subcontracting for Hydro Projects

by K&L Gates LLP on

Originally posted in Hydropower & Dams, Issue One - 2017. Within the hydropower industry there are many ways to contract for hydraulic steel works. A project owner may choose to contract directly by way of one of more...more

New administration sets stage for shift in domestic preference requirements and enforcement activities

by Dentons on

The presidential memoranda signed on January 24, 2017, by President Trump relating to the Keystone XL and Dakota Pipelines included a message of particular significance to the government contractor community: Buy American....more

On the Horizon

by DLA Piper on

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full...more

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

by McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

by Thompson Coburn LLP on

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Energy Newsletter - October 2016

by King & Spalding on

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

by McDermott Will & Emery on

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

by King & Spalding on

Dispute-Management - Best Practices in Construction Projects - Introduction - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project?...more

2016 Oklahoma Tax Legislation

by GableGotwals on

Investment/New Jobs Credit, $25 Million Cap, 2016-2018. The income tax credit for investment in manufacturing facilities or increasing jobs was amended to provide that for tax years beginning on or after January 1, 2016, and...more

Energy Newsletter - June 2016

by King & Spalding on

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Amending FIDIC Provisions on Delay Liquidated Damages: a Case Note on J Murphy & Sons Ltd v Beckton Energy Ltd [2016] EWHC 607...

by King & Spalding on

The perfect construction project is completed on time, on budget, and in accordance with the Employer’s specification and/or performance requirements. In reality, delays frequently occur and with such delay the potential for...more

Construction Subcontractor Settles FCA Allegations for $2.8 Million

by Dorsey & Whitney LLP on

A recent settlement illustrates the broad reach of the FCA and the substantial liability that “mere retention” of an overpayment can impose on contractors several steps removed from a government contract. The dispute...more

Issues for consideration: EPC contracts and technology licenses in petrochemical projects

by White & Case LLP on

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project...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

Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

by Cozen O'Connor on

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the...more

Guaranteed Sunshine: Performance and Testing of Solar Power Projects

by King & Spalding on

This article is the third of three articles on solar power projects and discusses testing and performance guarantees in the context of engineering, procurement and construction (“EPC”) contracts for solar photovoltaic power...more

Sustainability in Retail: Going Strong and Expected to Continue

by Goulston & Storrs PC on

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

Construction and Engineering Toolkit: Insuring Existing Buildings in Which and Next to Which Construction Work is to Take Place

by DLA Piper on

This construction guide covers: -JCT contracts in real estate development -Minimum energy standards for letting buildings -Construction work adjacent to existing structures -Insuring the existing...more

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