News & Analysis as of

Renewable Energy Breach of Contract

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

Solar Array Fire/Lost Generating Income: U.S. District Court Addresses Insurance Coverage Dispute

A United States District Court (“Court”)(D. Massachusetts) issued a September 30th Memorandum and Order (“Order”) addressing a dispute regarding an insurance coverage question related to a solar array fire. See NextSun Energy...more

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

Solar Energy/Project Development: Federal Court Addresses Breach of Contract Claim

The United States District Court for the Southern District of New York (“Court”) in a June 4th Opinion and Order (“Opinion”) addressed a contractual dispute involving a solar energy generating project. See DK LIPA LLC v. SB...more

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

Renewable Energy Production: U.S. District Court Addresses Dispute Involving Development Agreement

A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more

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

Wind Energy Power Contracts: U.S. District Court Addresses Market Risk Allocation Issues

The United States District Court for the Northern District of Illinois interpreted in a June 18th decision certain provisions of a wind energy purchase contract (“Contract”). See Barton Windpower, LLC & Buffalo Ridge I, LLC,...more

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

Renewable Energy Purchase Agreement: 8th Circuit Court of Appeals Addresses Whether Municipality Liable for Curtailed Energy

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a May 2nd opinion a dispute between a wind-energy supplier and a municipal electric system. See Smoky Hills Wind Project II, LLC v....more

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

Tax Credits/Solar Energy: Arizona Appellate Decision Describing Purchasers' Breach of Contract Action

An October 16th Arizona Court of Appeals decision describes a breach of contract action in a lower court involving the purchase of a residential solar energy system. See Lakosky v. The Solar Store, LLC, 2017 WL 4614724....more

Bradley Arant Boult Cummings LLP

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

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