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Energy Projects and the Impact of COVID-19: Contract Issues, Force Majeure Claims, Restructuring Considerations

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, May 21, 2020

Recorded event now available

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This CLE course will provide guidance to energy counsel on critical issues for energy projects in light of the coronavirus pandemic. The panel will discuss key considerations in reexamining current energy-related contracts and legal implications, determining the applicability of force majeure clauses and handling potential claims, anticipating impact to investors, and restructuring for energy projects.

Description

The spread of COVID-19, the novel coronavirus, is disrupting supply chains and development within the energy sector. Energy counsel and market participants must recognize the impact on project development, construction, tax credits, and other vital items.

The coronavirus pandemic has a significant effect on energy production that is likely to continue for an extended period, resulting in delays, and jeopardizing the fulfillment of EPC contracts and operational deadlines contained in PPAs. Any delay cripples project completion efforts, which could diminish the value of federal investment or production tax credits for renewable energy projects.

Also, notices based on force majeure or breach of contract claims are already rolling in based on manufacturers and contractors who have been unable to meet their contractual obligations. Energy counsel must immediately implement methods to mitigate the financial and legal risks to energy market participants.

Listen as our panel discusses critical considerations in reexamining current energy-related contracts and legal implications, ascertaining the applicability of force majeure clauses, managing claims, and restructuring for energy projects.

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Outline

  1. Impact of COVID-19 on the energy sector
    1. Project development and operations
    2. Tax credit
    3. PPAs
  2. Key issues for contract drafting and enforcement
    1. Reexamining contract provisions in light of the coronavirus pandemic
    2. Force majeure clauses
    3. Litigating claims
  3. Best practices for energy law attorneys, investors, and developers

Benefits

The panel will review these and other key issues:

  • What is the impact of COVID-19 on energy project development?
  • What are the principal contract provisions to reexamine in response to the coronavirus pandemic?
  • What is the impact to investors and other energy market participants?
  • What are the critical factors in determining the applicability of force majeure clauses and litigating claims?

Faculty

Arora-Cox, Shellka
Shellka Arora-Cox
Counsel
Pillsbury Winthrop Shaw Pittman

Ms. Arora-Cox focuses her practice on project finance, corporate finance, Islamic finance,  acquisitions, tax...  |  Read More

Dajani, Mona
Mona E. Dajani
Partner
Pillsbury Winthrop Shaw Pittman

Ms. Dajani serves as a lead lawyer in complex acquisitions, dispositions, financing and project development...  |  Read More

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