Negotiating Commercial Contracts for Energy Storage Projects: Procurement, EPC Contracts, Energy Storage Agreements
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide energy counsel with guidance on the key types of commercial contracts involved in energy storage projects. The panel will discuss and analyze salient topics that have been highlighted in several recent deals.
Outline
- Introduction
- Overview of the energy storage landscape
- Importance of commercial contracts in energy storage projects
- Equipment procurement contracts
- General description and purpose
- Buyer concerns
- Seller concerns
- Key issues
- Rights and remedies, delays, performance deficiencies, termination
- Commissioning, warranties, performance guarantees
- EPC contracts
- Overview and significance
- Owner obligations vs. contractor obligations
- Pricing and financial structures
- Rights and remedies
- Key processes
- Performance guarantees and warranties
- Energy storage agreements
- Tolling agreements vs. capacity sale agreements
- On-site vs. grid-connected energy storage agreements
- Title and risk of loss for stored electricity
- Performance guarantees and adjustments
- Key considerations
- Disclaimers, excused delays, and implications of buyer breaches
- Key takeaways
Benefits
The panel will review these and other important issues:
- Understanding the procurement contract, EPC contract, and energy storage agreements
- Key considerations and hot topics in recent deals
- Best practices to avoid common pitfalls in reviewing and negotiating commercial contracts for energy storage projects
Faculty
William H. Holmes
Partner
K&L Gates
Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on... | Read More
Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage. His experience extends into corporate transactions, water law, and real estate law. Mr. Holmes also advises clients in negotiating major power purchase agreements, acquisition and sale of energy projects, EPC agreements, O&M agreements, fuel supply, and energy project development agreements.
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Shab Puri
Partner
K&L Gates
Mr. Puri is a partner at the firm. He focuses on energy and infrastructure projects with an emphasis on the development... | Read More
Mr. Puri is a partner at the firm. He focuses on energy and infrastructure projects with an emphasis on the development of diverse range of renewable energy projects, including solar, wind, storage, biomass, hydrogen, and hydropower. Mr. Puri has extensive experience in representing project developers, contractors and equipment suppliers with engineering, procurement, and construction agreements; equipment supply agreements; operation and maintenance agreements; and long-term service contracts and related matters. He also advises clients with power purchase agreements, project related real estate agreements and the acquisition, disposition of project entities and project assets, and general commercial matters. Mr. Puri has more than 20 years of law firm and in-house experience.
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