Nixon Peabody energy attorneys regularly draft and negotiate all the key agreements necessary to develop energy projects on behalf of project developers, owners, contractors, and design professionals for projects of all types.
EPC contracts: For more than 25 years, we have negotiated engineering, procurement, and construction contracts and multiple prime delivery system contracts for our clients in facilitating energy projects in the United States and internationally. We make it our business to understand the ever-changing construction market and the negotiating styles and strengths of the construction firms that our energy clients will be encountering.
Specifically, Nixon Peabody represents clients in the negotiation and drafting and analysis of engineering, procurement, construction, and construction management contracts for a variety of energy projects, with an emphasis on new power generation facilities, pollution control equipment, and other energy infrastructure facilities. Nixon Peabody energy attorneys also represent lenders and investors in performing due diligence on construction contracts negotiated by others.
Nixon Peabody also has experience in other important documents that play a role in the project construction process, including turbine supply contracts, engineering contracts, and operation and maintenance contracts. Nixon Peabody has also represented clients on build-own contracts, and build-own transfer contracts, which have many elements in common with conventional EPC contracts. Finally, Nixon Peabody attorneys also represent owners and contractors in contract performance and dispute resolution issues.
Power purchase agreements: Nixon Peabody’s energy attorneys have represented energy project developers in the negotiation of power purchase and tolling agreements for a wide variety of power projects for more than 25 years in more than 40 states and 25 foreign countries. Projects have included conventional natural gas and coal projects, and virtually every kind of renewable technology, including land-based and offshore wind, solar, biomass, and geothermal, among others. We also help lenders, investors, and purchasers conduct due diligence on power projects that have been developed by others.
Our Energy attorneys help our clients to stay on top of the most current trends in the power sales area, including how parties are allocating change-in-law risks, handling performance and milestone penalties, and managing multiple buyers of output from the same project. We have significant experience representing clients in negotiating short-term and long-term power sales arrangements using EEI’s Master Purchase and Sale Agreement and similar ISDA Agreements. We routinely represent clients in counterparty negotiations over specific terms and conditions of the EEI Master Agreement, tailoring each agreement to address RTO and client-specific needs and conditions.
Development and participation agreements: Our energy attorneys have substantial experience in drafting and negotiating project development and participation agreements (also known as cotenancy agreements or joint ownership agreements) for electric generating facilities powered by coal, water, oil, natural gas, and nuclear fuel. In particular, we have represented investor-owned utilities and public power entities in negotiating cotenancy relationships for more than 25 years.
Fuel supply agreements: Nixon Peabody energy attorneys represent clients in the negotiation of long-term natural gas supply agreements with domestic and Canadian producers, as well as the negotiation of spot market and term contracts with domestic producers and marketers. We have a strong working knowledge of both the NAESB and Gas EDI form contracts, as well as work with project-specific fuel supply arrangements. Our contracting experience includes negotiating futures, swaps, and other financial products.