Energy is today’s buzz word and we have developed a wealth of experience, for both contentious and non-contentious issues in the power, renewables and biomass, wind and solar sectors. Our clients’ range across the spectrum, including owners and operators, international funders, suppliers and contractors.
Construction and Energy
At Barton Legal, we understand the commercial and technical issues that must be considered in energy projects. We have worked with many energy consultants and appreciate the importance of their role and the supply chain as a whole. This experience enables us to give you practical legal advice on a diverse range of issues from contract drafting, to advising on PPAs and maintenance agreements, as well as any peripheral contracts.
Our experience in the Energy Sector
We have drafted and negotiated contracts for the construction of wind farms and biomass plants (EPC) and operating and maintenance agreements (OMS), as well as advising on and drafting Management Construction and Construction Management contracts. We fully understand the relevance of take over requirements, performance obligations, operational targets and the need for these to be effective, commercial and enforceable, through the use of different types of liquidated damages, guarantees, liability caps and performance bonds and obligations.
Our contracts consider the transfer of risk of plant and machinery, hand-over obligations, compliance with performance specifications, change orders and issues surrounding delay and loss and expense. We understand how to draft provisions for non-availability, non-performance and delay, and what connected provisions will be required to ensure that if these are not met then there is a back-up plan.
We have worked with FIDIC, Orgalime and CRINE and we are very adept at advising and negotiating contracts in the UK and overseas.
Our experience and commercial approach assists our clients to get projects from the drawing board to completion, on time and on budget. A significant element of this is our ability to communicate with you and to understand what it is you want and what is needed, from the outset.
Large and complex projects place a high reliance on internal and external consultants and you will need a legal team capable of talking their language and communicating in a dynamic and clear way. You must have a team that works well and closely together. Where everyone knows their role, their scope and responsibility. All of this must be reflected in the final version of the contract documents.
Many clients are happy with a standard contract, but we can help you create a bespoke version if your project needs something more specific. Discussing and agreeing this as a first stage should be the starting point for your project team. We can help with all of this.
Our role as part of the procurement team requires early involvement to derive real benefits in terms of clearer and more precise drafting, a reduction of disputes, reduced project costs and a reduction of risks. We will work closely with you and your team, and other parties to arrive at a solution that addresses everyone’s issues.
Experience enables us to work closely with all parties to advise on the appropriate division of risk and to provide an effective, manageable and proactive team, with a strong and enforceable contract. That will in turn reduce risks and bring other tangible benefits to the client.
With our vast experience we can ensure renewable projects run effortlessly with minimum delays, reduced disputes and increased profitability.