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Energy Group

Phillips Nizer’s Energy Group handles domestic and international projects managing the process and issues related to traditional fossil fuel projects, combined heat and power plants, incineration facilities, as well as renewables (particularly solar and wind) from initiation through implementation.   Whether in the initial development phase, during operation, or post-commissioning, each project presents its own challenges be it  regulatory, environmental, financial, political, or technical – each of which impacts a project’s success.

Our lawyers engage in the development and resolution of matters that involve regulatory strategies, public policy development, and risk management for business, government, and industry sectors.  We negotiate, structure and prepare the transactional documents handle the legal aspects of project finance, and pursue financial incentives that exist in the marketplace. We liaise with project engineers, financial consultants and other service providers to integrate the technical and financial aspects of the project  into the documentation.

Our Energy Group also represents parties in project restructuring, litigation and dispute resolution proceedings.  We have extensive experience working with troubled projects – e.g., when expected performance standards have not been met leading to contract breach and warranty claims as well as difficulties in meeting the project’s financial obligations.  

Phillips Nizer represents energy clients before local, state, regional and federal authorities to obtain permits and licenses for complex and, at times, controversial projects. With significant experience in real estate development, financing, litigation, construction permitting, and environmental, zoning and land use issues, we help our clients initiate development, access financing and move projects toward completion.

In dealing with utilities and governmental authorities, we have insight into and experience and skills in the development and processing of RFPs, PPAs, and the competitive bidding process.

We represent: 

  • developers and sponsors
  • independent power producers
  • energy and utility companies
  • producers and distributors of petroleum and natural gas
  • project finance lenders
  • acquirers of energy facilities and projects
  • engineering, construction services, operation and maintenance and equipment vendors
  • local government authorities 

Documentation:

We draft and negotiate the various project agreements -

  • joint venture agreements
  • design and engineering agreements
  • construction management agreements
  • operation and maintenance agreements
  • equipment procurement contracts
  • power purchase agreements
  • warranties and performance guarantees
  • equity support and other similar guarantees
  • project finance documentation
  • mortgage and security agreements
  • onshore and offshore leases
  • easements

 

Attorneys practicing in this area:

Marc A. Landis
Alan Shapiro