Uyghur Forced Labor Prevention Act: What It Means for the Solar Supply ChainOn December 23, 2021, President Biden signed into law H.R. 6256, known as the Uyghur Forced Labor Prevention Act. The act is intended to stem the importation of goods made with forced labor from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (the “Xinjiang Region”) into the United States. The act

Willful Misconduct Defined, How Broad Is That Exception to Your MSA?In Texas, most Master Service Agreements related to the oil and gas industry provide indemnities based on who or what was injured rather than who caused the injury. For example, the standard knock-for-knock indemnity will provide that an operator will defend and indemnify the contractor for injury to the operator’s employees even if the injury

ICC Releases New International Arbitration Rules – Important Changes for the Construction and Energy SectorThe International Chamber of Commerce (ICC) International Court of Arbitration, one of the leading international arbitral institutions, has released revised Rules of Arbitration to take effect in January 2021. The 2021 ICC Rules contain some important updates, especially for the construction and energy sector, which constitutes approximately 40% of the ICC’s overall caseload. The 2021

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar ProjectOne of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community may be hostile to the prospective power project. The Court of Appeals of Minnesota underlined this point in its recent decision in

Two Emails Don’t Always Equal One Contract: Contracts in the World of COVID-19The coronavirus (COVID-19) has changed many of our personal and professional lives. This includes working from home and increased communication by email. During this time, many business decisions will be made through email, including entering into contracts. Owners, developers, and contractors should be aware of the pitfalls associated with negotiating contracts by email. While released

CISA Updates Guidance on Essential Critical Infrastructure Workers; More States Issue Stay-at-Home OrdersOver the weekend, the Cybersecurity & Infrastructure Security Agency (CISA) issued updated guidance expounding on its classification of workers who are essential to the nation’s critical infrastructure viability during the COVID-19 crisis. As discussed in our previous alert and blog post, CISA has identified 16 key infrastructure sectors that should continue operations to protect

COVID-19: Denied Access to NASA Facilities ClauseNASA announced on March 17, 2020, that, “[e]ffective immediately, all [NASA] employees and contractors will move to mandatory telework until further notice” as a result of the COVID-19 (the coronavirus) pandemic, and that only “[m]ission-essential personnel” will be “granted access onsite.” In light of this development, government contractors performing work under NASA contracts that

Declaration of Independence: Prior Material Breach Does Not Excuse North Carolina Solar Developer of Performance of Independent Promises under AgreementIn Recurrent Energy Development Holdings, LLC v. SunEnergy1, LLC, a North Carolina Superior Court addressed a dispute between two solar developers arising out of a letter of intent/exclusivity agreement. Under the agreement, Recurrent agreed to make cash payments in return for the exclusive rights to purchase certain projects being developed by SunEnergy1 and to

A Lesson on Good Faith and Fair Dealing in Solar ConstructionLate last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for this substantial award? The County failed to satisfy its obligation to cooperate with the developer on permitting issues

solar panels

As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make solar feasible.  Installation of solar panels north of the frost line creates some additional risks that solar developers, owners and contractors