Energy Projects and the Impact of COVID-19: Contract Issues, Force Majeure Claims, Restructuring Considerations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Thursday, May 21, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance to energy counsel on critical issues for energy projects in light of the coronavirus pandemic. The panel will discuss key considerations in reexamining current energy-related contracts and legal implications, determining the applicability of force majeure clauses and handling potential claims, anticipating impact to investors, and restructuring for energy projects.
Faculty

Ms. Dajani is a partner in the Project Development & Finance practice as well as Global Head of Renewables, Global Head of Energy & Infrastructure (Projects) and Head of the Hydrogen and Ammonia Practice (Americas). She focuses on project finance, corporate finance, mergers & acquisitions, sustainable finance, portfolio acquisitions and tax equity matters along with advising government and private clients in energy and infrastructure projects. In her over 20 years of practice, Ms. Dajani has led numerous financing and acquisition/disposition and project development transactions involving solar, wind, hydrogen, hydroelectric, geothermal, biomass, waste to energy and net-zero disruptive technologies such as connectivity, autonomous driving and e-mobility as well as gasification, transmission lines, and oil &gas pipelines. She has substantial experience managing syndicated loan and debt capital markets transactions, sustainable finance, ESG, syndicated commercial bank debt, commercial paper programs and arranging capital for new and established energy and infrastructure companies. Ms. Dajani has represented a wide variety of commercial and public institutions, sponsors, utilities, financial institutions, underwriters, energy and clean technology companies, private equity funds, investment banks and multilateral agencies in transactions throughout the Americas, Europe, Asia and the Middle East.

Ms. Arora-Cox focuses her practice on project finance, corporate finance, Islamic finance, acquisitions, tax equity, construction and restructuring.
Description
The spread of COVID-19, the novel coronavirus, is disrupting supply chains and development within the energy sector. Energy counsel and market participants must recognize the impact on project development, construction, tax credits, and other vital items.
The coronavirus pandemic has a significant effect on energy production that is likely to continue for an extended period, resulting in delays, and jeopardizing the fulfillment of EPC contracts and operational deadlines contained in PPAs. Any delay cripples project completion efforts, which could diminish the value of federal investment or production tax credits for renewable energy projects.
Also, notices based on force majeure or breach of contract claims are already rolling in based on manufacturers and contractors who have been unable to meet their contractual obligations. Energy counsel must immediately implement methods to mitigate the financial and legal risks to energy market participants.
Listen as our panel discusses critical considerations in reexamining current energy-related contracts and legal implications, ascertaining the applicability of force majeure clauses, managing claims, and restructuring for energy projects.
Outline
- Impact of COVID-19 on the energy sector
- Project development and operations
- Tax credit
- PPAs
- Key issues for contract drafting and enforcement
- Reexamining contract provisions in light of the coronavirus pandemic
- Force majeure clauses
- Litigating claims
- Best practices for energy law attorneys, investors, and developers
Benefits
The panel will review these and other key issues:
- What is the impact of COVID-19 on energy project development?
- What are the principal contract provisions to reexamine in response to the coronavirus pandemic?
- What is the impact to investors and other energy market participants?
- What are the critical factors in determining the applicability of force majeure clauses and litigating claims?
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