The following Energy practice note Produced in partnership with Jonathan Brufal and James Bruce of Gowling WLG provides comprehensive and up to date legal information covering:
Operation and maintenance (O&M) of renewable energy projects is a critical component of an effective and successful project. Although capital expenditure typically makes up the bulk of the costs, the O&M still contributes significantly to the calculation for the levelised cost of electricity. Having an effective O&M strategy can enhance the competitiveness and make the investment case for renewable energy projects.
The nature of O&M services varies between renewable energy technologies; photovoltaic (PV) solar requires a very different scope of services to offshore wind and has different practical challenges to overcome. The key terms will also vary between jurisdictions, and the depth of the market for the provision of such services. As operational renewable projects increase in scale and number, so the O&M industry increases in scale and sophistication.
We consider here some of the key issues in O&M contracts in renewable energy for both the O&M contractor and the project company owning the project. This is neither an exhaustive list, nor will each issue apply to every renewable project.
For many renewable energy projects, just as for conventional power projects, it is common to see a long term O&M Contract, with an O&M contractor, for the operation and maintenance of the facility. A single O&M contractor would provide the full suite of services necessary to operate and maintain the project. The initial
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.