Energy & Utilities

Energy project development agreements, including power purchase agreements, energy service agreements, and project development contracts. Are among the most complex and highest-value contracts in the industry. When a project developer, utility, or offtaker disputes the terms of a development agreement, the financial consequences can be significant and the legal issues require experienced counsel who understands both the contract and the energy market.

We draft and review power purchase agreements, energy service agreements, and project development contracts that clearly define the rights and obligations of every party. Every agreement is reviewed with an eye toward how it performs not just at signing, but when a project encounters delays, cost overruns, or performance disputes that require legal resolution.

• Power purchase agreement pricing and delivery obligation disputes
• Energy service agreement performance guarantee conflicts
• Offtaker payment default and termination rights
• Force majeure and project delay clause disputes

Energy and utilities businesses operate under a dense web of federal and state regulatory requirements, including FERC regulations, state public utility commission rules, environmental permitting requirements, and local zoning obligations. A regulatory compliance failure or permitting delay can halt a project, trigger significant penalties, and create liability that affects the entire business.

We help energy and utilities businesses understand and meet their regulatory obligations, including FERC requirements, state public utility commission rules, and environmental permitting obligations. Regulatory compliance is an ongoing obligation in the energy industry, and we support businesses through every regulatory change, permit application, and compliance review that affects their operations.

• FERC compliance and market rules violations
• State public utility commission permit application disputes
• Environmental permit compliance gaps and violation defense
• Local zoning and land use approval delays

Energy projects are frequently developed through joint ventures and partnerships that bring together multiple investors, developers, and operators. When joint venture partners disagree about project decisions, cost allocations, or exit rights, the governing documents and course of conduct both become relevant. Without clear joint venture agreements, these disputes can derail projects and destroy significant value.

We draft joint venture and partnership agreements for energy projects that clearly define decision-making authority, cost allocation, profit distribution, and exit provisions. Getting the joint venture structure right from the beginning is one of the most important legal decisions in energy project development, and one of the most commonly deferred until a dispute forces the issue.

• Project decision-making deadlock between joint venture partners
• Cost allocation and capital contribution disputes
• Exit right and buyout valuation disagreements
• Profit distribution and waterfall provision disputes

Energy projects depend on access to land, through ownership, easements, or rights of way. Disputes over easement terms, land use restrictions, and property access rights are common in the energy industry and can halt project development entirely. Managing these issues through strong easement agreements and proactive legal counsel is essential to keeping projects on track.

We draft and negotiate easement agreements and rights of way for energy projects. Clearly defining access rights, compensation terms, and restoration obligations. When land use disputes arise, we assess the agreement, identify leverage, and pursue the most efficient resolution to keep the project on track and on schedule.

• Easement access disputes blocking project site access
• Right of way compensation and condemnation disputes
• Land use restriction conflicts with project development plans
• Restoration obligation disagreements at project completion

Engineering, procurement, and construction contracts for energy projects are among the most complex and highest-value construction contracts in any industry. Disputes over project timelines, scope changes, performance guarantees, and liquidated damages are common, and the financial exposure from a single EPC dispute can be significant enough to affect the project's financial viability.

We draft and review EPC contracts for energy projects, addressing scope, timeline, performance guarantees, change order procedures, and liquidated damages. When EPC disputes arise, we represent project owners and contractors in negotiations, arbitration, and litigation to pursue the most efficient resolution of complex construction claims.

• Project timeline delays and liquidated damages disputes
• Performance guarantee failures and testing disputes
• Change order scope and pricing disagreements
• EPC contractor default and completion bond claims

Energy and utilities businesses face significant environmental liability exposure, including cleanup obligations, permit violations, and third-party claims arising from environmental impacts. Managing environmental liability requires proactive compliance programs, strong indemnification clauses in project agreements, and experienced legal counsel who understands both the regulatory framework and the practical business implications.

We help energy and utilities businesses build the environmental compliance programs and contractual protections that reduce liability exposure, and when environmental claims arise, we assess the exposure, coordinate with regulators, and pursue the most efficient path to resolution.

• Environmental permit violation defense and penalty reduction
• Cleanup obligation and remediation cost disputes
• Third-party environmental impact claims
• Environmental indemnification gaps in project agreements

Energy and utilities businesses need legal counsel who understands the project development agreement structure, the regulatory compliance environment, and the joint venture and EPC contract dynamics that define the industry. Pomeranz Law provides practical, business-focused legal counsel that understands how energy projects are developed and what they need to stay protected through every phase.

• We understand the PPA, regulatory, joint venture, and EPC contract dynamics unique to energy and utilities businesses
• We draft project development agreements that protect the business when a partner, offtaker, or contractor fails to perform
• We pursue land use and easement disputes efficiently, before a delay affects the project's timeline and financial viability
• Transparent, practical counsel without the overhead of a large firm