Energy and Utilities Matters

• Arbitrated a dispute between a solar panel manufacturer/distributor and solar power plant construction firm including claims and counterclaims relating to a potential bonus payment, delay liquidated damages, unpaid invoices, claims for alleged overcharges on tariffs.
• Arbitrated breach of contract claims by the developer which had acquired the rights, titles, licenses and interconnection agreements required for a solar project and sold the project through a Membership Interest Purchase Agreement to the buyer to perform the development and planned buildout of a solar energy generating facility and failed to make specific contractual milestone payments to the seller, resulting in breach of contract and breach of the covenant od good faith and fair dealing.
• Arbitrated breach of contract claims by the seller of a Membership Interest Purchase Agreement against the buyer regarding the development of a solar energy generating facility.
• Mediated dispute between parties in a solar energy development involving multiple breaches of contract involving a Membership Interest Purchase Agreement relating to a number of solar project development companies.
• Arbitrated claim brought by solar energy customer regarding effectiveness of solar power battery system and inverter.
• Arbitrated a dispute between a solar power plant developer and a solar power plant producer over pricing terms on thirty Membership Interest Purchase Agreement projects and whether the developer would become the EPC contractor on several projects.
• Mediated construction contract dispute involving terminated contract for installation of solar roof on industrial facility, and disputes regarding compensable labor and materials termination charges incurred by construction company.
• Arbitrated a dispute between a solar panel manufacturer/distributor and solar power plant construction firm over penalty payments for delayed deliveries.
• Arbitrated two separate payment disputes between solar project development companies and builder/operator solar companies that sell electricity to the local electric utility. These disputes arose from completion and pricing issues in Membership Interest Purchase Agreements in which the builder/operators acquire the solar projects after interconnection agreements have been finalized with the local electric utility.
• Arbitrated a dispute between a Dealer and a Supplier concerning a channel partner agreement whereby the Dealer would generate solar installation contracts in a defined territory and provide them to the Supplier for installation, in exchange for a commission. The dispute focused on alleged violation of exclusive dealing and non-solicitation agreements by the Dealer leading to the Supplier withholding commissions payable to the Dealer.
• Handled a breach of contract and fraud matter between a U.S. subsidiary of a Chinese solar panel manufacturer and an infrastructure lender relating to the development, construction and sale of two solar power plants for $18 million, with the dispute focused on the validity and meaning of a post purchase price adjustment formula tied to Libor.
• Handled several breach of contract claims involving several solar panel manufacturers relating to solar power plant projects around the United States that had been terminated or otherwise not completed for a variety of reasons, with competing claims.
• Handled a matter concerning to the final contract price of a solar power project transaction, with allegations regarding various product defects in the solar panels.
• Handled a matter involving improper payments by silicone foam subcontractors to employees of an electrical contractor during nuclear power plant construction.
• Handled a matter involving improper payments by subcontractors to officers of a fire protection system contractor during nuclear power plant construction.
• Handled a matter involving improper payments provided to a power company deputy business manager by an electrical contractor and one of its officers during nuclear power plant construction.
• Handled a Sherman § 1 antitrust matter relating to a bid-rigging conspiracy among electrical contractors on multiple nuclear power plants during construction.​
• Handled a bondholder class action securities matter involving an electric utility and the indenture trustee of first mortgage bonds on a nuclear power plant complex arising out of the redemption of the bonds at par value which the bondholders claimed should have been redeemed at a premium.
• Handled a coal supply contract dispute between the four co-owners of a coal fired electric power plant and a coal company concerning includable costs in a coal supply agreement arising from a large coal mine.

​