Danish Investor engages BOP with the legal optimization of its 40 MWp PV-Portfolio
Our client is a Danish investment company and an international asset manager for solar and wind power plants with a total capacity of approx. 125 MWp. With a peak performance of just shy of 40 MWp, the photovoltaic plants in Germany are the portfolio’s main focus.
Brandhoff Obermüller Partner has been engaged to optimize all legal aspects of our client’s power plant business in Germany. The legal optimization encompasses the review of out-of-court and in-court enforcement of defective performance and warranty claims arising from EPC agreements. The most contentious issue is an energy yield assessment prepared by the general contractor that materially influenced the purchase price amount.
Our partner Stephan A. Richter states: “Providing advice and counsel in English to foreign investors in Germany is a core service we provide to our clients. When representing and enforcing the interests of our clients, expert opinions prepared for a party frequently become a subject of dispute. This situation could be avoided if the parties where to agree to engaging a joint expert from the onset. We also recommend that our clients retain legal experts to represent their interests during the assessment and actively seek and maintain a dialog with the expert. This is the only way that one can ensure that the expert is taking all of the pertinent factors and circumstances into account.”
Brandhoff Obermüller Partner also reviews maintenance and plant management agreements for ineffective provisions. The focus of the review is to identify ineffective agreement terms (duration), liability limitations and other unreasonable or unusual clauses.