00353 61 501100 info@hdm.ie

Business

SPECIALIST SECTORS

Wind Energy

We have considerable expertise in both wind energy and hydroelectric projects. Our achievements in this field have been recognised by the firm achieving both the Corporate INTL Energy Law Firm of the Year award in Ireland 2015 and the Global Law Experts Energy Law Firm of the Year award in Ireland 2015. We are also advising a number of clients who are actively pursuing solar energy projects.

We are committed to delivering an exceptional service that is relevant to our clients’ needs. Our service is designed to match and, if possible, exceed their expectations. Hogan Dowling McNamara Solicitors offers services to banks, developers, turbine manufacturers, landowners and energy companies.

Services

At Hogan Dowling McNamara we advise on:

  • Banking matters including facility agreements, title, planning and security documents
  • Turbine supply agreements and service and warranty agreements
  • Operation and maintenance agreements
  • REFIT and negotiation of power purchase agreements
  • Grid connection agreements
  • All matters with the Commission for Energy Regulation(CER)
  • Civil and electrical works contracts
  • Option agreements, turbine and substations leases and indemnities (REPS and SFPs)
  • Joint venture and other commercial arrangements between developers, investors and others parties
  • Planning and consent issues prior to and during the development stage
  • Land leases and property issues with adjoining landowners including wayleaves and ESB Leases/land transfers

Experience

Examples of our specific experience in this sector:

  1. In acting for a supplier of gearless wind turbines, we carried out a detailed due diligence on the corporate promoter of the windfarm. This included a review of the promoter’s constitutional documents, corporate capacity, project documents including the grid connection agreement, CER license and REFIT offer letter. We also evaluated the statutory instrument confirming REFIT approval, power purchase agreement, the TSA the EPK (maintenance agreement), wrap-around insurance policies, civil works contract and the project management contract. We drafted all of the relevant security documents including a number of project documents direct agreements. This assignment involved the provision of complex commercial contractual advices and the drafting of bespoke documents.
  2. We were instructed by a community-owned company and dealt with an investment it secured from a BES fund. We negotiated and agreed the terms of the subscription agreement and exit option agreement. We satisfied the turbine suppliers and follow-on lenders due diligence requirements for the construction and financing of the windfarm. In representing the client, we also drafted the relevant option notices, arranged for the relevant lease(s) to be agreed, and executed and exchanged documents. On behalf of the company, we also arranged for registration, negotiated the terms of the security documents including deeds of covenant, direct agreements and a mortgage debenture. In addition, we agreed the terms of deeds of easements with adjoining landowners, to enable the windfarm to be connected to the national grid, and agreed the terms of certificates of compliance with planning, building regulations and other project documents. Once the turbines were erected and commissioned the company’s lender took a full suite of security documents. We arranged for the transfer documents of the sub-station to ESB Networks to be executed and satisfied in line with the ESB’s requirements.
  3. We acted for a leading lender in respect of due diligence, financing and security in this area on a number of successfully completed projects.

Our specialists in this area are:

 

Fergal McNamara
00353 61 501100

Thomas Dowling
00353 61 501100