Renewable Energy and Power Projects

Paul Berning has applied his expertise in construction law and regulatory matters to assist clients with executing a variety of renewable energy, conventional energy, smart grid and energy conservation projects.
Energy Industry:
For energy developers, project owners, service providers and equipment manufacturers, Mr. Berning helps them address construction law issues, understand construction industry customs and practices, anticipate and manage construction risks, and cope with regulatory requirements. Such assistance guides energy projects through the challenges of design and construction to successful operation.
Contractors, Designers:
Mr. Berning’s knowledge of and experience in the energy industry helps him advise contractors, design professionals and equipment suppliers on the special needs of project owners and developers and on the impact of project financing. He has worked on a variety of renewable energy projects (wind, solar, geothermal, hydroelectric); smart grid systems; energy conservation operations; and fossil projects (natural gas, coal).

Renewable Energy and Power Experience

Mr. Berning has represented:

  • A geothermal power plant owner in defending against contractor claims of wrongful termination for default and for extra work and in pressing claims for completion costs and penalties arising from regulatory violations.
  • A public agency-owner in defending against the general contractor’s claims for extra work, delay and disruption in adding a hydroelectric power plant to an existing dam and in making cross-claims against a design firm and a construction manager.
  • An engineer-procure-construct contractor in defending against delay claims by a power plant owner; making claims for extra work and labor shortages against the owner; and making claims of late delivery and defective equipment against the manufacturer of a major plant component.
  • A gas-fired power plant owner in a dispute with a maintenance contractor over fire damage.
  • An international contractor in regulatory compliance matters involved in construction of solar power plants.
  • A wind turbine manufacturer in a dispute over late and defective work with a tower fabricator.
  • An EPC contractor consortium in making labor shortage claims against a power plant owner.
  • Project owners in review and negotiation of contracts for geothermal energy projects.
  • International and domestic energy conservation, renewable energy equipment manufacturers and technology providers in regulatory compliance matters.
  • The owner of gas-fired power plants in resolution of extra work claims, payment disputes and mechanics liens made by both general and trade contractors on multiple projects.
  • Equipment manufacturers and lessors on the scope of contractor licensing laws.

Mr. Berning has served as an arbitrator in disputes involving wind farm equipment and fabrication of wind turbine towers.