You think you're about to be a hero by entering into an Energy Savings Agreement to fund improvements based on future savings. Your law firm has reviewed the contracts and your engineers have signed off. What can go wrong? Actually, quite a bit. Unless you have spent years in performance contracting, you are not prepared. In fact, very few law firms or engineering firms have handled enough performance contracts to avoid pitfalls. If you are a building owner/ manager, it's unlikely you have made it a priority to study performance contracting legal language. Moreover, you are at a disadvantage compared to the folks on the other side of the table, who develop and execute contracts year-round.
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