Avoiding Disputes Down the Road: The Top 10 Problems With Landfill Gas Contracts

摘要

Everyone in the landfill gas (LFG) industry knows that contracts are a necessary evil. The parties understandably focus on the engineering aspects of the design, how many wells and engines to install, how to increase or extend gas production, how the gas production translates into revenue, the status of carbon credits or RECs, or any number of benefits that will result from a successful project. Contracts, however, serve not only to define the rights and obligations of the parties in performing the project, but they also serve to clarify the responsibilities of the parties if something goes wrong. This paper highlights 10 of the key problems that arise in performing under an LFG contract and offers some sample contract provisions to help avoid them.