Our photovoltaic consultancy services

Our interdisciplinary team of lawyers advises solar energy investors, project developers, system operators, suppliers, municipal utilities, large-scale energy companies (private and municipal companies), private and public property owners and renewable energy communities. We particularly support those clients in the set-up, operation, procurement and resale of photovoltaic systems and therefore across the entire project life cycle.

Photovoltaic projects are time consuming, expensive and complex. In many cases, rather than having just two or three contractual partners, there are multiple parties involved, and it is important to anticipate, coordinate, align and implement their expectations and legal requirements. This challenging labyrinth of interests and requirements can only be navigated by adept and experienced consultants who understand what counts.

We are familiar with site bidding procedures, approval and planning procedures, site acquisition issues, utilisation and land use agreements, solar park construction, operating company structures, direct marketing contracts, collateral pools and finance agreements, including support during negotiations, the acquisition and sale of solar parks, legal due diligence and risk assessment, as well as the drafting of the necessary contracts.

We have experience of photovoltaic projects on open spaces and PV systems on building roofs. We advise PV system operators in connection with defects or sub-optimal output and assert their rights under supply and maintenance agreements with system manufacturers both in and out of court. We also liaise with the insurer in advance on warranty issues that may not be covered by a full-maintenance contract in order to identify potential risks.

In addition to that we have been advising both national and international systems engineering contractors and their customers for more than 20 years. We not only support our clients in the pre-project preparatory phase, but also in the project implementation phase – from contract design, through negotiations with contract partners to contract implementation and dispute handling.

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We specialise in the following areas:

Environmental and planning law

  • Advice on building and regional planning law
  • Support in immission control approval procedures
  • Monitoring of expert reports (FFH Directive, Bird Protection Directive)
  • Legal representation in administrative court proceedings

Construction law

  • Land acquisition for access roads and cables
  • License agreements and rights in rem
  • General contractor agreement
  • Rehabilitation obligations
  • Representation in legal proceedings

Corporate law and M&A

  • Corporate law structuring
  • Design of limited partnership models with operating and holding companies or pure stock corporations or private partnership models for cable lines and substations
  • Joint ventures and cooperation agreements
  • Transactions (acquisition and sale of solar parks and solar park projects in all development stages)
  • Due diligence
  • Financing
  • Involvement of renewable energy communities

Public procurement & subsidy law

  • Support of (particularly public) property owners in the design of bidding processes (e.g. for municipal woodland areas)
  • Support to bidders in the bidding process for preferential sites and in tenders for renewable energy and cogeneration installations
  • Advice and contract drafting in subsidy-related matters
  • Review of state aid under German and EU law

Energy law

  • Grid connection
  • Connection type, use and costs
  • Compensation claims under the German Renewable Energy Sources Act (EEG) and direct marketing
  • Power Purchase Agreements (PPAs)
  • Use of renewable energies in buildings

Large-scale undertakings and investment projects

  • EPC/turnkey contracts
  • Project agreements
  • Outsourcing
  • Joint venture contracts, technology transfer

General contract and commercial law

  • Design and negotiation of (inter)national contracts
  • Contract-related disputes: Defence against claims and pursuit of own rights
    • Liability for defects
    • Default/contractual penalties
    • Product liability

  • Legal support in project and order execution

Product liability and product safety

  • Defect and product liability cases, serial damages and field campaigns
  • Product safety law, support and coordination of dealings with authorities
  • Insurance law processes and advice
  • Liability prevention training, securing and handling claims

Bankruptcy law

  • Preventive insolvency insurance, crisis consulting
  • Reorganisation and going concern strategies
  • Advice to insolvency creditors and creditors with rights of separation
  • Defence against pre-insolvency transaction challenges

National and international marketing law

  • Sales agent and brokerage agreements
  • Defence against and assertion of compensation claims
  • International distribution systems
  • Distribution law compliance

Notary services

  • Design, notarial authentication and execution of property purchase agreements
  • Legal protection of financing
  • Drafting and notarial authentication of all necessary contracts for building owners, such as partition deeds, easement agreements etc.

Other specialisations

  • Foreign trade law
  • Transport law
  • Repowering