Utility Company Violates Wind Farm Development Contract

ByJohn Lomicky


Updated on April 23, 2019

This case involves a public utility company and a green energy supplier that entered into a contract under which the public utility company committed to making an equity investment into a wind farm the green energy supplier built. The public utility company failed to make the investment, claiming that the green energy supplier failed to meet certain conditions precedent in the contract to the public utility company’s investment, including the delivery of certain legal opinions, the validity of reps and warranties concerning material contracts, and the delivery of various certificates at the closing date. It was alleged that the public utility company refused to close because it was no longer interested in making the investment even though the green energy supplier satisfied these conditions at the closing date. An expert was sought to discuss standard closing protocol and opine as to whether or not the green energy supplier met the conditions.

Question(s) For Expert Witness

1. Do you have extensive experience in drafting and negotiating project finance transaction contracts/documents, particularly for renewable energy projects?

Expert Witness Response E-030332

inline imageI have career experience in the field of renewable energy law. I formerly served as a partner in the global energy transactions and corporate practice groups at an international law firm. I also served as a partner in the corporate and energy practice group at a firm representing a range of commercial, industrial, and financial enterprises. I hold a JD from a prestigious law school, and I currently serve on the board of directors of a center for law and justice. I have published 10+ articles on renewable energy law. I have also been listed as a top 25 clean technology lawyer in my state by a reputable legal publication.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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