Kenneth B. Weiner

My focus

I focus my practice primarily on the development, construction, and finance of infrastructure projects, with an emphasis on energy projects, including conventional fossil fuel and renewable energy generation facilities and transmission assets. 

Construction Contracting

As a licensed professional engineer, my construction practice includes drafting and negotiating engineering, procurement and construction (EPC) agreements and equipment supply agreements, including turbine supply agreements, for a wide range of energy and infrastructure projects. I regularly represent both owners and contractors as well as advise lenders and equity investors in connection with due diligence investigations. My experience working for 10 years as an engineer in construction and design offices has given me a unique understanding of the risk/reward tolerances of owners, contractors and suppliers. I have found this to be an invaluable asset in negotiating construction and related agreements and crafting documents that can protect my client while still addressing what I understand are real concerns for the counterparty.

Project Development

I also represent owners in connection with the drafting and negotiation of power sales agreements and both owners and operators in connection with operation and maintenance (O&M) agreements for generation and transmission facilities. My renewable energy work includes the drafting and negotiation of renewable energy credit purchase and sale agreements and net metering credit sale agreements.

International Project Development

Internationally, I have represented developers of private power projects in developing countries and governments and government-owned utilities in connection with privatization and new independent power projects. I’ve provided counsel on energy projects and related matters in Philippines, Pakistan, India, Kyrghyzstan, Nigeria, Guatemala, Guam, Jamaica, Indonesia, Malaysia, Oman, Canada, Costa Rica, Dominican Republic, Nicaragua, Colombia and Honduras.

Previous work

I am a licensed professional engineer, and prior to practicing law, I practiced civil engineering for ten years, specializing in soil mechanics and foundations engineering.

Representative experience

• Developer of Renewable Natural Gas Projects: Represented a leading developer of anaerobic digester facilities in the drafting and negotiation of EPC, O&M, and fuel cell agreements for the production of renewable natural gas from organic waste
• Solar Developer: Advised a solar developer in the Midwest on project development agreements for utility scale solar projects
• Electric Component Manufacturer: Assisted an international manufacturer of electrical components in the negotiation and drafting of solar power purchase agreements for rooftop facilities at its Philippine manufacturing facilities
• RNG Facility Operator: Advised an operator of RNG facilities in connection with an O&M Agreement for the operation of 42 manure-based RNG facilities
• General Contractor: Advised EPC contractor in connection with a balance of plant EPC agreement for a 20 MW fuel cell project in Connecticut
• University: Represented a major university in the negotiation of a virtual power purchase agreement for a 20 MW solar project in New Hampshire

Looking ahead

Climate change is the most pressing challenge facing the world today. Migrating our national energy production to clean renewable energy and developing energy storage capacity will be increasingly  vital to meeting this challenge. Our role will be to help our clients navigate the uncertainties of federal and state energy policies and develop clean energy that makes sense, environmentally and economically.  

Insights

• Co-author of International Project Finance, 4th Edition (Juris Publishing) (2011).