The West Firm, PLLCThe West Firm, PLLC2024-03-19T15:29:38Zhttps://www.westfirmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502451/2021/08/cropped-Westfirm-Favicon-min-32x32.jpgOn Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=469032024-03-14T09:17:57Z2024-03-19T15:29:38ZCompanies receive contracts for offshore wind projects
Two companies – one based in Denmark and the other in Norway – received conditional contracts to provide energy to New York through offshore wind projects. As the state is trying to expand its clean energy base, it has encountered rough terrain including ballooning costs. This project, when it is completed, will provide electricity for as many as a million homes. It will be the biggest project in the energy generation sector in almost 40 years.
There were concerns about the bidding for the project as companies were granted the right to leave previous agreements and charge more for new projects. Various issues have slowed offshore clean energy because of economic factors like rising construction costs, problems with supply chains and interest rate increases.
The two companies saw financial losses in previous offshore wind projects and wanted to raise costs to customers. New York officials said no, but did let the companies give new bids. The state wants to encourage companies providing renewable energy to invest in the state and to try and fight back against climate change with these projects. The terms are still under negotiation, but are expected to be completed later this year. When it is finished, the project is expected to be the largest in the nation.
Addressing the complexities of energy law requires guidance
There are multiple angles with these types of energy projects and all require a firm understanding of energy law. The companies had contracts that they extricated themselves from to make new bids. The state resisted attempts to charge more for energy.
Given the litany of legal issues that need to be navigated with these ambitious projects and the number of challenges that inevitably arise, it is important for companies to understand the intricacies of energy law. This can be critical to achieving their goals efficiently.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=469022024-02-28T04:43:30Z2024-03-04T15:11:15Zretail energy agreement states the terms that govern how energy service will be delivered to your business.
Basic agreement terms
Although the terms of each retail energy agreement are unique, there are some common elements found in all agreements. Some of these include:
Contract length
List of accounts
Price or rate
Most retail energy agreements contain information about the length of the contract. Your contract should have start and end dates, as well as language about what happens after the end date if you want to continue the contract.
The agreement typically includes a list of all utility accounts that the energy supplier serves. Each account should be individually listed with its specific service address to avoid confusion.
The price or rate for electricity is another piece of information generally included in retail energy agreements.
Fixed or variable rates
You will likely be asked to select between a fixed-rate or variable-rate energy agreement. A fixed-rate agreement locks in the price while your price changes based on demand in a variable-rate agreement.
Depending on the size of your business, a hybrid energy plan might be best. This plan alternates between a fixed-rate and variable-rate.
With this type of agreement, you can choose to use a fixed-rate when the energy market is unpredictable and a variable-rate when it is stable. This agreement is usually a better choice if you are running a large business and spending a significant amount of money on energy.
There are several other clauses that you may add to your retail energy agreement, such as a swing clause. This is language that states how much or little energy you may use and still pay the same rate.
While this overview should be helpful before entering into your agreement, it is usually best to have it reviewed before signing.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=469012024-02-12T06:11:31Z2024-02-15T17:52:07ZInspection report
An inspection report can provide you with details about the property’s condition. There are some items that are especially important to understand, because they can be costly to repair or replace after the sale and could pose a safety hazard.
The inspector will check for signs of structural damage, especially damage to the foundation or walls that could cause instability. They may also determine the condition of the roof, including whether it leaks or if shingles need to be replaced. Water damage can cause mold, which can be very dangerous if it is not remediated.
The report can also tell you if there is a problem with the plumbing and electrical systems, the heating, cooling and ventilation, and whether the home has appropriate insulation. If it is not already part of the inspection, you may want to ask the inspector to look for signs of pest or termite infestation.
Addressing discovered issues
If there is an issue that needs to be fixed before closing, you may want to check the contract to determine if the seller will pay for it. If they won’t, there may be an option to terminate the transaction or instead, request a price reduction.
Material issues could cancel the purchase agreement as well. These are issues that could pose a serious safety risk or significantly impact the property’s value.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468992024-01-30T07:22:11Z2024-02-02T07:21:55Zyou can negotiate the terms of a commercial lease. This is not usually an option with a residential lease, where you must “take it or leave it.”
Negotiating a commercial lease for the first time can be daunting, but these tips can help.
Know your business inside and out, particularly your financial picture. One of the worst scenarios you can find yourself in is being stuck with many years left on a commercial lease and becoming unable to afford the payments.
Learn and understand the different real estate terms
Unless your business is a real estate business, chances are, you are not educated on real estate terminology. This is understandable, but property owners might try to take advantage of this.
Study real estate terminology and become familiar with the basic terms included in commercial leases. Learn about what added costs you could be responsible for, such as utilities, taxes or insurance and understand to spot these clauses in the lease.
There are also different types of commercial leases, such as gross leases, net leases or absolute NNN leases. Learn about each type of lease and determine which one works best for your situation.
Negotiating the rent
Research comparable rents in the area. Have these numbers ready when it is time to negotiate rent.
Additionally, try to negotiate a rent cap into the lease. This helps you avoid a rent increase that you cannot afford that could jeopardize your business. You can negotiate other costs, as well, such as your security deposit.
Overall, remember that a commercial lease is a long-term investment. Making every decision with this in mind will help you to make a smart decision and help ensure the continued success of your business.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468962024-01-18T08:30:28Z2024-01-23T08:30:00ZArticle 78 proceeding
For those unfamiliar with Article 78 proceedings, these are lawsuits that are primarily used to challenge an action or inaction by a New York State agency and local governments. Additionally, they can also be filed against judges, tribunals, boards as well as private companies that are established based on statutory authority.
At The West Law Firm, PLLC, our legal team understands the complexities an Article 78 proceeding can bring to individuals and businesses. Thus, our attorneys use their specialized knowledge to guide our clients through the process.
Potential arguments
There are various arguments that could be raised; however, your options with an Article 78 proceeding are dependent on your specific situation. One argument is that the agency did not follow its own rules when making your decision. Another argument is that the decision was arbitrary and capricious, which means that the decision made was not reasonably related to the facts of the matter. You could also argue that the decision was not supported by substantial evidence.
Even if it feels like the court will decide in favor of the agency, this should not deter you from doing something when you believe that the decision was wrong. You have legal rights and there are steps you can take to ensure your rights are protected. A legal professional could help you better understand these rights and options, helping to ensure you can make a timely and well-informed decision for your matter.
]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468952024-01-08T05:03:59Z2024-01-11T22:20:44Zzoning laws in an effort to reach environmental goals on a bigger scale. New zoning regulations in New York City are intended to tackle the huge problem of global warming.
"City of Yes" initiative
New York's city council recently approved a package of changes to the city's zoning code that are designed to help the city greatly reduce its greenhouse gas emissions by 2050. The package, known as the "City of Yes" initiative, allows for new, environmentally-minded, uses for existing spaces.
One of these changes will allow for the construction of solar power-generating canopies over 8.500 acres of parking lots. Proponents say this will mean generating enough energy to power 130,000 homes or more.
The "City of Yes" changes also include allowances for the construction of solar panels on rooftops and other areas, as well as charging stations for electric vehicles.
News reports about the "City of Yes" initiative did not identify when such construction might begin, nor who would pay for it.
Proponents say they want the initiative to serve as a model for other cities.
Opportunities and risks
New initiatives like this one have the potential to do a lot of good for the public, and they can also create great opportunities for businesses. However, they can also pose risks and lead to unintended consequences.
Businesses can rely on professional advice about zoning issues and how they relate to the environment.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468922023-12-18T06:28:14Z2023-12-21T06:27:26ZExamination of the value of the property
Upon sending the LOI, negotiations begin and a thorough examination of the property takes place. This due diligence phase involves a detailed investigation to confirm the condition, value and legal status of the property.
Key activities during this phase include:
Title searches
Surveys
Zoning assessments
Environmental and engineering evaluations
Reviews of leases and other contracts
Physical inspections of the property (plumbing and electrical work)
When drafting an LOI, it must outline the specifics of how the seller can conduct the due diligence process. This involves detailing the necessary investigations, setting the timeframe for these and defining the seller's role in facilitating the process.
Avoiding common pitfalls in the process
Successfully navigating the due diligence process can be challenging, especially for complex or large-scale properties. To ensure a smooth journey, it may be best to start the process as early as possible and maintain open communication with the seller. If the findings from due diligence are satisfactory, buyers can proceed to draft a purchase and sale agreement.
Finalizing the deal
Due diligence is an important step in commercial real estate transactions. It uncovers hidden risks and potential issues, enabling buyers to avoid unexpected costs and protect their interests. Plus, it forms the basis for the purchase and sale agreement. However, it's crucial to remember that some terms not covered in the LOI may be negotiated during the final agreement stage as most parts of the document are not legally binding. Nevertheless, buyers should consult with a lawyer experienced in real estate law to avoid working through the process without guidance and making a crucial error.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468912023-12-06T06:18:55Z2023-12-11T06:18:23ZIdentifying the pros and cons
Below are some of the advantages of purchasing electricity through a PPA:
It provides a fixed price for electricity over the term of the contract.
It allows you to purchase renewable energy. This is useful if you are inclined to reduce your carbon footprint and contribute to a more sustainable future.
It provides long-term predictability and stability for your energy costs, which can help you plan and invest in your site's operations.
It offers potential for cost savings, depending on the terms of the PPA.
However, this approach also has its own share of drawbacks:
It is a long-term contract, typically ranging from 5 to 20 years.
Once you enter into a PPA, you may have limited flexibility to change your energy usage or switch to a different energy provider.
The generator may experience technical issues or failures that can impact the supply of electricity, which can be a risk for the purchaser.
The price of renewable energy can be volatile, and the price of electricity under a PPA may fluctuate over the term of the contract.
There are several alternatives to a PPA that a site owner or manager may consider when looking to purchase electricity. Here are a few options:
Purchase electricity from a traditional utility provider under a standard retail contract
Energy management contract
Energy aggregation
On-site generation of renewable energy systems, such as solar panels or wind turbines, at the site itself
Green tariff, a special electricity rate offered by some utility providers that allows customers to purchase renewable energy at a fixed price.
It is important to note that each option has its own pros and cons, and the best one for a site will depend on its specific energy needs, budget and goals. But a PPA can be a good choice if you are looking to purchase renewable energy at a fixed price over a long period of time. It may be helpful to consult with an energy expert or lawyer to fully understand the terms and implications of a PPA and your other options before deciding.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468412023-11-28T10:18:28Z2023-12-01T10:18:13ZNumerous laws can impact real property sellers and buyers, including the Fair Housing Act and New York City Human Rights Law. These regulations also apply to other parties, such as lenders, when granting mortgages. They exist to accomplish the following:
Maintaining impartiality in the housing market
Giving buyers opportunities to choose where to purchase real estate based on their financial capacities
Protecting vulnerable groups from discrimination when seeking housing and financing opportunities
Additionally, these policies can apply if a lender or property owner includes discriminatory terms and conditions to expedite a sale or rental. Regulations could also apply when an owner or lender denies an application unreasonably. Ultimately, the relevance of these policies could depend on the circumstances. There are also exceptions, but they often apply on a case-to-case basis.
Complying with real estate transfer regulations
Buying, selling, and renting property can be challenging feats. Aside from going through paperwork and doing due diligence, completing all requirements in compliance with applicable policies is vital. Failing to follow restrictions properly can lead to issues later, potentially resulting in costs accompanying resolution procedures.
Before initiating any real estate transaction, it could be beneficial to seek legal counsel first. Doing so can help determine any restrictions that may apply when navigating the process and completing requirements.]]>On Behalf of The West Firm, PLLChttps://www.westfirmlaw.com/?p=468392023-11-20T04:33:54Z2023-11-23T15:04:55Zenvironmental law issue.
Environmental law matters
The West Law Firm, PLLC has a vast experience with environmental laws, and their attorneys are equipped with the knowledge and expertise to address your issues. Our law firm takes on a full spectrum of the matter, ensuring that any current or potential issues are incorporated with our legal strategy.
Whether you are a company that needs to be in compliance with environmental laws or are in environmental practices, including waste management, pesticide industry, power facilities, solar developers and the like, our law firm can help you address your concerns. Our goal is to meet your needs and ensure your rights and options are understood protected every step of the way.
Taking proactive measures
One does not need to have an environmental law issue present to take action. For new and upcoming projects, a legal professional could pinpoint potential issues and obstacles. This could help resolve the matter even before it becomes an issue.
Environmental law matters can be complex, which is why it is beneficial to have an experienced legal professional to inform you and guide you. This protects you and your company whether it is just starting out or has been in business for decades.]]>