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International Construction Law Review

CONSTRUCTION CONTRACTS FOR OFFSHORE WIND FARMS

RALPH BUSCH

Rechtsanwalt, Counsel, White & Case LLP, Düsseldorf 1

I. INTRODUCTION

Germany, the Netherlands, the UK and France pursue ambitious aims in the field of offshore wind as a tool to fulfil their climate targets, with the German government seeing it even as a cornerstone of the ongoing conversion of Europe’s biggest economy to run mainly on renewable energy. Such emphasis on offshore wind power is based on good reasons: there is not only more space offshore than onshore, where many conflicting interests, such as the sensibilities of adjacent residents and the impact on landscape, need to be considered, but sponsors can also expect significantly higher energy yields and revenues, since winds blow more consistently, allowing an annual average of about 4,000 full load hours2.
But as always, this comes at a price, here being substantially higher costs and risks than onshore. Major challenges are that the offshore wind industry, particularly in deep waters, is still more or less in its infancy and that the construction risks discourage, and will for the foreseeable future discourage, construction companies in offering turnkey solutions. A sponsor who is prepared to invest in offshore wind projects will always see a good chance that such higher costs and risks will, in the long run, be amortised once an offshore wind farm has entered into (stable) operation. They are, however, a heavy burden for (project) financing. Sponsors, lenders and contractors should, therefore, understand intimately the risks associated with the construction of offshore wind farms within a multi-contracting structure and accelerate the pace of learning from previous experience3.
This article seeks to make a contribution to such better understanding by offering (i) a more detailed overview over the specific risks of offshore


Pt 4] Construction Contracts for Offshore Wind Farms

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