Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Case Results

Based on our recently accumulated litigation database, we provide customized solutions based on a thoroughly analyzed litigation database.

Project finance lawyer | Legal Structuring for Utility Scale Solar PF Project



A Project finance lawyer is often engaged when a client faces complex, multi layered legal issues related to securing funding for a major energy development. 

 

In this case, the client sought to build a large scale solar power plant in New York and required a sophisticated project financing structure involving lenders, regulatory authorities, and multiple contractual stakeholders. 

 

A Project finance lawyer was responsible for reviewing permits, negotiating with financial institutions, forming the SPC, and ensuring that the entire legal foundation for the project complied with New York’s statutory requirements.


Given the scale and regulatory sensitivity of renewable energy projects, the project finance lawyer provided comprehensive advisory services to mitigate risk and support long term project viability.

contents


1. Project finance lawyer New York | Structuring the Solar Development Framework


Project finance lawyer Structuring the Solar Development Framework

 

 

A Project finance lawyer in New York must first identify all legal, financial, and regulatory risks that could affect the viability of a solar project. 

 

For this client, detailed due diligence was required to understand the feasibility of land use, environmental compliance, and interconnection requirements. 

 

Additionally, the project finance lawyer had to anticipate risks in lender negotiations and ensure that all contractual components aligned with New York energy regulations.



Initial feasibility review and project finance lawyer due diligence


A project finance lawyer conducted an early stage feasibility review to assess whether the client’s intended solar site met New York land use and zoning requirements.

 

 The review included examining environmental impact statements, interconnection queue status, and local permitting restrictions. 

 

During due diligence, the project finance lawyer also evaluated the client’s proposed EPC contractor qualifications and financial capability. 

 

These steps helped prevent delays during financing negotiations.



Regulatory mapping and licensing strategy


The project finance lawyer created a full regulatory roadmap for permitting, including SEQRA compliance, local zoning approvals, and state level renewable energy registrations. 

 

This roadmap allowed the client to anticipate statutory deadlines and avoid penalties under New York environmental regulations. 

 

The project finance lawyer  also ensured that all licensing documentation for project ownership and SPC formation met state filing requirements.



2. Project finance lawyer New York | Financing Architecture & Lender Coordination


A project finance lawyer is essential in coordinating financing discussions with banks, private equity funds, or green energy lenders. 

 

In this case, the financing structure required a layered approach, including senior debt, mezzanine financing, and potential tax equity components. 

 

The project finance lawyer worked to align lender requirements with New York law while safeguarding the client’s long term ownership interests.



Negotiating loan documents with PF related protections


The Project finance lawyer negotiated key agreements such as the credit facility, security agreements, pledge agreements, and intercreditor arrangements. 

 

Special attention was given to New York UCC Article 9 requirements to ensure that security interests in project assets were properly perfected. 

 

The Project finance lawyer also negotiated lender covenants to avoid overly restrictive obligations that could hinder project operations or lead to premature default.



Risk allocation and bankability enhancement


To increase project bankability, the project finance lawyer strengthened the project’s contractual risk allocation. 

 

This included reviewing EPC agreements for liquidated damages clauses, verifying long term warranties for solar modules, and requiring performance bonds. 

 

The project finance lawyer also ensured that lender step in rights complied with New York energy regulations while respecting the client’s commercial goals.



3. Project finance lawyer New York | SPC Formation and Asset Protection


Project finance lawyer SPC Formation and Asset Protection

 

 

 

Creating a special purpose company (SPC) is essential to isolating project risk. 

 

A Project finance lawyer drafted and filed all incorporation documents pursuant to New York Business Corporation Law and ensured that the SPC satisfied bankruptcy remote requirements. 

 

Proper SPC structuring helps shield the parent entity from project level liabilities.



Drafting corporate governance and equity structure


The Project finance lawyer designed governance rules specifying the rights of shareholders, reserved matters, and decision making thresholds. 

 

These provisions were critical to preventing internal disputes during the project’s financing and construction phases. 

 

The Project finance lawyer also ensured that equity contribution obligations were clearly defined so lenders could verify capital adequacy.



Ensuring compliance with New York asset transfer and lien laws


SPC formation required strict compliance with transfer restrictions, UCC lien filings, and regulations governing the assignment of project rights. 

 

The Project finance lawyer secured consents for land use rights, interconnection contracts, and material supply agreements. 

 

These steps ensured that the client could legally transfer interests to lenders without violating state regulations.



4. Project finance lawyer New York | Comprehensive Permit and Contract Review


New York renewable energy projects involve significant oversight, so all permits and approvals must be carefully reviewed. 

 

A Project finance lawyer analyzed every contractual obligation, including EPC contracts, O&M agreements, and power purchase agreements, to ensure that terms were enforceable and commercially reasonable.



Permit validation and statutory compliance check


The Project finance lawyer verified that all applications including environmental permits, grid connection approvals, and zoning clearances were within statutory timeframes. 

 

This review prevented delays that could jeopardize financial close.

 

The Project finance lawyer also prepared contingency filings to ensure continuous compliance.



Reviewing commercial agreements for long term stability


The Project finance lawyer reviewed and negotiated long term PPAs and O&M contracts to ensure that pricing formulas, delivery obligations, and termination rights aligned with lender expectations. 

 

The Project finance lawyer ensured that contractual terms complied with New York contract law standards and were robust enough to support 20  to 25 year project lifecycles.


20 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone