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Delivering a Quality Performance Contract and Energy Efficiency Project
NAESCO is pleased to present this exciting new webinar series in conjunction with the law firm of Leonard, Street and Deinard and the consulting company MesaPoint Energy.
Both firms have significant industry expertise and are well qualified to present these panel discussions focusing on best practices to avoid misunderstandings and alleviate customer concerns, to overcome common contractual challenges, to mitigate project risk, and to avoid, and resolve disputes successfully. Our presenters will provide insights on how applicable laws, industry standards and practices may become traps for the unwary. A question-and-answer session will follow each webinar.
Webinar installments will be complete in themselves. Each webinar will begin at 12 noon eastern and will last 75 minutes.
Session 1: Tuesday, October 11, 2011
Preparing and Implementing Effective Contracts and M&V Plans
Disputes often arise out of misunderstandings by customers over the scope of the project and the allocation of risks, costs and responsibilities set forth in the contract and M&V plan. Given the length of the performance period for most energy efficiency projects, issues may not become apparent until after energy conservation measures are installed and operational. This webinar session focuses on ways to develop clear and integrated contracts, M&V plans and strategies for working productively with customers. It will also explore methods for monitoring and ensuring compliance with the contract and M&V plan.
Session 2: Tuesday, November 8, 2011
The Use of Assumptions and Stipulations in an M&V Plan Assumptions and stipulations are commonly used in performance contracting. They can significantly reduce the costs, risks, and uncertainty surrounding measurement and verification. If used incorrectly, they can lead to disputes and misperceptions about the savings associated with a project. This session discusses the benefits and risks of using assumptions and stipulations, circumstances under which they are proper and defensible, and tips for utilizing them effectively in an M&V plan.
Session 3: Tuesday, December 13, 2011
Tracking, and Accounting for, Changes During the Performance Period
The size and use of buildings and infrastructure typically change during the guarantee period. These changes can significantly affect the customer’s energy consumption. Monitoring and adjusting for changes are critical components of a successful M&V plan. Both the owner and the energy services company must be diligent to avoid overlooking material changes. This session focuses on techniques to help energy services companies recognize changes and make appropriate adjustments.
Session 4: Tuesday, January 10, 2012
Operational Savings and Capital Cost Avoidance
Accounting for operational savings and capital cost avoidance can be a useful way to broaden an energy efficiency project and meet infrastructure needs and financial constraints of the owner. However, inclusion of operational savings and capital cost avoidance in a performance contract can create significant risks if not handled properly. This session explores different types of operational savings and capital cost avoidance and circumstances under which they may be included in a performance contract. The panel will also provide guidance on identifying opportunities for operational cost savings and capital cost avoidance and incorporating these savings into a contract and M&V plan.
Session 5: Tuesday, February 14, 2012
Specialized Topics in Performance Contracting—(i) New Construction, (ii) Revenue Enhancements and Improved Metering Technology and (iii) Water Savings
There are instances where specialized projects may be implemented and financed through a performance contract. This session analyzes three categories of specialized retrofits and how they fit into the evolving landscape of the implementation of comprehensive energy efficiency projects.
Panelists
James Bradford
Founder
MesaPoint Energy
 Dr. Bradford has more than 21 years of experience in performance contracting; system metering and monitoring; system modeling and simulation; energy efficiency project development; and the use and evaluation of engineering algorithms and techniques. He provides primary client contact, technical direction, project management, and oversight for numerous projects. He has substantial expertise in the design and commissioning of HVAC systems, monitoring of commercial and industrial energy using systems, modeling and simulation of residential, commercial and industrial energy-using systems and the development, use, and evaluation of engineering algorithms and techniques. He has designed and overseen the implementation of numerous energy performance-contract and performance measurement and verification programs for both public and private entities. Dr. Bradford is a contributing author to the Federal Energy Management Program M&V Guidelines. Dr. Bradford holds a Ph.D. and an M.S. in Civil, Environmental, and Architectural Engineering from the University of Colorado and a B.S. in Mechanical Engineering from Montana State University.
 Steve Lindemann is the chair of Leonard, Street and Deinard’s Construction practice group and has served as the lead attorney for Fortune 100 companies who have selected the firm as their national construction counsel. He has represented contractor and design professional clients in trials, arbitrations and mediations involving design and construction defects, delays, disruption, energy efficiency guarantees, mechanic’s liens, payment bonds, claims for extra work and catastrophic fire loss. He counsels construction and energy clients on a broad range of issues from contract negotiation to dispute avoidance. A significant portion of Steve’s practice has involved representing energy services companies in disputes relating to performance contracting projects. Steve has been selected for inclusion in Super Lawyers® and is recognized among The Best Lawyers in America and Chambers USA as one of the top practitioners in the construction area. Steve holds a J.D. from Yale Law School and a B.A., with distinction, from Stanford University.
 Dave Parry practices in the areas of construction law, performance contracting, energy law, and business and commercial litigation. Dave represents owners, contractors, energy services companies, vendors and other commercial clients in federal and state court proceedings and arbitrations throughout the United States. He also advises energy services companies concerning federal and state performance contracting laws and guaranteed energy savings contracts. He has experience handling cases involving construction and design defects, delays, disruptions, performance and energy efficiency guarantees, government contracting, gas turbine and equitable price adjustment claims. Dave recently advised a nationwide energy services company regarding performance contract guarantees for a large, multi-phase building retrofit project with the federal government. He has also assisted energy services companies in resolving performance contracting disputes throughout the country. Dave holds a J.D. from the University of Michigan Law School and a B.A., magna cum laude, from the University of California, Los Angeles. |
