The Robins Economic Loss Rule And Offshore Wind

Law360, New York (November 18, 2010, 12:43 PM EST) -- Illustrative of the unusual results that can affect offshore wind energy projects under admiralty law is the Supreme Court's venerable Robins Dry Dock decision, which may preclude or limit an offtaker's ability to recover economic losses arising from a marine casualty causing a forced outage of a wind generation facility.

Parties negotiating power purchase agreements, financing arrangements, engineering procurement and construction (EPC), and operations and maintenance (O&M) contracts should be aware of Robins principles and exceptions. As discussed below, there are also potentially effective strategies to...
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