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PPA Due Diligence

A power purchase agreement can look solid on its first page and still leave a lender, an investor, or a buyer of the project exposed in the clauses nobody negotiated hard.

Reviewed

01 GUIDE

PPA Due Diligence: what usually happens

What a buyer or lender is really testing

Due diligence on a PPA asks whether the revenue the project expects is as reliable as the financial model assumes. Reviewers look at the creditworthiness of the party buying the power and what security backs its obligations. They also study how the agreement allocates curtailment, delays in reaching commercial operation, and changes in law, since those clauses decide who absorbs losses when conditions shift. Termination rights and the payments owed on early termination often receive the most attention. Assignment provisions matter too, because financing usually depends on the agreement being collaterally assigned to lenders, which often needs the buyer's consent.

Documents beyond the agreement itself

A PPA rarely stands alone. Reviewers also look at the interconnection agreement and queue position, site control documents such as leases or easements, permits, and the equipment and construction contracts. If the project relies on tax credits or their transfer, that structure gets separate attention, since federal energy tax rules have changed and some benefits depend on when construction began. Amendments, side letters, and any notices of default or force majeure belong in the data room. Missing consents are among the more common gaps, and they are easier to obtain before closing than after.

Turning findings into deal terms

Diligence findings usually end up in the transaction documents rather than in a report that sits on a shelf. A weak point can lead to a price adjustment, a specific indemnity, a condition to closing, or a request that the power buyer sign an estoppel or consent. In our first conversation we learn your role in the deal, the timetable, and which risks matter most to you, since a tax equity investor and a project buyer read the same PPA differently. We then focus the review on those provisions. For projects in New York, state programs and utility requirements can add their own layer, and we flag where that applies.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about ppa due diligence and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.