The Impact of Ambiguity in Construction and Engineering Contracts for Energy Projects

A July 31, 2012 ruling by a federal district court illustrates the importance of using clear provisions in contracts for energy construction.  The case centered on a developer’s argument that its contract with an engineering firm contained a performance guaranty …

AHC Attorney Discusses Cooperative Governance and Transparency Issues

AHC attorney Roland Hall was recently interviewed for an article on the trend toward more transparency and openness in cooperative governance.  The article appeared in the July/August issue of the National Cooperative Business Association’s Cooperative Business Journal.  The full …

CFTC Proposes Exemption for “Cooperatively-Owned Utilities”

On Friday, August 17, 2012, the U.S. Commodity Futures Trading Commission (CFTC) approved a proposed order that would exempt certain transactions by electric cooperatives, among other “Exempt Entities,” from many of the requirements of the Commodity Exchange Act.…

Cooperative Litigation Update: N.C. Court Rules on Coop’s Discounting Program

In another lawsuit concerning cooperatives’ capital credit practices, a North Carolina trial court ruled in favor of a cooperative that we previously wrote about in another blog post.

The court ruled, based on the facts at issue, that the …

Cooperative Litigation Update: Texas Cooperative Lawsuit Considered on Appeal

Earlier this past July, the Texas Court of Appeals ruled on important aspects of the cooperative lawsuit concerning Denton County Electric Cooperative, Inc., d/b/a CoServ Electric (“CoServ”).  The court ruled, among other things, that (i) the cooperative was not subject

AHC Cooperative Tax Brief: Telephone Cooperative’s Sale of Subsidiary

In the latest cooperative tax ruling, the Service ruled that a cooperative’s (“Cooperative”) gain on sale of stock in corporations that offered services to Cooperative’s members was patronage-sourced.  The ruling was important to Cooperative because it expected to fail the …