Negotiating, drafting, and enforcing coal supply contracts
Common problems associated with coal-supply contracts are reviewed to assist lawyers who lack technical knowledge. Background information outlines the historical and economic statuses of various energy sources and poses obstacles to an increased use of coal in oil- and gas-producing states and from environmental constraints. Negotiation of a coal-supply contract requires the lawyer to determine quality and quantity requirements, select supplier(s) (which includes determining a bid process, estimating transportation costs, and evaluating the supplier's probable performance), and agree on prices. The working contract draft should include an introductory statement of the contract considerations, a list of the terms and conditions of the agreement (suggested wording of clauses is included) and provision for signatures of the buyer and seller. The lawyer is also advised on policy and strategy considerations which affect decisions of when and how to make amendments, and arbitrate or litigate contract disputes. Examples are given of possible situations that lead to legal action. (DCK)
- OSTI ID:
- 7125327
- Journal Information:
- Nat. Resour. Lawyer; (United States), Journal Name: Nat. Resour. Lawyer; (United States) Vol. 9:3; ISSN NRLAD
- Country of Publication:
- United States
- Language:
- English
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