Morten Lund is Of Counsel at Foley & Lardner LLP’s San Diego office, and a member of the firm’s Energy Sector. For more than 25 years, Morten has advised developers, lenders, investors, and other project participants. Morten has a particular focus on solar energy and energy storage projects, but Morten’s wide range of project experience also includes wind energy projects, combustion generator projects, nuclear energy facilities, hydroelectric facilities, cogeneration facilities, chemical facilities, forestry/paper facilities, large aircraft, and shipping fleets. Prior to joining Foley, Morten was a partner at Stoel Rives LLP.

Recent Representative Transactions

EPC

• Represent developer/sponsor; negotiate EPC contract for utility-scale solar project in Mexico.
• Represent construction manager; develop form Construction Management Agreement for utility-scale US solar project construction.
• Represent tax equity investor; review and renegotiate EPC contract for six utility-scale solar projects in Texas.
• Represent site host/co-developer; negotiate EPC contract for 20MW BTM solar+storage project in California.
• Represent developer/sponsor; negotiate EPC contract for 50MW solar+storage project in Minnesota.
• Represent developer/sponsor; develop and negotiate multi-tiered EPC contract structure with Chinese contract/investor, for 200MW solar project in California.

Equipment Supply

• Represent large global developer/investor; develop process and documents for global equipment procurement, applicable to wind turbines, solar modules, and batteries.
• Represent developer; negotiate frame agreement for multi-project module supply with major manufacturer.
• Represent developer; review and renegotiate battery supply agreement for utility-scale solar+storage project.
• Represent large residential installer (and equipment purchaser); negotiate series of emergency module supply agreements.
• Represent large residential installer (and equipment purchaser); establish direct supply chain in China and Vietnam.  Establish Beijing office, structure supply arrangements, negotiate tolling agreements with Vietnamese manufacturers.

O&M

• Represent large global project owner; negotiate fleet-level O&M agreements for client’s North American wind energy project fleet (2+ GW); develop and negotiate fleet-level performance guarantee.
• Represent large global project owner; negotiate fleet-level O&M agreements for client’s North American solar energy project fleet (3+ GW); develop and negotiate fleet-level performance guarantee.
• Represent large investor; conduct RFP for O&M services for C&I solar energy portfolio (200+ projects); evaluate bids; negotiate agreements.
• Represent investor; draft and negotiate O&M agreement for large wind project in Oklahoma.
• Represent service provider; develop form agreements for multi-site energy storage projects.
• Represent owner; draft and negotiate O&M agreement for 50MW geothermal facility in California
• Represent manufacturer/service provider; develop form services agreement for flow battery projects.