ABSTRACT

As pioneers in the development of energy performance contracting (EPC) around the world, the authors find it most gratifying to see how much the industry has grown in recent years. Documentation is growing that energy efficiency is the most cost-effective way to reduce environmental pollution. EPC is increasingly recognized as a valuable tool in our efforts to control climate change and achieve a healthier environment. It is self-evident that a core component of EPC would include contracts. The nature of those contracts and the key components of the energy service agreement are still evolving. The use of a planning agreement is increasingly relied upon. The industry is moving toward the common practice of using an agreement that assures that the ESCO gets some remuneration for its auditing services if the project does not go forward. National laws frequently impose a burden on contract language, making them far more complex than they need to be.