Due Diligence Investigations
Warburton Attorneys undertakes environmental legal due diligence investigations associated with commercial transactions. These services may be provided directly to clients involved in a transaction or as a specialist service to other attorneys advising on a transaction.
Warburton Attorneys has concluded numerous environmental legal due diligence investigations of wind and solar energy facilities and we continue to work with other law firms to provide input with respect to these projects.
Warburton Attorneys has also conducted energy-related environmental legal due diligences focused on the storage of fuel in the Western Cape, as well as the independent procurement of coal-based power in Mpumalanga.
Due diligence investigations are essential so as to ensure that contractual protections are adequately provided for, in cases where, for example, there is a transfer of environmental legal risks.
Warburton Attorneys assists in the drafting of sustainability-related contractual clauses whether directly for clients involved in a commercial venture or as a specialist service to other attorneys.
Assistance associated with commercial transactions and due diligence investigations may also include drafting or advising on appropriate sustainability-related contractual provisions in lease and property sale agreements, loan agreements (where lender environmental liability issues may be relevant), servitudes, employment or service contracts, consultancy agreements, and the like.
In addition to the drafting of appropriate clauses informed by due diligence processes, Warburton Attorneys has specialised expertise in the drafting and negotiation of climate change-related contracts, including Emission Reduction Purchase Agreements (ERPAs) for the purchase and sale of carbon credits, Project Development Contracts for the assisted implementation of greenhouse mitigation projects and Co-operation Agreements aimed at promoting energy-efficient project implementation.