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Real Estate points out there are other key concerns that need to be addressed. ���The ability of the installer of the equipment to be able to keep it there for the duration of the FIT contract is critical,��� he says. ���The entity that holds the contract needs to either own the building, or to lease the rooftop and other space needed for the installation and operation of the facility, for a term of at least 20 years. This means that the potential for redeveloping the building and the lands on which it is located is impaired for at least 20 years. The building itself cannot be altered so as to impact the operation of the solar facility and no buildings or structures that might shade the solar panels could be built. The facility will also impact repairs of the roof, and the ability of the building owner to install other equipment such as roof top antennae or signage. The installation might also impact the sale of the building.��� That purchaser of the building or property used for a leased solar installation must be willing to live with the terms of that lease. A non-disturbance agreement allows for the mortgagee to respect the rooftop lease and not claim ownership of the installation if there is a default under the mortgage. In accepting the lease arrangement, the purchaser then also reaps its benefits by receiving the monthly market rental payments. An installation frequently involves financing, which introduces another party to the table, says Daoust. The lender that funds the purchase and installation will need to be satisfied it will have a prior claim to the solar facility if the equipment loan goes into default, and it will also need to be satisfied that no third party will interfere with the lease or the FIT contract. Its concerns will also need to be covered in non-disturbance agreements. The majority of solar installations are on rooftops, where they are often out of sight, but ���they���re not unattractive, they���re kind of cool,��� adds Daoust. There���s no noise involved and there are generally no moving parts. Indeed, the Ontario Power Authority reports there are 14,784 microFIT contracts in place while there are only 500 of the larger FIT contracts or solar farms. A typical residential house can generate two to three kilowatts of power through a solar installation. Michael Killeavy, Ontario Power Authority���s director of contract management, which oversees A roAd mAp through construction insurAnce lAw nEw publication a GuidE to canadian construction insurancE law R. BRuCE REYnoLDs anD shaRon VoGEL Get a unique plain-language approach to all aspects of construction insurance ��� from types of policies and risk allocation to material misrepresentation and claims. You���ll find expert insight and relevant case law on critical construction-related insurance policies: Builder���s Risk policies; Commercial General Liability policies; Professional Liability policies; Boiler and Machinery and Contractor���s Equipment policies; Pollution Insurance; and Default Insurance. You���ll learn the various kinds of insurable and uninsurable construction risks and how these risks are allocated in construction contracts and professional services agreements. 22 March 2013 www.CANADIAN The authors review the procedures involved in making a claim, including drafting notice letters and complying with relevant time limits. You���ll learn how an insurance investigation is handled ��� and the various methods for dispute resolution. ExpEriEncE thE bEnEfits of clEar, concisE construction insurancE ExpErtisE ��� Get the insurance insight that will help you develop a comprehensive risk management strategy ��� Gain a solid understanding of the important cases that define construction insurance law ��� Be prepared to effectively handle construction insurance claims L a w ye r m a g . c o m ordEr # 985328-65203 $145 softcover approx. 480 pages January 2013 978-0-7798-5328-1 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AvAilAble Risk-FRee FoR 30 DAys order online: www.carswell.com Call Toll-Free: 1-800-387-5164 �� in Toronto: 416-609-3800

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