Cindy Matherne Muller (L) and Tiffany Raush (R) of Jones Walker. Courtesy photos Three Sheets to the Wind: Cautionary Tales of Unlimited Risk in Offshore Wind Construction
To develop a robust and sustainable supply chain in the United States, developers and contractors may benefit from a risk-sharing model that allocates the unknown or uncontrollable risk and aligns the parties' interest for a safe and efficient project.
March 04, 2022 at 07:29 PM
7 minute read
Energy
Serving for centuries as a description of the very inebriated, most accounts hold that the idiom "three sheets to the wind" is derived from sailing—if the three "sheets" of the ship are unsecured, the ship runs totally off course and out of control. For contractors in offshore wind construction, there are three "sheets" typically used to keep risk on course and under control: (1) capped liquidated damage provision as an exclusive remedy for delay; (2) reciprocal, consequential damages waiver; and (3) a limitation of overall liability.
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