Contract energy management project risk prevention measures

Contract energy management project risk prevention measures
The contract energy management project involves many subjects, complicated links, and it is easy to generate various risks. Energy -saving service companies can also fully guarantee their expectations. The following is the risk prevention measures for the contract energy management project compiled for everyone. Welcome everyone to read and browse.

. The basic risks of contract energy management projects and their preventive measures
1 Project feasibility risk
The feasibility risk of the project refers to the energy -saving service company and energy -consuming customers. The energy conservation benefits of the project are expected, and the reality of energy saving benefits is lower than the expected, and even lower than the cost of developing the project by energy -saving service companies. This risk is combined with other risks, and the occurrence of other risks may cause this risk. This kind of risk cannot be avoided, and it is necessary to bear the development and operation projects; but by reducing the probability of other risks, the feasibility risk of the project can be reasonably shared between the project participation subject, or the ownership of the project ownership, or the ownership of the project ownership It is also feasible to transfer its feasibility risk. One of the characteristics of contract energy management is that the energy -saving service company undertakes project feasibility risks. In practical operations, energy -saving service companies can transfer risk transfer through business cooperation with financial institutions, equipment suppliers, technical service providers, and insurance companies such as investment and financing subject banks such as investment and financing. For example, the claims of the project of contract energy management are transferred to financial institutions, so that financial institutions become actual creditors of contract energy management projects; insure project risks, sharing project risks with insurance companies, and so on.
2 Project customer risk
project customer risk refers to the failure of contract energy management projects due to energy management projects. The successful development of contract energy management projects is inseparable from the close cooperation of capable customers. Users must have a good economic foundation, market development prospects, and good credit. After the start of energy -saving projects, the economic benefits of the customer have declined, even The bankruptcy makes the implementation of energy -saving projects without guarantee, and the economic benefits of energy -saving service companies are not guaranteed. The main method of preventing customers' risk prevention is to conduct due diligence. For the basic situation of capable customers (establishment time, registered capital, capital in place, shareholder name and strength, organizational structure, etc.) , Enterprise business, total assets, liabilities, net assets, profits, accounts receivables, etc.), and major issues (major construction projects, major investment projects, major system reforms, major judicial proceedings, etc.). However, due to the unequal transaction status of the two parties in practice, the scope of due diligence will definitely be adjusted as needed, but the most basic business situation, property conditions, and major matters must be invited to participate in the investigation to determine the credit level of project customers. Energy -saving service companies should pay attention to establishing strategic partnerships with commercial banks and insurance companies in this link, and use their customer reputation evaluation system to evaluate their target customers. And based on the evaluation results, combined with the company's technical characteristics and the industry's industry characteristics, the customers are divided into three categories: gold customers, opportunities and customers, and high -risk customers, and take different management models, so as to reduce customer reputation risks To the lowest.
3 Project financing risks
project financing risk refers to the breakdown of the project's mobile fund chain due to insufficient financing capabilities of energy -saving service companies, making the projects of contract energy management unable to continue operation, resulting in the project failure. The prevention of this risk can start from two aspects:
First, internal, the energy -saving service company increases its own economic strength and improves its own project financing capabilities; When financial institutions remain closely linked to ensure the diversity of financing subjects, and energy -saving equipment suppliers, energy -saving technical service providers, insurance companies, etc. to establish interest sharing mechanisms through early investment;
As a financing guarantee, expand the scope of financing.
4 Energy -saving risks of projects
The project energy saving risk refers to the failure of energy -saving service companies and energy -saving customers on energy saving measurement, monitoring, etc., or the agreement is not clear, resulting in controversy in the actual operation process , Can't determine the real energy saving energy. Energy -saving risks are the most likely risks in contract energy management projects. In order to reduce the probability of this risk, the following aspects must be done:
1) Specific technical solutions for the use of energy measurement, detection, monitoring, and verification of the contract energy management project in the energy -saving service contract;
2) Determine the original energy of the customer before the beginning of the energy conservation transformation, or determine the corresponding reference line;
) Actual energy use energy;
4) In order to prevent the use of energy use enterprises intentionally reduced production scale and reduce energy, it can make detailed agreement on the production scale of the enterprise before energy saving and the production and operation scale after energy saving;
5 ) In order to prevent the unreasonable expansion of energy conservation energy saving companies, energy -saving service companies should also assign corresponding technical personnel in terms of original energy and existing energy to participate in confirmation.
In order to regulate the determination of energy conservation, the China Institute of Standardization is studying and formulating the "Technical Regulations for Contract Energy Management"; there are three main ways to determine the energy -saving standards in the actual operation:
1) Strengthening technical measurement, which is enhanced.
2) The two parties agreed to recognize,
3) Introducing third -party certification agencies to determine specific energy saving energy through neutral third parties.
5 Project market risks
The energy -saving project market risk refers to the market change of the main business of customers or due to the significant changes in energy prices, which causes energy -saving profits to shrink, causing the expected contract energy management Project operation failed. The market risk of the project needs to be grasped by business sensitivity. The probability of this risk is small, and it has unpredictable and inevitable characteristics.
The prevention of this risk mainly has the following methods:
1) Reasonable risk sharing, transfer this risk to other subjects such as insurance companies, banks, and capable customers;
2 2 ) At the beginning of the project, determine the minimum price of energy, the specified price, the final average price, or the floating price of the scope, the floating within a predictable range can be identified as a commercial risk.
3) At the same time, it can also agreed in the contract as a risk factor for force majeure to reduce or exempt the corresponding responsibilities.
6 Project construction risk
The project construction risk refers to the delay of the project due to the reasons or other environmental factors of the construction unit, which caused the project to not be proceeded smoothly. Contract energy management projects must be completed within the time prescribed by the contract to ensure that investment can be recovered in a timely manner. If the project is postponed, it will inevitably cause the energy -saving service company to not obtain the income in time, not pay the interest on the bank's loan, and other expenses will increase accordingly, resulting in the increase in the cost of the project.
The measures to reduce this risk are:
1) Clarify the schedule of the project schedule, and the time of each node will be specific to the date; In the involvement of the operator's intervention in the construction process, avoid the early part of the project and the later project cannot be effectively connected;
) Specifying the special project progress supervisor, fully responsible for the entire process progress of the entire contract energy management project;
4) In the process of involving the construction progress sheet, it flexibly determines a certain period of time to prevent delays of the construction period;
5) The corresponding timetable in the contract signed with a third party and determine the liability for breach of contract. Under the circumstances, risk transfer;
) Signed insurance contracts on the project construction risk with the insurance company for risk sharing.
7 Energy -saving technology risks
The energy -saving technology risk refers to the unstable energy -saving technology used and the poor operation of energy -saving equipment has caused contract energy management projects to fail.
The measures to prevent this risk are:
1) Using advanced technologies and equipment inspected, the application test of the latest technology and equipment in the project;
) Requirement of technology and equipment requirements The supplier provides corresponding guarantees and agreed that the liability will bear after the risk.
8 Investment income risk
Investment income risk refers to the energy -saving service company that energy -saving service companies can obtain expected profits due to customer credit and exchange rate changes in the process of recovery income. This risk is the unique risk of contract energy management projects. Such risks are closely integrated with the customer credit risk and market risk mentioned earlier. If the customer's credit risk and market risk are moderately avoided or transferred or distributed, the investment income risk of energy -saving service companies can also be reduced accordingly.
. The legal avoidance method of the risk of contract energy management projects
The risk prevention of contract energy management projects is directly reflected in the contract terms. The prevention of risks in the contract clause can pass the following methods. It mainly includes the provisions of customer information synthesis, force majeure clauses, situation changes, liability clauses, guarantee clauses, diversification of contract subjects, and contract risk transfer to achieve relevant purposes.
1 Customer information combination
The so -called customer information synthesis means that when signing a contract with customers, they should take their qualifications and other customers' statements, commitments, and guarantees as part of the contract. After writing this information to the statement and guarantee terms, customers must ensure the authenticity and accuracy of the information provided, otherwise they must bear the legal responsibility of fraud.
2 The non -resistant clauses
The "Contract Law" clearly stipulates the principle of force majeure, that is, when the parties cannot foresee, cannot be avoided, and cannot be overcome, the parties may agree that they do not need to take responsibility for this. By providing natural disasters such as national policies, wars, and earthquakes as pivoleous clauses, it is agreed in the contract, and the corresponding responsibility distribution can be exempted or reduced or re -assigned the risks of all parties in the contract. Pay attention to force majeure, pay attention to the meaning, scope, subsequent processing measures, and the responsibility sharing of the possibility of force majeure.
3 Situation change clauses
my country's "Contract Law" itself has not established the principle of situation change, but the explanation of several issues of the Supreme People's Court on the application of the "Contract Law of the People's Republic of China" is clearly stipulated in the Supreme People's Court (2) "After the contract was established, the objective situation occurred by the party that the party could not foresee when the contract was concluded. Or if the contract is terminated, the people's court shall determine whether it is changed or lifted in accordance with the principle of fairness and the actual situation of the case. "That is to say, in the practical judicial practice Essence Energy -saving risks, energy price risks, etc. can be applicable. Here we need to clearly define the scope of the principle of changes in the situation, and not to apply all the price changes, because in some cases, these changes are commercial risks, and the subject of the contract shall bear the risk by the subject of the contract.
4 The risk of contract energy management projects (especially energy saving benefits sharing projects) is borne by the energy -saving service company. However, during the implementation of the contract energy management project, what is needed is to use the active cooperation of energy customers. When signing the energy -saving service contract, the energy -saving service company should pay attention to the clearness of the obligations of the energy customer, and will use the responsibility of the customer's responsibility that the customer does not fulfill its obligations. It is also clear in the contract. It should be noted that the liability for breach of contract is clear and specific. If the energy -saving service company fully estimate the various possibilities and risks in the project operation process and clarify the liability for breach of breach of contract, it will not only apply directly to directly applicable to it. This specific clause can also help customers use the risk of breach of contract effectively, thereby objectively to prevent the other party's actual default effect.
5 Guarantee clauses
In the process of negotiations between the parties to the contract energy management, the energy -saving service company should pay attention to the use of independent third -party guarantees to provide the other party. Guarantee, service guarantee for technical service contracts, construction guarantees, etc. can reduce the risk of energy -saving service companies; corresponding parties, especially third parties, can also require energy -saving service companies to provide payment guarantees. Effective guarantees can better disperse the business risks of energy -saving service companies and improve the actual performance ability of the contract. It is an effective decentralized risk means for energy -saving service companies.
6 The diversified clause of the main body of the contract
If according to the basic principles of scattered risks, non -system risks can be combined by selecting different subjects with different risk characteristics. Low combination. This especially requires professional lawyers to participate in the risk points between each subject to reasonably divide and coordinate the interests between the subjects.
8 contract risk transfer clauses
contract risk transfer is mainly through contract claims and signing contracts with professional risk guarantee companies insurance companies. The transfer of claims is mainly through the general transfer of energy -saving service contracts or the independence and implementation of the rights of energy -saving service contracts. The participation of insurance companies can carry out moderate risk burden.
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