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.
This article explores some recent developments in offshore wind construction including the push in the United States to greatly increase the production of energy from offshore wind, the unique challenges contractors face in offshore wind construction, the seeming press for unlimited liability in offshore wind construction contracts, and potential strategies for contractual risk-sharing and incentives.
