The U.S. offshore wind market differs from other markets. Developers must manage overlapping federal and states requirements, evolving contracts, and more frequent claims..
Agatha Huang, a New York–qualified attorney, works at the intersection of law and operations in this market. She has been working at the intersection of law and operations in this distinctive market. Her experience spans negotiating contracts, managing claims and supporting litigation and arbitration. Her combined legal and project experience shapes how she advises different plays in the fields.
Agatha shares her perspective on how the U.S. market differs from other jurisdictions, how stakeholders manages uncertainties, and why she still sees long-term growth.
You’ve worked extensively on offshore wind projects, from negotiating turbine supply contracts to managing transport and installation. How has that combination of legal expertise and project experience shaped your approach to advising on offshore wind development in the U.S.?
U.S. offshore wind development is unique due to its layered legal framework. Unlike most jurisdictions where projects are governed primarily by a single national regime, U.S. projects must navigate overlapping federal and state requirements. For example, supplier contracts are typically governed by New York law, state-facing agreements (such as ORECs) follow individual state laws, and the projects themselves are subject to federal regulations due to their location in federal waters.
Despite this complexity, the contractual and operational foundations are not fundamentally different from other offshore wind markets. Most agreements are still based on adapted FIDIC or BIMCO forms, meaning our JUMBO-er with international offshore wind experience can manage day-to-day execution effectively.
My New York attorney qualification comes into play when things don’t go as planned- stop-work orders, claims, settlements, arbitration and so on. Those situations aren’t the day-to-day, but in the U.S. offshore wind market, they are happening more often now. But generally, I think the biggest strength of JUMBO people is that we are experienced but agile. I have seen a colleague thrown into a new settlement in a contract she was never involved in and finalized the settlement in 2 weeks. I think this is what makes us stand out in this dynamic time.
How can stakeholders best prepare for commercial flexibility under uncertainty in the US? Are developers changing how they structure contracts to better manage risk in today’s environment?
We have seen many unexpected situations in recent years—starting with COVID-19—triggering Force Majeure clauses more than ever. Pre‑pandemic, developers tended to bundle projects to increase bargaining power. Now, they are shifting toward more flexible project and contractual structures to avoid overcommitment and to build firewalls between projects. They also increasingly include contractual “options” to preserve flexibility and manage risk. In parallel, parties are reinforcing liability allocations, strengthening indemnification provisions, and enhancing insurance coverage requirements to better protect against downside risks.
With increased uncertainty and project changes, who are claims typically being directed against?
During the construction phase, most claims come from contractors or suppliers, usually related to additional scope, additional costs, delays, change of design etc. Before construction starts and towards the end of the project, we tend to see more employer claims, which are used to push progress, enforce contractual obligations, or close out remaining issues such as delays or defects. Overall, even with increased uncertainty or project changes, the environment may increase the number or complexity of claims, but it does not fundamentally change who the claims are between—it remains primarily a contractor versus employer dynamic.
Do you still see the U.S. offshore wind market as a long-term growth story and what needs to happen next to restore confidence?
The short answer is yes, I still see the U.S. offshore wind market as a long-term growth story.
Recent events—such as the 2025 lease suspension orders and subsequent legal challenges—have clearly created short-term uncertainty. However, the fact that all 5 affected projects were able to secure preliminary injunctions and resume construction demonstrates that institutional and legal frameworks are functioning as intended.
I have faith in the system. In my view, this is actually a strength of the U.S. system: while policy direction can shift with administrations, there are checks and balances that provide a pathway for projects to move forward.
More broadly, the U.S. market is not uniquely difficult—it is simply different. Across global offshore wind markets, developers face varying challenges: permitting in the U.S., supply chain and cost inflation in Europe, or early-stage infrastructure gaps in emerging markets. After all, the macro fundamentals are compelling: global electricity demand is accelerating (>3.5% CAGR), while AI-driven data centers alone could reach ~3% of total power consumption by 2030. This widening supply–demand gap favors offshore wind—one of the few technologies that is scalable, delivers high-capacity factors, and can be deployed close to major coastal load centers—positioning it as a critical and advantaged growth solution.
Reach out to Agatha Huang or our team to learn how JUMBO Consulting Group supports developers in managing contractual risks and building commercial flexibility in the U.S. offshore wind market: https://jumbocg.com/services