Case Studies

Solar Industry Disputes

  • Arbitrated a dispute between a solar power plant developer and a solar power plant producer over pricing terms on thirty Membership Interest Purchase Agreement projects and whether the developer would become the EPC contractor on several projects.
  • Mediated construction contract dispute involving terminated contract for installation of solar roof on industrial facility, and disputes regarding compensable labor and materials termination charges incurred by construction company.
  • Arbitrated a dispute between a solar panel manufacturer/distributor and solar power plant construction firm over penalty payments for delayed deliveries.
  • Arbitrated two separate disputes between solar project development companies and builder/operator solar companies that sell electricity to the grid. These disputes arose from completion and pricing issues in Membership Interest Purchase Agreements in which the builder/operators acquire the solar projects after interconnection agreements have been finalized with local utilities.
  • Arbitrated a dispute between a Dealer and a Supplier concerning a channel partner agreement whereby the Dealer would generate solar installation contracts in a defined territory and provide them to the Supplier for installation, in exchange for a commission. The dispute focused on alleged violation of exclusive dealing and non-solicitation agreements by the Dealer leading to the Supplier withholding commissions payable to the Dealer.
  • Handled a breach of contract and fraud matter between a U.S. subsidiary of a Chinese solar panel manufacturer and an infrastructure lender relating to the development, construction and sale of two solar power plants for $18 million, with the dispute focused on the validity and meaning of a post purchase price adjustment formula tied to Libor.
  • Handled several breach of contract claims involving several solar panel manufacturers relating to solar power plant projects around the United States that had been terminated or otherwise not completed for a variety of reasons, with competing claims.
  • Handled a matter concerning to the final contract price of a solar power project transaction, with allegations regarding various product defects in the solar panels.

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