Confidential — internal case file — prepared in contemplation of a contractual dispute

Recurrent Module Cracking — Hergo / PowerTree Portfolio

Angol · Falcon · Dinamo · Los Sauces I · Los Sauces II — Trina Vertex modules on Arctech SkyLine II trackers · Contractor: Visibility S.A. (iEnergia)

On 15 July 2026 the Owner group (Hergo = PowerTree = Infrastrutture) served "Notification of Technical Defect – Request for Investigation" letters across all five plants, alleging defects in the PV panels and tracker systems, demanding investigation and remediation at the Contractor's cost, and reserving the right to call the bank bonds. This site assembles the evidence record, the contract position, and the gaps in the Owner's case.

22 May 2026
iEnergia raised the issue — 6 weeks before the Owner's Notice
Schedule C-7
Owner's own contract schedule names Arctech SkyLine II + Trina Vertex
5 business days
Cl. 14.1(b) notice window — the Owner took ~6 weeks
Nov 2023
PowerTree + Arctech + AFRY engineering — months before any EPC

The case in five sentences

  1. iEnergia found the problem and escalated it first. The Contractor formally reported the cracking to Arctech on 22 May 2026, issued a written preliminary report portfolio-wide on 26 May, delivered a full evidence pack on 10 June, and pressed Arctech to a written engineering conclusion by 28 June — all before the Owner's 6 July Notice existed.
  2. The Owner selected both products and wrote them into the Contract. Schedule C-7 of the executed EPC — built from PowerTree's own February 2024 template — contains the Arctech SkyLine II tracker datasheet and the Trina Vertex 650 W module datasheet. Clauses →
  3. The selection predates the Contract by months. The "Technical Alignment Group A" record shows PowerTree, Arctech and AFRY engineering these plants from November 2023, with the module datasheet delivered to Arctech on 27 Nov 2023 and tracker piles in production by January 2024 — before any EPC was signed and without iEnergia on the thread. AFRY deep-dive →
  4. PV modules are expressly outside the Contractor's warranty. Clause 14.7: "The Contractor shall not provide any warranty for the PV Modules." The Owner concedes this in its own Notice, then tries to route around it via "defective design or engineering".
  5. The Owner's Notice fails its own clause. Clause 14.1(b) requires instruction within 5 Business Days of awareness, with evidence and a correction deadline. The Owner was demonstrably aware by 26 May; the Notice is dated 6 July, attached no evidence, and set no deadline. Gap analysis →

The one open risk

Clause 2.15 — the Owner's strongest card

The Notice's phrase "defective design or engineering (including review and validation of third party and vendors design and specifications)" is Clause 2.15 of the EPC quoted back at us almost verbatim. That clause makes the Contractor solely liable for technical errors in the Owner's Schedules C-1..C-10 that the Contractor failed to identify. The escape hatch — Clause 2.15(c) — applies where the Contractor notified an error and the Owner failed to clarify.

Status: iEnergia's engineering-error notifications of June 2024 (torque tubes, pole distribution — see AFRY page) fit that pattern. A written record of a module format/size concern raised by iEnergia has not been located — it is asserted in an internal draft but is currently unsourced. Until sourced, it must not be cited externally.

Best single fact

Los Sauces I — accepted by the Owner five weeks before we reported the cracking

Los Sauces I has the highest cracking incidence in the portfolio. Its Provisional Acceptance was achieved 19 January 2026 — and the Owner issued the PAC on 13 April 2026, recording no cracked panels and no tracker malfunction on the punch list. iEnergia first reported the cracking on 22 May 2026. The Owner inspected and formally accepted the works in April; the conditions now alleged were either not present, not detectable, or accepted with knowledge.

Source document: PAC Los Sauces I (Documents page)

Per-plant matrix (verified from executed documents)

PlantOwner entity ⚠️EPC dateProvisional AcceptancePAC issuedCl. 12 payment notice
AngolAngol Solar I SpA10 Apr 20241 Dec 202528 Nov 202522 Jan 2026 — USD 77,506
FalconEnergía Renovable Roble SpA16 May 20248 Sep 202510 Sep 2025none found
DinamoSolar Ti Trece SpA16 May 202423 Sep 202530 Oct 202522 Jan 2026 — amount TBC
Los Sauces ILos Sauces Solar I SpA19 Apr 202419 Jan 202613 Apr 2026Jan USD 401,000 + Jun USD 80,486
Los Sauces IILos Sauces Solar II SpA19 Apr 202423 Dec 20254 Feb 202622 Jan 2026 — USD 317,000

⚠️ The Owner entities are not the plant names for Falcon and Dinamo — correspondence addressed to "Falcon Solar SpA" or "Dinamo Solar SpA" would be addressed to non-existent companies. Clause 12 balances are historic notice amounts; current balances unverified.

Sections

Evidence Timeline

Every action, dated and quoted verbatim — iEnergia's proactive record vs the Owner's conduct.

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Contract & Clauses

Verbatim extracts of every load-bearing clause, with the responsibility mapping.

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AFRY / Pre-Contract

Deep-dive on the "Technical Alignment Group A" thread — who engineered and selected what, and when.

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Gap Analysis

Where the Owner's demands exceed the Contract, and where their Notice fails its own clause.

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Documents

The source documents, viewable online: the Notice, Schedule C-7 datasheets, PACs, Material Acceptance, foundation design.

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