Evidence Timeline

Every entry below is sourced from the Zoho mailbox of emilio.toledo@ienergia.cl or from executed project documents. Quotes are verbatim and preserve their original language. The pre-contract period (2023–2024) is covered in depth on the AFRY page.

Phase 1 — iEnergia identifies and escalates (May–June 2026)

• 22 May 2026 · Emilio Toledo → Octavio Caro (Arctech) · cc Sven, David, Jean Pozo
  iEnergia formally opens the issue — six weeks before the Owner's Notice.

  "We would like to formally request Arctech's technical support regarding a concerning issue we have identified in some of our projects using Skyline II trackers." … "we observed several broken PV modules, mainly on the rear side … In certain cases, the damage is not only mechanical/visual but has also resulted in electrical failures." … "The highest number of cases has been detected at Los Sauces I, but we are also starting to see similar issues at Falcon" … "there may be a possible torsional force or mechanical stress along the tracker structure, which could be transferring stress to the modules. Therefore, we would appreciate Arctech's support to help us rule out any potential issue related to the tracker design, installation, operation, or structural behavior." … "We have also requested a technical visit from Trina Solar, as the module manufacturer." Email, 22 May 2026 — "Urgent technical support request – module breakage in Skyline II tracker projects"

• 24 May 2026 · Octavio Caro (Arctech)
  Arctech asks to consolidate channels; reveals a parallel thread with Infrastrutture.

  "I currently have a parallel email thread with Rosalia regarding this matter. Would it be possible for us to handle this topic through a single communication channel to avoid any confusion?"Email, 24 May 2026 — Octavio Caro

• 26 May 2026 · Emilio Toledo → Arctech + Infrastrutture + iEnergia
  Written Preliminary Report issued, portfolio-wide.

  "The issue has been identified in several projects of the portfolio, including Los Sauces I, Los Sauces II, Angol, Falcon, Dinamo, and one additional project to be confirmed." … "All affected projects have the same main configuration: Trina modules installed on Arctech Skyline II trackers." … "The observed failure consists mainly of cracked modules at the short-side edges." … "some trackers do not move smoothly during operation. A wave-like movement along the tracker was described, which could potentially induce torsion into the modules." Email, 26 May 2026 — "Preliminary Report – Recurrent Module Cracking on Skyline II Trackers"

  Arctech's own precedent, recorded in the same report:

  "Octavio Caro mentioned that Arctech has two previous similar references, one in Chile and one in Colombia … The Chile case was related to Trina modules. The issue was addressed with the module supplier, who eventually took responsibility." (Colombia: LONGi — same outcome.)Preliminary Report, 26 May 2026

  ⚠️ Double-edged: proves Arctech knew of recurrence on SkyLine II — but in both precedents the module manufacturer bore responsibility. Use to route the claim to Trina, not to attack Arctech.

• 26 May 2026 · Martín Troncoso (Infrastrutture — the Owner) → Emilio
  The Owner's own representative documents the tracker misbehaviour in writing. This fixes the Owner's date of knowledge.

  "when I was on site two weeks ago I was located between trackers 1 to 5 … I heard the slew drive were moving slowly, in jerky, uneven movements" … "I checked the alignment of the panels and found that they were not aligned as you had delivered them; so, once I reached tracker 51, I decided to take a photograph as the situation was quite extreme." … "at tracker 56 … there was a clear and worrying sign of torsional deflection." Email, 26 May 2026 — M. Troncoso, Los Sauces I observations (site visit ≈ mid-May)

  Same email — the purlin/fastener compatibility point (raised by the OWNER, not iEnergia):

  "Attached is a letter we received from Arctech when requesting warranty for the installation of this modules with the 'short' purlin they sent for our new projects … the modules for Batch A … are compatible with the purlin that we have (1400 mm installation hole spacing), but it appears to be compatible with a bolt and washer as fastener method, we should ask for the compatibility with revits."Email, 26 May 2026 — M. Troncoso

• 26 May 2026 · Rosalía Méndez (Infrastrutture)
  Owner convenes the joint "Trina Modules Issue" meeting — Arctech + Hergo + Infrastrutture + iEnergia. Confirms the Owner runs the Trina claim directly.
• 10 Jun 2026 · Emilio Toledo → Arctech
  Full evidence pack delivered; formal RCA and date requested.

  "please find in the following link the supporting evidence for the module cracking issue" … "the module and tracker datasheets for Batch A, the compatibility letter, and field photos of the cracks and torsional deflection observed on site." … "we would appreciate an official response from Arctech's engineering team regarding the technical review and root cause analysis. Could you please share an estimated date for this feedback?" Email, 10 Jun 2026 — Emilio Toledo

• 11 Jun 2026 · Jean Pozo (internal report)
  HERGO inspects the southern plants with an undisclosed Spanish expert (perito).

  "HERGO asistió a terreno acompañado por un perito español. Por el momento no tenemos confirmación de la empresa a la cual [pertenece]" … "avisaron que visitaban el viernes los proyectos, pero no con esa finalidad. Hasta ahora no tenemos información de quien era esa persona."Email, 11 Jun 2026 — "Novedades visita HERGO", Jean Pozo

  ≈3 weeks before the Notice: the Owner builds an expert record, does not disclose the purpose, never shares the findings.

• 13 Jun 2026 · Emilio → Arctech
  Second chase for the RCA date.
• 21 Jun 2026 · Octavio Caro (Arctech)
  

  "Thank you for the information shared. It has already been circulated internally for review and analysis. I will keep you updated…"Email, 21 Jun 2026 — no timeline committed

• 23 Jun 2026 · Emilio → Arctech + Owner reps
  

  "it would help us to have an estimated timeline for the engineering feedback and root cause analysis, as the issue remains open across several projects in the portfolio."Email, 23 Jun 2026 — third chase

• 28 Jun 2026 · Octavio Caro (Arctech)
  Arctech's engineering position — declines tracker responsibility.

  "Based on this assessment, no significant structural abnormalities have been identified in the tracker system that would indicate the observed module failures are related to the Arctech tracker." … "the compatibility letter previously shared serves as the technical basis confirming the compatibility between the installed module model and our tracker solution under the evaluated design conditions." … "we do not have technical evidence to conclude that the origin of the module cracks is related to the tracker system."Email, 28 Jun 2026 — Octavio Caro

Phase 2 — The Owner escalates (July 2026)

• 6 Jul 2026
  The Notice is dated. "Notification of Technical Defect – Request for Investigation", Angol Solar I SpA → Visibility S.A., on HERGO CHILE letterhead.
• 8 Jul 2026, 15:30
  Digitally signed by Juan Carlos Ruz Aedo, Legal Representative.
• 15 Jul 2026, 20:49
  Emailed by Rosalía Méndez (r.mendez@infrastrutture.eu) to Sven and David only. Nine days after its date. The email subject reads "Notification of Contractor´s Breach" — the signed letter says "Technical Defect"; the word "breach" appears nowhere in it. The letter states evidence is attached; no evidence annex was delivered.
• 16 Jul 2026
  Internal response process begins (Sven's action points; David's EPC-scope position; evidence review — this file).

What the record establishes