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.
The case in five sentences
- 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.
- 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 →
- 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 →
- 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".
- 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)
| Plant | Owner entity ⚠️ | EPC date | Provisional Acceptance | PAC issued |
|---|---|---|---|---|
| Angol | Angol Solar I SpA | 10 Apr 2024 | 1 Dec 2025 | 28 Nov 2025 |
| Falcon | Energía Renovable Roble SpA | 16 May 2024 | 8 Sep 2025 | 10 Sep 2025 |
| Dinamo | Solar Ti Trece SpA | 16 May 2024 | 23 Sep 2025 | 30 Oct 2025 |
| Los Sauces I | Los Sauces Solar I SpA | 19 Apr 2024 | 19 Jan 2026 | 13 Apr 2026 |
| Los Sauces II | Los Sauces Solar II SpA | 19 Apr 2024 | 23 Dec 2025 | 4 Feb 2026 |
⚠️ 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.
Sections
Evidence Timeline
Every action, dated and quoted verbatim — iEnergia's proactive record vs the Owner's conduct.
OpenContract & Clauses
Verbatim extracts of every load-bearing clause, with the responsibility mapping.
OpenAFRY / Pre-Contract
Deep-dive on the "Technical Alignment Group A" thread — who engineered and selected what, and when.
OpenGap Analysis
Where the Owner's demands exceed the Contract, and where their Notice fails its own clause.
OpenDocuments
The source documents, viewable online: the Notice, Schedule C-7 datasheets, PACs, Material Acceptance, foundation design.
Open