Solar contracts are technical documents in legal clothing. We read the clauses counsel reads past, such as how the performance ratio is tested and what the O&M scope excludes, and tell the client and their solicitor what each will do in practice.
- EPC performance tests, guarantees and liquidated damages
- O&M and asset management scopes, SLAs and exclusions
- PPAs, leases and grid agreements: the technical obligations
- Module, inverter and battery warranties against likely claims
- Clause-by-clause technical mark-up and a summary of what matters
A solar contract is a technical document wearing legal clothes. The clauses that decide whether the owner gets what it paid for are the ones a lawyer reads past: the performance ratio test method, the availability definition, the irradiance data source, the degradation basis, the exclusions from the O&M scope. Apex has reviewed PV contracts from EPC through O&M and asset management across the European market, on both the owner’s side and the delivery side, and knows where the risk is usually hidden.
What is reviewed
EPC contracts. Performance guarantee and test regime (provisional and final acceptance, PR test method and correction basis, test duration and weather windows), liquidated damages for delay and for performance, defects liability, the technical specification and any deviation schedule, and the interfaces with grid connection and O&M handover.
O&M and asset management agreements. Scope and exclusions, availability guarantee and how it is calculated, response and repair times, spares and consumables, reporting obligations, monitoring access and data ownership, and the performance-linked fee mechanism if there is one.
Power purchase agreements, leases and grid agreements. The technical obligations inside the commercial agreement: minimum output, curtailment and interruption rights, metering, access for maintenance and re-roofing, decommissioning, and what happens to the asset at expiry or on sale of the site.
Warranties. Module, inverter and battery warranties against the claims the owner may one day need to make: the degradation curve, the evidence required, the claim process, and whether the counterparty is likely to still exist.
What the client receives
A marked-up copy of the contract with technical comments clause by clause, a summary of the ten points that matter, proposed alternative wording where the fix is technical, and a call with the client and their solicitor to go through it. Apex does not give legal advice; we tell the client and counsel what the technical clauses will do in practice.
Performance validation
Where a contract is already in force and a test or a guarantee is in dispute, we re-run the acceptance test calculation from the raw data, check it against the contract method, and set out in plain language whether the numbers support the claim. Where the matter proceeds, this becomes expert witness work.
Fee
Quoted in writing per document, by length and complexity, and held once agreed.
Other services
Tell us what you are trying to decide
Most engagements start with a short call about the asset, the transaction or the dispute, and the timetable. We will tell you what we would do, what it would cost, and whether you need us at all.