Commercial project disputes
Between developers, utilities, and corporate buyers, PPA disputes often involve delayed commercial operation, curtailment, and whether an event qualifies as force majeure. Changes in law, tariffs on equipment, and shifts in tax credit rules have led parties to seek price adjustments or to argue that performance was excused. Termination payments and damages calculations tend to be heavily contested because the sums depend on long-term power price assumptions. Many commercial PPAs require arbitration, sometimes after a period of negotiation between executives. The agreement's notice provisions frequently set conditions for raising claims that, if missed, can limit recovery.
Residential solar agreements
Homeowners often sign solar PPAs or leases through door-to-door or online sales, and disputes commonly arise over savings promised at the sale, system performance, and roof damage. These agreements may be noted in a public filing against the property, which can complicate a sale or refinancing. Transferring the agreement to a buyer usually requires the provider's approval. Consumer protection laws in New York and elsewhere can apply to how these contracts were marketed. Keep the contract, sales materials, utility bills from before and after installation, and production data from the system's monitoring app.
Sizing up a PPA dispute
For commercial matters, we review the full contract set, including interconnection, financing, and construction agreements, because a PPA dispute often ripples into each of them. We look at notice deadlines, dispute resolution clauses, and the evidence of what caused the delay or shortfall. For homeowners, we look at how the contract was sold, whether required disclosures were made, and whether the provider has a complaint process that should be used first. Some residential contracts include arbitration clauses and class action waivers. In either setting, whether to keep paying or performing while a dispute is pending is a decision to make with advice, since stopping can create a breach of its own.
