Legal & Engineering Governance

A lawyer can draft a penalty clause, but if that penalty isn't explicitly tied to the physics of battery degradation, the EPC contractor will simply engineer their way out of paying it. In standard solar PV engineering, Liquidated Damages (LDs) are relatively straightforward. If the EPC delays the Commercial Operation Date (COD) by three weeks, you levy a generic Delay LD. If the Performance Ratio (PR) of the solar array misses the mark during the initial testing period, you