When a solar or battery system has gone wrong and the parties disagree about why, we investigate, analyse the data and write a report that a court, arbitrator or adjudicator can rely on, starting with an early view on the strength of the claim.
- Preliminary technical view on the strength of a claim
- Site inspection before evidence is disturbed
- Data analysis of underperformance, defects and delay
- Reports to CPR Part 35 and the Scottish equivalents
- Review of the opposing expert's report; joint statements
Disputes on solar assets arrive roughly eighteen to thirty-six months after energisation, when the performance ratio has settled below the guarantee, the defects have started to show, and the parties have stopped agreeing about why. Resolving them needs someone who can read the string-level data, walk the site, understand the contract test method, and then explain all three to people who are not engineers.
Disciplines
- Solar PV underperformance: performance ratio and availability shortfall, yield model error, degradation and module quality
- Electrical and DC-side defects: string design, cabling, connectors, protection, isolation and earthing
- Inverter and BESS failure, derating and warranty disputes
- Mounting, geotechnical and structural issues on ground mount and rooftop systems
- Commissioning, acceptance testing and handover disputes
- O&M performance against contract
- Delay and disruption where the cause is technical
Format
Reports are prepared to the requirements of CPR Part 35 and the Civil Justice Council guidance for expert evidence, or the equivalent for Scottish proceedings, arbitration and adjudication. The expert’s duty is to the tribunal, not to the instructing party, and the report says so in its first paragraph.
Early-stage work is often more useful than a full report: a preliminary technical view on the strength of a claim, a site inspection before evidence is disturbed, or a review of the other side’s expert report.
Instruction and fees
Apex is based in Glasgow and accepts instructions across the UK and Ireland, and on European assets where the governing law or the tribunal permits. Instructions are taken subject to a conflict check against the published independence policy and any prior involvement with the asset or the parties. Fees are quoted on instruction: hourly for investigation and reporting, with a day rate for hearings.
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.