Wind farm complaint
OHIO — Edison Mission Group, the owner of Big Sky wind farm north of Ohio, has responded to a complaint filed against it by Suzlon Energy Ltd., the company which had made the turbines used by the wind farm.
Suzlon Energy Ltd. filed its complaint against Big Sky earlier this year claiming Big Sky improperly refused to make a prepayment for turbines supplied to Big Sky. The Ohio-based wind farm bought 114 Suzlon turbines in October 2009 for the Big Sky project.
According to the 25-page Big Sky response filed Nov. 2 in New York’s Supreme Court, the relationship between Suzlon and Edison Mission Energy dates back to approximately 2005.
Concerning the Suzlon charges, Big Sky’s response states Big Sky is required to prepay the loan to Suzlon only if four conditions are all satisfied on the same date. As of Aug. 9, Big Sky denied the four mandatory prepayment conditions had been satisfied because numerous un-remarked serial defects affected the wind turbines supplied by Suzlon.
Big Sky admitted it received a letter from Suzlon dated Aug. 9, but denied any allegation the prepayment conditions had been satisfied as of that date because numerous un-remedied serial defects in design affected wind turbine generators supplied to Big Sky by Suzlon. Big Sky did concede the first three prepayment conditions had been satisfied.
Suzlon is alleging there are no un-remedied serial defects at the Big Sky project, as of Aug. 8.
The counterclaim by Big Sky seeks a declaratory judgment that patent and/or latent design defects in the wind turbines sold by Suzlon to Big Sky constitute “serial defects” under the language of the parties’ turbine supply agreement and that the existence of any un-remedied serial defects in those wind turbines precludes Suzlon from collecting prepayment on a vendor finance loan it made to Big Sky.
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