Joint Court of Justice Issues Interim Ruling in SEC vs. Sunshine Real Estate Solar Park Dispute

BES reporter writes that the Joint Court of Justice has issued a new interim ruling in the ongoing legal dispute between Saba Electric Company (SEC) and contractor Sunshine Real Estate (SRE) regarding the construction of the solar park on Saba.

The case dates back to 2019. It centers on whether the foundation piles of the solar park were installed correctly and, specifically, whether they should have been drilled or driven into the ground.
The Court has previously ruled in favor of SRE’s position that pile driving was the agreed-upon method, noting that SEC appeared to have accepted the construction method during the building process.

The Court of Justice has now announced the appointment of an independent expert to assess whether the solar park meets hurricane-resistance requirements. Both parties have until 14 May 2025 to submit their comments on the choice of expert and the research questions to be posed.
The Court has reiterated that the burden of proof rests with SEC. Should the expert investigation leave significant uncertainty unresolved, this may weigh against SEC’s position. Meanwhile, SEC has already opted to pre-finance repairs to the foundations at a cost of $950,000 USD in order to restore the solar park to operation before year-end.
The case is still pending, and the expert investigation is expected to be decisive for the final outcome.

Solar magazine