GE has filed a defence in the case taken by CIP-Iberdrola joint venture over alleged plans to walk away from construction and maintenance of the 806MW Vineyard Wind project off the US north-east coast.
The US OEM said in a new filing that a clause in its contract for the wind farm, which governs payment of owed monies within 30 days of a due date, allows it to terminate the turbine supply agreement.
GE claims the developers have failed to pay more than $360m owed.
Vineyard Wind “is trying to hold” GE to terms it “gave up at the bargaining table”, according to GE.
“Vineyard Wind, however, is bound by the deal it struck – not the deal it wanted but did not get. Vineyard Wind cannot establish a likelihood of success on the merits of its claim for injunctive relief, and its motion fails for that reason alone.”
Lawyers representing Vineyard Wind earlier said that the turbine supplier sent a termination notice in February threatening to cancel the turbine supply agreement because of money GE says it is owed under the $1.3bn agreement.
The Iberdrola-CIP joint venture countered that it is withholding money from GE Renewables because “admittedly poor performance has caused nearly two full years of delays and given rise to substantial claims” by Vineyard Wind against the turbine supplier.