In rooftop distributed photovoltaic power generation projects, the construction unit and the factory usually cooperate in the form of roof leasing. The factory owner owns the plant, while the construction unit owns the property rights to the solar equipment. During the 25-year operation cycle, if the factory transfers the entire plant to a third party, and then the third party unilaterally dismantles the photovoltaic equipment on the roof, can the construction unit claim for investment loss and power loss?
Let's dive into the question. After the transfer of the project, are the rights and obligations in the "PV Power Plant Contract Energy Management Contract" also transferred to a third-party company?If so, the third-party company, as the successor to the contract, should continue to perform its rights and obligations under the contract. However, if a third-party company unilaterally dismantles the PV power generation equipment during the renovation of the project, then they should bear the tort liability. Specifically, they are required to compensate the plaintiff for the loss of investment and pay the corresponding electricity bills.
From the court's judgment, we can see that the construction unit does have the right to claim for investment losses and power losses. Because the third-party company dismantled the photovoltaic power generation equipment without the consent of the construction unit, this is undoubtedly an infringement of the rights and interests of the construction unit. Therefore, the court's judgment drew a clear line for this incident and also provided due legal protection for the construction unit.
Photovoltaic power generation