A Massachusetts judge has denied an appeal by GE Vernova in its legal dispute with Vineyard Wind, leaving a preliminary injunction in place for the Vineyard Wind 1 offshore wind project.
The case is being heard at Suffolk County Superior Court. Earlier this year, Vineyard Wind, a joint venture between Avangrid and Copenhagen Infrastructure Partners, sought the injunction after receiving a contract termination notice from GE Vernova. The developer argued that the turbine supplier was trying to exit the project at a critical stage.
The injunction was granted on 17 April. The court accepted the argument from Vineyard Wind that termination could cause irreparable harm, citing the technical role, expertise and proprietary technology of GE Vernova in the project.
In its April ruling, the judge found that Vineyard Wind 1 was at a critical phase and that termination by GE Vernova could set back the project and threaten financing. The court also found that commissioning depended on the company’s technology and expertise.
GE Vernova appealed, arguing that the project had reached its commercial operation date on 24 April under its power purchase agreements. The company also referred to a 27 April announcement by the Massachusetts Governor that the Vineyard Wind contracts had been activated, saying this indicated completion.
The turbine supplier also asked for the case to be sent to arbitration. It said the offshore wind farm had reached COD, so its exit would no longer cause irreparable harm.
The judge rejected that position, finding that COD and contract activation did not show the project no longer depended on GE Vernova to reach full operational capacity.
The dispute began after GE Vernova issued a termination notice under a contract clause linked to unpaid amounts. The company argued that withheld payments by Vineyard Wind triggered its right to end the contract.
According to court documents, a project engineer appointed under the contract determined that GE Vernova owed Vineyard Wind more than $500 million, approximately €425 million, in claims. Based on those determinations, Vineyard Wind withheld about $308 million, approximately €264 million, in payments to GE Vernova.
The withheld payments relate to project delays caused by turbine blade defects under the responsibility of GE Vernova. The defects were discovered after a blade failure in 2024.
