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Borinquen Solar sues Mayagüez for $236K contract debt

A solar panel installed on a rooftop in Puerto Rico.

Borinquen Solar Corp. has filed a lawsuit against the Autonomous Municipality of Mayagüez, alleging breach of contract and seeking $236,825.84 in payment for renovation work at Head Start Centers under a municipal agreement.

According to the complaint, the parties signed Contract No. 2023-000450 on April 12, 2023, and registered it with the Comptroller’s Office. The agreement required Borinquen Solar to perform renovations at several Head Start Centers in Mayagüez in exchange for $845,751.90, payable within 30 days of invoicing.

In its filing, Borinquen Solar alleges it fulfilled its contractual obligations but was prevented from completing work at one center, Montoso. That reduction, the suit claims, cut about $236,702 from the contract amount.

“The Municipality of Mayagüez owes the amount of $236,825.84 for the percentages withheld from construction work, and the profits lost, and costs incurred, and work performed, accepted and not paid for,” the filing states. The company argues the sum is “due, liquid and payable.”

Borinquen Solar says it repeatedly attempted to collect payment for completed work, withheld funds and lost profits, but its efforts were ignored. The lawsuit describes the municipality’s actions as a “contumacious and reckless” breach of the agreement that forced the company to seek judicial relief.

The company is asking the court to order Mayagüez to pay the outstanding amount, along with legal costs, attorney’s fees and any other remedies the court finds appropriate.

The case was filed in Mayagüez Superior Court late last month. A response from the municipality was not immediately available.

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