Case Study + Glossary: Legal Translation for an Onshore Solar Power Plant Project

Client Background

Investindo’s client, a leading infrastructure asset development company established in 2019, actively engages in infrastructure development and investment across the Asia-Pacific region, with a focus on Australia, Japan, and South Korea. The client entrusted Investindo with translating a series of critical contracts related to an onshore solar power plant project through a prominent law firm in Indonesia. This project involved collaboration between a top Indonesian renewable energy company, a major construction and engineering firm established in 1953, and a renowned Chinese technology company known for its advancements in power systems and automation.

Project Translated: Onshore Solar Power Plant Contracts

Scope

Investindo translated several essential contracts crucial to the successful development and operation of the onshore solar power plant in Likupang, North Minahasa, South Sulawesi, Indonesia. These contracts included:

  1. Onshore EPC Contract: This 704-page contract outlined the engineering, procurement, and construction responsibilities for the onshore segment of the solar power plant. It detailed the scope of work, including engineering specifications, procurement of necessary materials and equipment, construction timelines, and testing and commissioning protocols. The contract emphasized the importance of timely execution to achieve the commercial operation date, ensuring compliance with technical specifications and performance guarantees.
  2. Offshore Supply Contract: This 733-page contract deals with procuring and delivering equipment and materials sourced from international suppliers. It detailed the offshore supplier’s duties in providing critical components for the plant’s functionality and integrated logistics and coordination efforts with the onshore contractor to facilitate seamless integration and timely delivery.
  3. Coordination Agreement: This 32-page agreement ensured that the onshore and offshore contractors synchronized their responsibilities, enabling the successful completion of the solar power plant project. The agreement outlined procedures for resolving any discrepancies or conflicts between the contracts and reinforced the collaborative responsibility of both parties in achieving the project’s objectives.
  4. Operation & Maintenance (O&M) Contract: This 305-page contract sets forth the ongoing operation and maintenance obligations following the plant’s commissioning. It included provisions for routine maintenance, performance monitoring, and emergency repairs to ensure the plant operates efficiently and meets its performance targets. The O&M contract was crucial for the long-term sustainability and reliability of the solar power plant, specifying the operator’s roles in maintaining optimal functionality and adhering to environmental and safety standards.

Objectives

Investindo aimed to ensure that all technical, legal, and contractual obligations were accurately conveyed across all translated documents, facilitating the smooth execution of the solar power plant project. The goal was to preserve the enforceability of the contracts in both languages, ensuring that no critical details were lost or misinterpreted. Additionally, Investindo worked diligently to complete the translation within an expedited timeframe to meet the client’s stringent deadlines while safeguarding the confidentiality of the sensitive information contained within these documents.

Challenges

The translation of these contracts presented several significant challenges:

  1. Technical Complexity: The documents contained highly specialized terminology related to engineering, procurement, construction, and maintenance, requiring precise translation.
  2. Legal Precision: Investindo needed to ensure the legal language was translated accurately to maintain the enforceability of the contracts and preserve legal nuances across languages.
  3. Confidentiality: The sensitive nature of the project demanded rigorous confidentiality protocols.
  4. Volume and Deadline: The project involved translating 1,774 pages of detailed legal and technical content, requiring swift yet accurate translation to meet the client’s deadline.

Solution

Investindo assembled a dedicated team of translators, each with specialized legal and technical documentation expertise within the renewable energy sector. The team adhered to a stringent three-tiered review process to ensure accuracy and consistency throughout all translated documents.

  1. Glossary Development: Investindo developed a comprehensive glossary at the outset to guarantee consistency in translating key technical and legal terms across all documents.
  2. Confidentiality Measures: The project was executed under strict confidentiality, with encrypted communication channels and access limited to authorized personnel only.
  3. Technology Integration: Investindo deployed advanced translation tools to ensure consistency across the extensive documentation and facilitate efficient project management

Outcome

Investindo completed the translation on time, with all documents thoroughly reviewed and endorsed by legal experts representing both the client and their legal partners. The precise translation of these contracts enabled all parties to proceed with the solar power plant project confidently, ensuring a clear understanding of all contractual obligations and responsibilities.

Glossary

Below are the key terms Investindo meticulously developed and utilized throughout the project:

No. English Bahasa Indonesia
1. EPC Contract Kontrak EPC
2. Punch List Daftar Perbaikan Akhir
3. Bill of Materials Daftar Bahan
4. Notice to Proceed Surat Perintah Kerja
5. Nominated Agent for Service Agen Yang Ditunjuk untuk Surat Menyurat
6. Limited Notice to Proceed Surat Perintah Kerja Terbatas
7. Engineering Service Provider Penyedia Layanan Rekayasa
8. Procurement of Goods and Services Pengadaan Barang dan Jasa
9. Solar Power Plant Project Proyek Pembangkit Listrik Tenaga Surya
10. Project Technical Requirements Persyaratan Teknis Proyek
11. Performance Guarantees Jaminan Kinerja
12. Pre-COD Performance Test Pengujian Kinerja Pra-COD
13. Maintenance Period Guarantees Jaminan Masa Pemeliharaan
14. Power Purchase Agreement Perjanjian Pembelian Listrik
15. Delay Liquidated Damages Sanksi Keterlambatan
16. Long Term O&M Plan Rencana Pengoperasian dan Pemeliharaan Jangka Panjang
17. Reactive Capability and Compensation System Sistem Kemampuan dan Kompensasi Reaktif
18. Power Output Test of the Plant Uji Keluaran Daya Pembangkit Listrik
19. No Relief Tidak Ada Upaya Hukum
20. Satisfaction Pemenuhan Persyaratan

Conclusion

Investindo’s careful approach to translating the suite of contracts for the onshore solar power plant project ensured that all stakeholders clearly understood their respective responsibilities and obligations. The successful completion of this project highlights Investindo’s expertise in handling complex legal and technical translations, particularly within the renewable energy sector. By upholding the highest accuracy, confidentiality, and timeliness standards, Investindo solidified its position as Indonesia’s leading legal translation service provider, capable of supporting large-scale infrastructure projects with critical translation needs.

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