As the renewable energy sector adapts to shifting federal policy and market pressures, developers and owner-operators face a narrowing window of time to capitalize on federal energy tax credit incentives. The “One Big Beautiful Bill Act” (OBBBA) dramatically shortened the deadline to qualify for federal tax credits: wind and solar projects must either begin construction by July 4, 2026, or reach commercial operation (COD) by December 31, 2027. This maintains a window of opportunity, but it won’t last long.
In August this year, the Treasury Department released updated guidance on start-of-construction qualification for wind and solar projects seeking to capture the IRA tax credits that were revised in July’s federal reconciliation bill. Treasury removed the 5% safe harbor, which previously allowed projects to qualify as “under construction” if at least 5% of total project costs had been incurred.
Now, project sponsors are left relying on the physical work test threshold—meaningful construction activity at the project site is essential to qualify projects as having started construction. While this raises the bar, certain provisions offer an alternative route: binding contracts for equipment uniquely specified for the project may still provide a pathway to eligibility.
There is still a chance that Treasury could release additional guidance, especially for updated restrictions regarding Foreign Entities of Concern (FEOC). Adding to the complexity, all wind and solar permitting is now subject to the Department of Interior, and ongoing tariff concerns for critical components are creating additional hurdles for meeting the eligibility deadlines. However, project developers continue to move assets forward and Ulteig remains positioned to help navigate these challenges on accelerated project timelines.
The Role of Independent Engineering in De-Risking M&A
With shifting federal policies, new incentive deadlines and evolving eligibility guidelines, every decision in a potential M&A scenario carries heightened stakes. For stakeholders seeking clarity, Independent Engineering (IE) provides more than just technical assessments—it delivers confidence in the face of ambiguity.
By leveraging unbiased third-party evaluations, you can gain a comprehensive understanding of a project’s or portfolio’s strengths, risks and underlying assumptions. Early identification of critical risks or “fatal flaws” allows for stronger negotiation positions and better-informed investment decisions. IE not only reviews the technical soundness of a project but also analyzes contracts, permitting status and energy production estimates—helping to spot vulnerabilities before they become obstacles.
Ulteig’s Holistic Approach to Project Delivery and Owner’s Representative in Today’s Market
“Complexity doesn’t end with due diligence. As policy changes cascade into permitting, interconnection and supply chain risks, developers and owners need holistic insight—not just a checklist. A knowledgeable partner can help navigate these intersections, offering strategic guidance that aligns with both immediate priorities and long-term value creation,” says David Schmitz, Ulteig’s Manager of Project Management.
Ulteig’s deep bench of engineering expertise and energy market knowledge positions us as a trusted partner for developers and IPPs. Our Project Delivery and Owner’s Representative services extend beyond IE to include:
- Owner’s Engineering (OE) to guide projects from inception to completion, or at any point along the way, placing the owner’s interests at the heart of the project lifecycle.
- Program and Project Management (PM), Project Controls and Construction Management (CM) to augment client teams with skilled staff and accelerate project delivery timelines.
Clients can benefit from expertise that integrates technical analysis with market conditions and project delivery experience. This collaborative approach means staying ahead of regulatory changes, anticipating hurdles and building flexible strategies that keep projects on track—even as requirements shift. While the immediate priority for developers will be advanced-stage projects with near-term COD, this integrated approach allows Ulteig to support clients throughout the full lifecycle of a project—from acquisition through commercial operation—ensuring continuity, clarity and confidence in every decision.
Learn More About Ulteig’s Vision to WIRE THE FUTURE
By strategically collaborating with clients, partners and industry stakeholders, Ulteig is helping to accelerate the future of the US power grid through megaprojects and the Journey of a Line. Download the full report.
