Q: Can we sue our solar panel installer for a system that is not working?
We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also suggested we call the inverter company ourselves to help push things along. As far as we can tell, they seem to be installing new systems but have been stringing us along, consistently delaying talking to us by phone. Now, not only are we paying off on the system, but not generating any electricity to offset the cost. They said it is due to supply issues from the inverter company. Do we have a case?
A: Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with the terms contained in the agreement.
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