San Antonio, TX asked in Construction Law and Contracts for Texas

Q: I signed a solar contract on March 9th 2022. Contract stated install within 65 days but could have unforeseen variables

It has been 5 months and they kept blaming cps for delays. I have been in contact with CPS and they show no active work order on my account. Found out today they messed up on the contract and cps has been rejecting it. They want me to sign a new contract. Stated if I don't original contract is still valid and I would have to pay cancelation fee and plans and permit fees. Is this true?

Related Topics:
1 Lawyer Answer
Arturo C. Aguilar
PREMIUM
Arturo C. Aguilar pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Construction Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: You should not have to sign a new contract. The former contract is valid and enforceable. If you sign the new contract, you will have waived any remedy at law or in equity.

Unforeseen variables must be reasonable, but without actually reading your contract, I cannot be for sure. Here are some examples which should help you. They are hypotheticals so you could understand.

Say for example that there is a hurricane which will last about a week, and there is much disruption to business and all public utilities. Most judges would agree that waiting a few weeks is fine. But after 5 months, I find that to be unreasonable. They are probably backed up, and are more than likely threatening you with cancellation fees. You can probably have a court enforce or declare that the contract has been breached by way of a declaratory action. This one is up to you. A lawsuit will cost you anywhere between $300 dollars, to $450, plus the legal fees for drafting a lawsuit, which would be north of $700.

A lawyer can help you send a demand and this should cost you no more than $500. This will get their attention.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Aguilar Law Firm via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient.

You should not send us any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Aguilar Law Firm. Aguilar Law Firm disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.