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?

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1 Lawyer Answer
Arturo C. Aguilar
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  • 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.

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