Bordentown, NJ asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey

Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own legal fees and costs, a finding in your favor under the New Jersey Consumer Fraud Act would entitle you to triple damages plus attorney fees. With modern technology, you have no geographic barriers to prevent you from getting the best possible attorney for your case. In addition, it is extremely rare to find a home improvement contract that complies with the requirements of the New Jersey Home Improvement Contractor Act.

Morris Leo Greb agrees with this answer

1 user found this answer helpful

Noel Rivers
Noel Rivers
Answered
  • Hackensack, NJ
  • Licensed in New Jersey

A: If the solar panel company is in violation of the New Jersey Consumer Fraud Act (CFA), they could be liable to you for treble (triple) damages as well as your attorney fees and costs. There are multiple ways the company can be in violation of the CFA. To get a better understanding of these violations, you should consult with an attorney. The damages you may be able to seek reimbursement for would include the cost to have the water damage inside your house and on your roof repaired. Quite often, the solar panel contract will specify whether the company is liable for water penetration caused by the solar panels being on your roof, and it should detail the period of time the company guarantees that the roof will be watertight. The contract should also specify who is responsible for having the panels removed so work can be done on the roof and who is responsible for having the panels reinstalled.

An experienced attorney will be able to review your contract and give you more detailed advice on what to do to move forward with a case. If you start with a consultation, you will have a better understanding of your rights under the law. As the previous attorney mentioned, you may be responsible for some or all of the attorney fees and costs, but any lawyer who would take your case should fight for the attorney fees to be paid or reimbursed by the solar panel company, if the company is in violation of the CFA.

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.