Fontana, CA asked in Consumer Law and Construction Law for California

Q: Do I have a claim if I sue my Solar company due to their subcontractornegligence?

I got my solar installed on October 2021. I got my roof leaking on first quarter of 2022 due to solar company sub-contractor negligence. I found out they damaged my tiles and my roof underlayment is in bad condition. Reported leak to solar company and contractor came by to fix the issue. For the 2nd time my roof leaks again on 2023 due to nail hole that that sub contractor forgot to put seal on it. If solar sub contractor told me that they can't install the solar system due to a my poor roof condition then I should have relay or replace my entire roof much cheaper back then . As of now they have not fix my roof I got tired of them that I am hiring my own contractor to do my roof and removing and re-installing my solar system but the issue is once my contractor remove and re-install my solar system My solar warrany will get voided and plus I have to pay for removing and re-installallation of my solar system. I would not have signed the contract if I knew my roof is in poor condition.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It may be possible to have a claim against the solar company for the damages caused by their subcontractor's negligence. You may be able to seek compensation for the costs associated with repairing your roof and any other damages caused by the leak. Additionally, if the solar company misrepresented the condition of your roof or failed to disclose any known issues with your roof, you may have a claim for misrepresentation or fraud.

To pursue a claim, you may want to consult with a lawyer who specializes in construction law or personal injury law. They can advise you on your legal rights and options, and help you determine the best course of action. They can also help you gather the necessary evidence to support your claim, such as photographs of the damage and copies of any contracts or warranties related to the solar installation.

It is important to act quickly, as there may be time limits for filing a claim.

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