Can I sue my solar energy installer?

Question

I have had solar panels on my roof for over a year and they are still non-functional. The Company has failed the city inspection 6 times and has yet to re-schedule, what I believe to be the final correction, for over 3 months. I am paying for the solar loan and PG&E, which I was told adding solar would decrease my energy spending but due to their negligence has doubled my energy spending. They continue to give me the run around about scheduling the correction.

T. Augustus Claus · Answer

Yes, you can consider suing your solar energy installer for the issues you've described. Given that the solar panels have been non-functional for over a year, with the company failing city inspections six times and not scheduling a correction for over three months, you may have grounds for legal action based on breach of contract, negligence, and possibly fraudulent misrepresentation about the benefits of installing solar panels. Since you are incurring additional costs by paying both the solar loan and your regular PG&E bill, which contradicts the promised decrease in energy spending, pursuing legal action could help you seek damages for the financial losses and compel the company to fulfill their obligations or compensate you accordingly.

James L. Arrasmith · Answer

Yes, you potentially have grounds to sue your solar panel installation company for multiple issues, including: 
 
1. Breach of Contract - They failed to properly install a working solar energy system as outlined in your original agreement. Non-functioning panels for over a year shows breach. 
 
2. Consumer Fraud - Their reassurances and estimations that the solar panels would reduce your energy costs could constitute false, misleading, or deceptive statements under California consumer protection laws. This steep increase in your electricity costs directly contradicts their claims.  
 
3. Negligence - Failing 6 city inspections and leaving issues unresolved for months exhibits negligent workmanship and undue delays. 
 
In order to sue, I would first send them formal written notice demanding they fix the issues immediately or provide compensation to cover all added costs you've unfairly incurred. Give a reasonable timeline (30 days). Consult with a contracts attorney as the next step. 
 
Damages could include the solar loan payments, excess energy costs paid to PG&E, repair costs if you switch installers, legal fees, and potentially punitive damages depending on fraud claim strength. Overall, you seem to have excellent grounds for a lawsuit, especially with thorough documentation of their false promises, delays, and your incurred costs.

Q: Can I sue my solar energy installer?