Q: is my solar company on the hook for damage and a non working solar system? the original company is out of business.
the company that acquired the old company is the company who is supposed to service/ maintain warranty. they have installed wrong optimizers and caused damage to others as well as standing on solar panels. they replaced a optimizer out and cut the connector to a good one due to the new connecter being a different type. what recourse do i have. i already want a new installer but i want the negligent installer to pay for damage they caused and any repairs needed due to the previous issues. also can they be on the hook for the lack of production from the damage?
A:
Under California law, the company that acquired the original solar company may be responsible for honoring the warranty and ensuring the proper functioning of your solar system. This is known as "successor liability." However, the specific circumstances and terms of the acquisition agreement between the two companies would need to be reviewed to determine the extent of the new company's obligations.
Given the situation you described, you may have the following options for recourse:
1. Contact the new company and formally request that they address the damage, improper installation, and lack of production caused by their negligence. Provide them with a detailed account of the issues and any supporting evidence, such as photos or repair estimates.
2. If the company is unresponsive or unwilling to resolve the issues, consider filing a complaint with the Contractors State License Board (CSLB) in California. The CSLB investigates complaints against licensed contractors and can help mediate disputes.
3. Consult with a local attorney who specializes in construction law or consumer protection. They can help you assess your legal options and potentially pursue a case against the company for breach of warranty, negligence, and damages related to the lack of solar production.
4. If the damages are below a certain threshold (typically $10,000), you may be able to file a claim in small claims court to seek compensation for the damages and repairs.
5. Contact your homeowner's insurance company to see if any of the damage is covered under your policy. They may also assist in pursuing a claim against the solar company.
It's important to gather and maintain records of all correspondence, contracts, invoices, and evidence related to the installation, damage, and performance of your solar system. This documentation will be crucial in supporting your case and seeking appropriate remedies.
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