we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations

Question

we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations, because we have a standing seem metal roof. the said no problem at all. before they began i reminded them about no holes in the roof. the job was going smooth until the 21 of December. they show up again on the 5 of January then i get told they were sick all the next week. finally they show up on the 21 of January and put a hole in my roof for the installation i called them the next day asking them to fix it and i'm told they don't have time until next month. there is a significant weather system expected on Friday. my roofer says he needs 48 hours for the sealant to cure. the solar company said they will be hear Thursday. it rains Friday morning. my question is who is responsible for the repair? when can i repair it without voiding anything.

Pavel Kolmogorov · Answer

The solar contractor is most likely responsible for repairing the hole in your roof caused by their installation. According to California law, contractors are responsible for their own negligence that causes injury or damage to the property they are working on. In your case, the contractor was explicitly instructed not to make any roof penetrations, yet they did so, which constitutes negligence on their part and breach of contract. 
 
You can repair the roof immediately without voiding any warranties or agreements. Repairing the roof to prevent further damage due to the imminent weather would not void any warranties. 
 
The contractor's failure to adequately protect the structure from weather damage can result in liability for any resulting damages.  
 
In summary, the solar contractor is responsible for the repair, and you should proceed with the necessary repairs immediately to prevent further damage.

James L. Arrasmith · Answer

The solar contractor is generally responsible for ensuring their work aligns with the agreement you made, especially since you explicitly stated that no roof penetrations were acceptable. Since they disregarded your instructions and made a hole in your roof, they could be held liable for any damage caused by their actions. It’s important to document everything, including your initial agreement, the breach of your instructions, and the current state of the damage. 
 
Given the urgency of the weather system, you may need to take action to protect your property. Speak with the contractor and inform them in writing of your concerns, emphasizing the immediate need for repairs before the rain. If they cannot resolve the issue in time, you may need to hire your own roofer to make the repairs. Be sure to document the entire process and notify the contractor beforehand to preserve your rights. 
 
If the contractor disputes responsibility, it could be necessary to seek legal remedies. Keep all contracts, communications, and photos of the damage as evidence. In the meantime, make sure any repairs your roofer performs align with industry standards to avoid complications with warranties or further issues. You should prioritize protecting your property while maintaining thorough documentation for potential disputes later.

Q: we hired a solar contractor to install a solar system, before sighing anything i told them we want no roof penetrations