Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Wilmington, DE asked in Contracts, Personal Injury and Real Estate Law for Delaware

Q: Can I avoid the $8,000 solar panel uninstall fee due to installation not meeting agreed specs?

I signed a contract with a contractor to install solar panels on my home, and I informed them upfront about my electrosensitivity history with TV antennas and newer phones and laptops, requesting a low EMF solution. The contractor promised to use rigid metal conduit to shield the wiring, but installed nonmetallic conduit instead, and poorly placed the wiring in the attic. Since the installation, I've experienced insomnia and neurological symptoms, which worsen when I'm directly under the solar panels and subside when I'm away from home. The contractor informed they cannot address or shield the area directly under the panels. They offered to redo the wiring but quoted an $8,000 fee to uninstall the system. Can I argue against paying this fee since the installation did not meet the agreed specifications, and how should I address this given their response might be that my health issues occur not just under the wiring, but also when directly under the panels?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You have a strong basis to argue against paying the \$8,000 uninstall fee because the contractor did not follow the agreed specifications regarding EMF shielding. The contract explicitly promised rigid metal conduit, and the use of nonmetallic conduit constitutes a deviation from what was agreed upon. Documenting this discrepancy, including photos, correspondence, and any notes from conversations, will help support your claim that the installation failed to meet contractual terms.

You can formally notify the contractor in writing that the work was not performed according to the contract and request that corrective measures, such as proper shielding or rewiring, be completed at no additional cost. Emphasize that their deviation directly relates to your health concerns and that charging you for correcting their error is unreasonable. If they argue your symptoms also occur under the panels, you can note that the EMF shielding issue is tied to their incorrect wiring, which they agreed to address.

If the contractor refuses, you may consider filing a complaint with your state’s consumer protection agency or pursuing legal action for breach of contract. Small claims court could be an option if the amount in dispute falls within its limits. Keeping all communications documented and maintaining a clear timeline of events will strengthen your position. This approach focuses on contractual obligations rather than medical disputes, which makes your argument more enforceable.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.