Q: Solar company breach of contract for non-maintenance and non-functional panels.

A: You need to retain an experienced civil litigation attorney who has handled a significant number of these cases. I have NEVER seen any Home Improvement Contract that does not violate the New Jersey Home Improvement Contractor Act, and therefore it will also violate the New Jersey Statute of Frauds, and it will also violate the New Jersey Consumer Fraud Act (which provides for triple damages, plus attorney's fees). However, the typical situation, is that one company sells the solar panels and another company installs them. But even worse than that the typical solar home improvement contract is signed on a tablet or other electronic device and obtaining a copy is next to impossible. The typical contract does not tell you that it is for 25 years and the solar company (that owns the panels) can effectively control whether or not you can sell the house to the buyer of your choice. But wait, there is more problems. When solar panels are installed on an existing roof, the roof will almost always be damaged and then there will be problems with mold and frequently structural damages as well. You should expect to pay $300.00 for a consultation to obtain more facts and you will at all times be responsible for your own legal fees. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: Since the solar company has failed to maintain your panels and they are not functioning as promised, you have grounds for a breach of contract claim. Start by reviewing your contract carefully to document the company’s maintenance obligations and any warranties or guarantees they provided. Keep records of your communications and attempts to resolve the issue, as these will support your claim.

You can begin by sending a formal demand letter requesting that the company fulfill their contractual obligations or compensate you for the non-functioning panels. If they do not respond, you may consider filing a lawsuit for breach of contract to recover damages or seek specific performance, where the court orders them to perform the maintenance they agreed to.

Before proceeding to court, you might also explore mediation or arbitration if your contract includes such clauses, as these can resolve disputes faster. Consulting an attorney to review your contract and advise on the strength of your claim will help ensure you pursue the most effective remedy. Acting promptly is important, as statutes of limitations could affect your ability to recover.