Squirrel damage question

[ajpslp]

Just reviewing some stuff with friend of mine about squirrel damage to wires on panels . We both have solar panels and referred tons of business. So the question came up if there is damage due to squirrels eating panel wires or damage to wires who pays for that ? is it included in a lease ? Dealer says not covered , but didnt see it anywhere thoughts comments?

[Ian S]

From my lease document:

Lessor shall bear the risk of loss, damage, theft, destruction or similar occurrence of any part or all of the System during the time the System is either installed on your Premises or is being installed on or removed from your Premises, except in the event that you damage or destroy the System intentionally or through your negligence, in which case you will be held responsible for the cost of such damage or loss to the System.

Panel wires are part of the system. I think the dealer is wrong.

[russ]

From my lease document:

Panel wires are part of the system. I think the dealer is wrong.

I agree with Ian - No way the leasing company can exclude such a thing.

[Sunking]

I agree with Ian - No way the leasing company can exclude such a thing.

Wait a minute guys. If you signed a lease that states you are responsible, you own the problem. No different than leasing a car, you wreck it or the blue bird of paradise poops on it and ruins the paint job, you fix it. Only thing that might help is your homeowners insurance policy if you were smart enough to add it to your coverage. Otherwise it is your problem.

[Wy_White_Wolf]

All depends on the wording of the lease. A squirrel chewing the wires might be considered an act of God but you could still be held accountable for it.

WWW

[Ian S]

Again, my lease document is crystal clear on who is responsible for damage and it's not me. Other leases may differ but the one I saw from SolarCity (back in 2011) was clear too. I would only be responsible for intentional or negligence-caused damage. The Lessor is responsible for everything else.

[Mike90250]

Ah, you neglected to prevent the damage.

[Shockah]

Leases-Smeases...

He with the better attorney wins.

[russ]

The potential for squirrel damage can be lessened with good installation methods - no way the leasing company is off the hook.

Conversely, the potential for damage (excessive exposed wires) can be maximized by poor installation methods.

Can the leasing company claim they were not aware of the potential? Nope - it is their problem.

[Ian S]

ah, you neglected to prevent the damage.

lol!

[SunEagle]

IMO. The wording in every legal document is always open to interpretation. And as Shockah stated "the better Attorney wins"

I would think that system issues due to equipment failure, poor installation or improper materials used is certainly the Lessor's responsibility to replace and fix.

As for damage caused by; the wind, earthquakes, floods, fires, human vandalism, animals, insects, solar flares . That type of damage is covered (maybe) under the homeowners insurance policy.

I don't see how the Lessor can be held responsible for those types of damage unless they have put in place some means to mitigate all of those things and have promised to protect the system under any and all circumstances.

As for squirrels (or rats) chewing on exposed wiring... unless those wires were required (by code) to be in protective tubing but were purposely left out by the Contractor to save them some money I can't believe the Lessor is responsible for that type of damage.

[KenZ71]

Regardless who is responsible the homeowner should trim back trees to prevent animal access.

Squirrels are evil. They will find a way into your attic and do much more damage than a few wires.

[paulcheung]

Regardless who is responsible the homeowner should trim back trees to prevent animal access.

Squirrels are evil. They will find a way into your attic and do much more damage than a few wires.

That is why I have k9 for.

[Ian S]

How is the following open to interpretation?

Lessor shall bear the risk of loss, damage, theft, destruction or similar occurrence of any part or all of the System during the time the System is ... installed on your Premises

Furthermore, The leasing companies tout the coverage in their marketing and emphasize it in their sales spiels. I don't care how good a lawyer you have, weaseling out of the clear and concise language in the lease that is supported by all the other context is I would submit well nigh impossible. Maybe a lawyer can chime in with how it would be done at a reasonable cost.

[Mb190e]

I did not lease my system, I bought it outright but I did have them install bird and squirrel guard just because of these kinds of stories that I've read.