Install nightmare - Breech of contract -- what do we do?

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  • Bonnie
    Junior Member
    • Aug 2014
    • 10

    #1

    Install nightmare - Breech of contract -- what do we do?

    HELP!!!! (Please!)

    We are in the middle of a solar install, and we have a BIG problem. We don't know where to turn.

    Quick story:
    We negotiated for 26 295-watt panels with Enphase Micro inverters M250. Contract is for a 7.6 kWh system, consisting of 26 290-watt panels. (We didn't notice the typo until everything else went wrong). As they were deciding where to place the tracks, the installer realized we could fit more panels on our roof, so we agreed to 29 panels, and to pay for three more panels. Installer put 270-watt panels on our roof.

    Concerns:
    • We aren't getting what we contracted for.
    • We might not have been told about the switch had we not seen the cardboard boxes the panels came in.
    • Our roof space is not being effectively utilized for future needs.
    • We will have less savings on our electric bill than we contracted for.
    • We will have less Renewable Energy Credits than we expected.
    • We were expecting the newest technology, yet we have discontinued panels on our roof.
    • Contract says one week from start to finish. We are now looking at 26 or more days, with that delay not tied to the rest of the problems. (Electrician needs to return with town inspector).

    Now what???


    Details:
    Early calculations were based on a system with 26 panels at 295 watts. When we gave the go-ahead, we said "Good news!!! Looks like we ARE going to move forward. The 26 panels @ 295. (unless you can fit something bigger up there!)"

    When we were given the contract to sign, we didn't notice that the contract was for 290-watt panels, (not 295), although it was for the same price. The contract calls for 7.6 kWh system, which can only be achieved by 26 panels @ $295.

    The final Pathfinder report, sent after the contract was signed, lists the panels as LG290N1C-G3.

    When they were reviewing the layout before they began the install, they discovered that they had measured the roof inaccurately. We had space for another column, so we agreed to add three more panels, and now have 29 panels on the roof instead of the contracted 26 panels. We now have 29 Enphase Micro inverters M250.

    After the panels were put on our roof, we asked to have the cardboard shipping boxes. When we were breaking them down, we discovered that the boxes said that they contained LG270S1C. Our research discovered that the 270 S1C installed on our roof has been discontinued, (as has the LG290N1C-G3 on the Pathfinder Report).

    It was only after we asked about the 270-watt panels that we were told that the 290 watt is not available, and won't be for several months. They picked up and installed the discontinued 270 watt panels because of our "desire to move forward as soon as possible."

    The tracking is installed, the panels are in place, and the wiring was just completed. We are waiting for the electrician to come back with the town to inspect the work, and then it can be activated.

    We have paid 50% of the 26 panel system. Balance is due upon activation, right after the system is inspected.

    The switch was made without our knowledge or consent. The Co-owner claims that he wasn't aware of the switch made by his business partner, who opted to pick up, deliver and install the 270 panels.

    We live in New Hampshire.

    I really want to believe that the contract has a typo, that they thought they were doing us a favor by giving us something rather than nothing, that we would have been told about the switch, and we would have been offered other options.


    Our System

    Our final Pathfinder (dated the day after our contract was signed, but taken before we removed 30-50 trees), has the trees erased. It shows Unshaded % of Actual Site Azimuth = 180.1, Tilt =35: 92.87% unweighted, with yearly sun hours average: 3.74. (The spreadsheets to help us decide if this would work for us used 4.0 hours.)

    We removed a lot of trees, and are currently getting far more than the 4 hours of sun right now.

    My daughter and family moved in for 3 months … two years ago. Our consumption is currently averaging 17,324 kWh per year @ $.16 per kWh.

    My husband and I averaged 6,444 kWh without the kids. We intend to add a 3-zone Mitsubishi Minsplit heat pump (heat/air), estimated at 1,449 kWh/year. We expect our next car will be electric, and might add 500 kWh/yr. Total: 8,400 kWh to meet our anticipated use, once the kids move out.

    We want the South roof to be the only place with panels. (East/West roof lines are shaded by the higher main roof most of the day.) We know we can't produce as much as we would like on just that roof, but we went with this company because they had the best combination of panel size and rates to give us the most value for our limited roof space.

    What are our options???
    Our home is about 3800 SF, with five bedrooms (plus 2 more rooms that could easily be considered bedroom). Should we decide to sell, this home would appeal to a large family. We can fit a maximum of 29 panels on our south-facing roofline. We have consistently expressed concern that we couldn't fit enough wattage on the roof that we wanted, and have consistently said that we want to utilize that roof space as efficiently as possible.
    We know we can't produce as much as we are currently using with just our south roof, regardless of the size, and certainly not what a large family would consume, but we went with this company because they had the best combination of panel size and prices. We would NOT have contracted with them for the 270-watt panels.

    1. I suggested that they order the 290 (or better) panels, and swap them out for the ones that are there. He said, "Panel market is in a turmoil do to tariff from the USA. So some models are depleted and waiting time is 3-4 months." And, in a different email, "Even if we can get 290 watt panels ( which we cant and no distributor want to commit date certan for avaliablity), the entire set up has to be taken down and start from the beginning. This is do racing ( the lay out for the panels) will not fit from one panes size to the next." However, my research shows that the LG270S1C-B3, and all of the newer NeOn panels by LG are all the same size.

    2. He offered to do a wall setup 3-panels wide, or 3 layers, one above the other, at no additional charge, which would be 230 watt more than the contract. (That would interfere with future plans of adding a sunroom, at which time we would consider adding more panels to heat that room.)

    3. He also offered to install a ground mount unit with 4 panels; we would pay for the charge for two panels and the pole, and they would absorb the labor. (We have less than an acre of land, and a sizable chunk of the front yard is a leach field. The ground mount would be right in the middle of our back yard.)

    4. He causally offered to give us a refund for the difference between the 270 and 290 panels. But this is a 25-year commitment. We will have less savings on our electric bill than we had planned, and we will have less income from the Renewable Energy Credits (currently $50 per kW)

    Our request

    We asked them to complete this install and activate the system, and order 300-watt panels, as they seem more easily available. We would pay $1.50 per watt more. We would pay for the three additional panels. We would pay more upon completion of an amended contract, to bring the deposit up to 50%. When they swap out the current panels for the 300-watt panels, we would pay the balance after the final system is activated.

    He says they more than met their obligation with more power on our roof than contracted. (Did he forget that we were going to be charged for the additional panels, that brought it up to that higher wattage?)

He has agreed to a "change order request by the client" to increase the size of our system to 8.7kw, with 29 panels @300-watt. We are happy to pay for the extra three panels, and a reasonable upcharge for the increase in wattage. We do not feel we should have to pay for additional labor or equipment rental fees due to their errors.

    We feel we should have solar power while we area waiting for the 300-watt panels to arrive; and we shouldn’t have to pay any more until the final system is activated, and we shouldn’t be charged interest for not paying at activation of the temporary system. We shouldn't have to pay or suffer because of their mistake.



    Is this fair?


    We are somewhat tied to this company for the next 25 years. They have been in business for four years, and have an A- rating with BBB. I already gave them a quote on how nice they were to work with to make our decision on which company to go with.

    What should we do???
  • Bikerscum
    Solar Fanatic
    • Jul 2014
    • 296

    #2
    I don't have any legal advice to offer, but around here (SF Bay area), the whole system, including panel model/size, inverter model/size, mounts, panel layout, everything has to be on the permit application. You can't just go changing things as you go along. What panels and how many were on the permit application?

    I'm also a little suspicious of the new found space on the roof. If the permit was issued after the first of the year, for almost all roof types you have to have 3 feet of space at the top and both sides where panels are mounted. Make sure they're not fudging there.

    Good luck.
    6k LG 300, 16S, 2E, 2W, Solaredge P400s and SE5000

    Comment

    • Mike90250
      Moderator
      • May 2009
      • 16020

      #3
      What should we do???
      Cry tonight, have a beer, and go on with life. Contracts are all about the fine print and reading the labels. You did not check them before they started hauling panels onto the roof.

      You can pay a lawyer thousands of dollars, get the installer (that's the guy on the roof drilling holes and forgetting to seal them) mad at you, and for what, a couple hundred $ over the life of the system ?
      Powerfab top of pole PV mount (2) | Listeroid 6/1 w/st5 gen head | XW6048 inverter/chgr | Iota 48V/15A charger | Morningstar 60A MPPT | 48V, 800A NiFe Battery (in series)| 15, Evergreen 205w "12V" PV array on pole | Midnight ePanel | Grundfos 10 SO5-9 with 3 wire Franklin Electric motor (1/2hp 240V 1ph ) on a timer for 3 hr noontime run - Runs off PV ||
      || Midnight Classic 200 | 10, Evergreen 200w in a 160VOC array ||
      || VEC1093 12V Charger | Maha C401 aa/aaa Charger | SureSine | Sunsaver MPPT 15A

      solar: http://tinyurl.com/LMR-Solar
      gen: http://tinyurl.com/LMR-Lister

      Comment

      • Bonnie
        Junior Member
        • Aug 2014
        • 10

        #4
        Originally posted by Bikerscum
        I don't have any legal advice to offer, but around here (SF Bay area), the whole system, including panel model/size, inverter model/size, mounts, panel layout, everything has to be on the permit application. You can't just go changing things as you go along. What panels and how many were on the permit application?

        I'm also a little suspicious of the new found space on the roof. If the permit was issued after the first of the year, for almost all roof types you have to have 3 feet of space at the top and both sides where panels are mounted. Make sure they're not fudging there.

        Good luck.
        Thank you, Biker.
        I don't think we need a permit here in NH (the "Live Free or Die" state!). I know there is no license for the solar installers. We had to fill in a form for the State rebate, an application to the power company, and a town permit for the electrical work. That's it.

        I'm not sure that there is any room at the top. There is some space on both sides, but I'm guessing that there is not 3 feet. (But it could be.) This is the first I heard of the need for an allowance. Perhaps that is a regional requirement? (We actually had two installers plan to put on more panels, by extending over the top of the peak "by only a few inches" and by sticking out over the edges by "only 8" per side.")

        What is the reason for the 3' allowance?

        Thanks, again.

        Comment

        • Bikerscum
          Solar Fanatic
          • Jul 2014
          • 296

          #5
          The 3' rule is called a fire setback.... space for firemen to get on the roof if they need to. The code changed the first of the year hear in Ca., I just assumed it was everywhere.... maybe not.
          6k LG 300, 16S, 2E, 2W, Solaredge P400s and SE5000

          Comment

          • Rdjntx
            Solar Fanatic
            • Jul 2012
            • 195

            #6
            unacceptable no matter how you cut it. At least go TALK to an attorney, a lot of them will give you an initial consult for free. it will be short so have your facts together so you can tell your story in the shortest amount of time possible. Talk to a couple of them. see if your local TV news will pick up the "bait and switch" angle of the story . "7 on your side" or your local equivalent. Personally I would tell them you are talking to an attorney to explore your options so you want to put the whole thing on hold. do not pay them another dime until you have it sorted out.

            The above is my personal opinion I am NOT an attorney nor do I play one on TV.


            Originally posted by Bonnie
            Thank you, Biker.
            I don't think we need a permit here in NH (the "Live Free or Die" state!). I know there is no license for the solar installers. We had to fill in a form for the State rebate, an application to the power company, and a town permit for the electrical work. That's it.

            I'm not sure that there is any room at the top. There is some space on both sides, but I'm guessing that there is not 3 feet. (But it could be.) This is the first I heard of the need for an allowance. Perhaps that is a regional requirement? (We actually had two installers plan to put on more panels, by extending over the top of the peak "by only a few inches" and by sticking out over the edges by "only 8" per side.")

            What is the reason for the 3' allowance?

            Thanks, again.

            Comment

            • Bonnie
              Junior Member
              • Aug 2014
              • 10

              #7
              Originally posted by Mike90250
              Contracts are all about the fine print and reading the labels. You did not check them before they started hauling panels onto the roof.
              If we have a contract, should I not expect to have the same size system put on my roof as is specified in the contract? If I am adding three panels because they measured wrong at first, and I am paying for those extra panels, they cannot claim that they have met the terms of the contract because of those extra panels.

              And, as the customer, is it my obligation to check that they hare using the materials that were specified? I think not.

              At quick computation, we are looking at a significant discrepancy between what we paid for and what we have; perhaps 10% of the entire price.

              I'd appreciate a better solution than go get a beer, cry and forget it.

              Comment

              • Bonnie
                Junior Member
                • Aug 2014
                • 10

                #8
                Originally posted by Bikerscum
                The 3' rule is called a fire setback.... space for firemen to get on the roof if they need to. The code changed the first of the year hear in Ca., I just assumed it was everywhere.... maybe not.
                Thanks for that explanation!

                Comment

                • Bonnie
                  Junior Member
                  • Aug 2014
                  • 10

                  #9
                  Originally posted by Rdjntx
                  unacceptable no matter how you cut it. At least go TALK to an attorney … see if your local TV news will pick up the "bait and switch" angle of the story. … put the whole thing on hold. do not pay them another dime until you have it sorted out.

                  The above is my personal opinion I am NOT an attorney nor do I play one on TV.
                  Thanks, Rdjntx! I appreciate the suggestions and the smile.

                  Comment

                  • russ
                    Solar Fanatic
                    • Jul 2009
                    • 10360

                    #10
                    Originally posted by Bikerscum
                    The 3' rule is called a fire setback.... space for firemen to get on the roof if they need to. The code changed the first of the year hear in Ca., I just assumed it was everywhere.... maybe not.
                    The setback is in the latest version of NEC - not all localities have adopted that version yet.
                    [SIGPIC][/SIGPIC]

                    Comment

                    • inetdog
                      Super Moderator
                      • May 2012
                      • 9909

                      #11
                      Originally posted by russ
                      The setback is in the latest version of NEC - not all localities have adopted that version yet.
                      But states or local jurisdictions can have the same restrictions in their building code updates even if they have not adopted the latest NEC. That is the case in CA.
                      SunnyBoy 3000 US, 18 BP Solar 175B panels.

                      Comment

                      • peakbagger
                        Solar Fanatic
                        • Jun 2010
                        • 1566

                        #12
                        Unless the NH state rebate form has changed, the rebate used to require that a cut sheet of the selected panel and number of panels had to be submitted in the application.

                        Let summarize

                        You thought you negotiated 7670 watts of panels
                        You actually signed for 7540 watts of panels, chalk off the loss of 130 watts difference as education on your part.
                        They actually installed 7830 watts of panels. You now have 290 more watts than you signed for or 160 watts more than you original thought you negotiated for (which is now chalked up to education)
                        For some reason you "generously" offered to pay for three extra panels where legitimately at best you should have paid for one plus labor to cover the additional extra wattage over the contracted wattage.

                        I would guess that the contractor cost for the discontinued low efficiency module is $240 less if he is lucky. With each panel he needs to buy an additional 250 watt inverter at $160 each. There are also possibly some extra rail and 4 mounting clips on each panel (I will assume $2.50 each or $10 for each panel).

                        Add it all up and the contractor should eat his costs for installing two additional panels that appear directly related to a decision to go with lower wattage panels. Based on the prior numbers that is $410 per panel or $820 for two. Using 28 panels at 270 watts if he saved $0.11 a watt on each panel he is breaking even on costs and based on my limited observations of the market, he may have gotten a better deal .

                        One thing you haven't considered is that a 270 watt panel is a better fit for a 250 watt enphase inverter than a 290 or 300 watts panel. You and I are in NH and during cold conditions with snow on the ground, the panels will put out more than the panel nameplate rating, as much as 10% more wattage. The enphase is only capable of putting out 250 watts, so all the extra input wattage is wasted. The contractor isn't pulling a fast one, that's standard for the industry as the extra cost for an inverter rated for the extra 40 or 50 watts is not worth the extra power in rare conditions. As you now have 270 watt panels, you will not be wasting as much power during those cold conditions.

                        I seriously doubt that you will ever get the contractor to remove the existing panels and replace them with new. Contractors generally make their money on the labor to install the system with little markup of the panels. If they have to double handle the panels, their profit for the job is gone and they cant resell the panels as new so the 270 watts panels end up selling at a deep discount, although I expect he will just resell them as new.

                        As for discontinued panels, don't worry about it, unless they are B grade panels. B grade panels are seconds and generally have cosmetic defect but it varies from company to company. If they are A grade panels, no matter what you install this year, they will be discontinued next year. As long as they are from a legit company, you may make get lucky and the company may stay in business long enough to honor a warranty. Generally if they work out of the box, they are going to work for 25 years. If there is a manufacturing defect that crops up a few years, that's when going with a large company may help. One thing to remember is 3 or 4 years out if a panel is damaged by something external like a rock or a baseball, you will not most likely be able to by a replacement panel.

                        In my opinion, offer to pay the contractors documented costs (what they paid) for one additional panel and they need to eat the cost for the two extra panels which are directly related to their decision to go with lower wattage panels. If you get a lawyer involved its worth just paying their documented costs for all three and chalk it up as a learning experience as the lawyer will eat up the difference. Be careful how they document the cost, frequently the electrical supply firm supplies two invoices, one is the contractors cost and the other is the retail cost. you want to base the costs on the actual contractors cost.

                        By the way, I expect by the time you pay the independent auditor and the brokers commission, the SRECs will be worth $35 to $40 a MWH.

                        Comment

                        • Robert1234
                          Solar Fanatic
                          • Nov 2012
                          • 241

                          #13
                          Seems like an easy negotiation. You pay the original contract price. He eats any costs of having to install more panels to achieve the agreed upon wattage. Very fair resolution - Everyone wins - assuming that the PoCo / city is good with it.

                          Comment

                          • Bonnie
                            Junior Member
                            • Aug 2014
                            • 10

                            #14
                            Originally posted by russ
                            The setback is in the latest version of NEC - not all localities have adopted that version yet.
                            Apparently NH has not yet adopted that ruling. We have an odd roof, so it's 2 rows of 9 panels, with the bottom row being 11 panels wide. I'm guessing the top is equal to the peak, and we have about a foot on either side of the 2 rows of 9. On the bottom row, it is lined up on the left, with about a foot; there is probably about 3 feet on the right of the 11-panel row.

                            Comment

                            • Bonnie
                              Junior Member
                              • Aug 2014
                              • 10

                              #15
                              Originally posted by peakbagger
                              You thought you negotiated 7670 watts of panels.
                              You actually signed for 7540 watts of panels, chalk off the loss of 130 watts difference as education on your part.
                              Contract says 7.6 kw grid tied solar electric system. Components: 26 kw system with 290 LG panels.
                              That math doesn't compute!
                              Contract should have said it was for a 7.54 system OR 295 watt panels.
                              All quotes and estimates were for 295 prior to the contract.
                              Therefore, I presume the typo was 290 watts and should have read 295, not 7.6 should have read 7.54 kw system.

                              One of our biggest concerns is that at 7.6, we still aren't making enough to satisfy our needs. When we agreed to the additional three panels, we thought it was to bring the system up to 8.5 instead of 7.83 kw. We consistently expressed concern that we put the most wattage on our roof as possible.

                              Originally posted by peakbagger
                              They actually installed 7830 watts of panels. You now have 290 more watts than you signed for or 160 watts more than you original thought you negotiated for (which is now chalked up to education)
                              For some reason you "generously" offered to pay for three extra panels.
                              When the co-owner/installer came to the house for the first time to do the install, he told us he could fit 3 more panels on the roof. We agreed to that. (At this point the 26 panels had been delivered here, so they knew that they were the wrong ones. They actually told us that they had them on hand on July 31, but didn't bring them here until 8/7, and then began the install on 8/8.) The co-owner/business manager, with whom I had been dealing told us it would cost us an additional $2,660 for those three panels, which would give us "an additional .76 kw". We agreed to that. I didn't see any reason to do the math; we trusted that we were getting 3 more panels at 295, which I believe should have added .885 kw, not .76.

                              It wasn't until the tracks were up, the inverters were up, the panels were up, and the hole into the attic was drilled, wired, and sealed up that we realized they had changed the wattage of the panels. They didn't tell us. We read the boxes.


                              Originally posted by peakbagger
                              One thing you haven't considered is that a 270 watt panel is a better fit for a 250 watt enphase inverter than a 290 or 300 watts panel. You and I are in NH and during cold conditions with snow on the ground, the panels will put out more than the panel nameplate rating, as much as 10% more wattage. The enphase is only capable of putting out 250 watts, so all the extra input wattage is wasted. The contractor isn't pulling a fast one, that's standard for the industry as the extra cost for an inverter rated for the extra 40 or 50 watts is not worth the extra power in rare conditions. As you now have 270 watt panels, you will not be wasting as much power during those cold conditions.
                              I'm confused. Are you saying that the 290 or 300 watt panels are better for some parts of the country, but lower watt panels are better for states with snow? Is that a year-round advantage, or just a winter advantage? If they are less efficient in the winter, would the banking of power in the summer more than compensate for that, or would we have less power produced by higher wattage panels over the course of the year?

                              I hope others can confirm what I believe he is saying: In NH, 29 LG270S1C with Enphase M250 Micro inverters are better than 29 LG300N1C-B3 with that same inverter. Can this be true???

                              Originally posted by peakbagger
                              As for discontinued panels, don't worry about it, unless they are B grade panels.
                              How do we know if these are Grade A or Grade B? They are made by LG.

                              peakbagger, I really appreciate all of your thoughts, and that you took this much time to respond, and give us a potential solution. My last concern:
                              How do I know you aren't from the company that I'm working with? I apologize, and don't mean to offend, but I think this is a reasonable concern.

                              We are close to retirement age. I lost my job, and the chances of finding something decent don't exist, so I'm probably retired because of the economy. This solar system is 1/2 of our annual income. We plan to live here for the rest of our lives. The panels may outlive us. We can't afford to make mistakes with this.

                              Thank you, again, peakbagger, and all else who have commented or will comment.

                              Comment

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