X
 
  • Time
  • Show
Clear All
new posts
  • ret
    Junior Member
    • Jul 2014
    • 22

    #1

    Newbie on solar contract?

    Im about to make the plunge on a system, in northern ca but have a few questions on the contract.
    Does this seem to be a standard solar contract?
    Thanks

    one concern is in the mechanical lien area, if I fully pay the contractor, but he doesn't pay any subcontractors should he use any! I can still have a lien put on my property.
    Is that the normal procedure in California. Or am I being overly paranoid?

    Contractor shall secure engineering, drawings, permits as required by local ordinance.
    Existing: cement roof, Homeowners choice is to Net metering PGE rate tariff E1XB (existing)
    Layout must be provided and approved by owner

    A. 30- SunPower SPR-X21-345 modules
    B. SolarEdge SE10000A-US 1PH Grid Tied Inverter, 10000W, 208/240VAC 60 HZ
    DC/AC Discon. Model SE7600W Arc-Fault Protection.
    C. 30 - 400W Solaredge Optimizers Conditioners
    D. IronRidge racking system (Black).
    E. Install to existing 200 amp service. Reduce breaker to 175 amp
    F. Extended SolarEdge warranty 25yr. includes monitoring software
    G. Conduits will be hidden located in front and side module installation
    2. DC/watts 10.350 Factory Rated. All factory and (The Solar Installer Company) warranties will be given after installation with operations manual.
    3. Work shall be performed only by a certified (The Solar Installer Company) installation specialist licensed contractor. Contractor reserves the right
    to cancel this Agreement in the event the roof structure does not comply with weight loads, or electrical upgrades other than indicated in this agreement.

    ______________________________________Agreement Price and Terms______________________________________

    Agreement amount $48,645.00 price includes sales tax and permits

    Down Payment $1000.00 Downpayment shall be nonrefundable after 3 day cancel notice

    Due upon delivery $23,748.00 Modules, inverters, Start of Job

    Final balance $23,748.00 Sign Off by Building inspector

    Note: Homeowner shall not hold payment until PGE changes meter
    Any conduit painted is permitted when paint is provided by homeowner.
    The contractor is not responsible for PGE changing the meter. PGE recognizes permit sign off. Late payments will bear interest at the rate of 1.5% per month or 18% per annum. The Work shall start within a reasonable amount of time depending on good-weather working days, excluding weekends and holidays, after the date Contractor is notified that roof is in a condition to accept installation and the Solar System has been delivered, and shall be substantially completed within approximately 14 good-weather working days from commencement, excluding weekends and holidays. Additional work shall be @ $125 per hour, per person and be authorized by (The Solar Installer Company) and customer.
    WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.

    Customer: ________ (Initial) Contractor: ________(Initial)

    ____ Initial here, by all parties. All electrical required by the city or county not pertaining to the solar system
    AFTER OR PRIOR to the solar system inspection are not included in the cost.

    ____ Initial here, by all parties. Customer is responsible for supplying all Smoke Detectors and Carbon Monoxide Detectors required for permit purposes.

    ____ Initial here, by all parties. All electrical conduits are placed on outside walls. Unless specified.

    ____ Initial here, by all parties. To my knowledge there are no roof leaks,

    ____ There are no Wasp, Bee nests other harmful conditions exits. If so it may be necessary to remove before installation.

    Home phone #
    Cell #
    Email
    Solar Rep ____________Job # _________
    Address- City, State, Zip

    __________________________________________WARRANTY ________________________________________________
    4. Upon installation of the Solar System, all manufacturers’ warranties relating to components of the Solar System are assigned to Customer. All equipment warranties are provided by the manufacturer, not Contractor, System and system components (subject to the terms of equipment warranties), including any labor costs during the warranty period. This warranty shall be effective for a period of ten years from the date of installation. Furthermore, Contractor will provide a warranty for a period of ten years from the date of installation to correct or repair any roof leaks that occur within five inches or less from roof penetrations made during the Solar System installation that are not caused by actions or acts of a third party that prove to be a direct result of roof penetrations made during installation. This warranty is void if anyone other than Contractor or its agents, subcontractors or employees removes, replaces, repairs, releases, modifies, alters, adjusts or amends the Solar System in any manner. 9. Warranty Exclusions. Contractor’s warranty excludes: (a) damage due to earthquake, floods, acts of God, terrorism, negligence or vandalism, acts or work of third parties outside Contractor’s instructions, damage by non-approved third parties; (b) failure to operate and maintain the Solar System in accordance with the printed manual and instruction guide; (c) damage, repair or maintenance caused by Customer’s roofers or others.

    ____________________________DUTIES AND REPRESENTATIONS OF CONTRACTOR __________________________
    5. Customer shall remove all objects on the roof and garage prior to installation. If not done by the Customer, then Contractor shall raise, move or lift objects as required to properly complete the work. Contractor specifically does not assume any responsibility for the operation of or possible damage to objects mounted on the roof or any delays due to Contractor moving or removing any obstacles not removed from roof by owner.

    ______________________________________MECHANIC’S LIEN WARNING __________________________________________
    6. Contractor reserves the right to pre-lien the job. Contractor shall furnish material and labor lien releases if pre-lien is filed upon completion and payment of the work. Anyone who helps improve your property, but who is not paid, may record what is called a mechanic’s lien on your property. A mechanic’s lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your Contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record a mechanic’s lien and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their rights to record a lien, each contractor and subcontractor and material supplier must provide you with a document called a “20-Day Preliminary Notice.” This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. For other ways to prevent liens, visit CSLB’s Web site at www.cslb.ca.gov or call CSLB at 800- 321-CSLB (2752).

    _____________________________DUTIES AND REPRESENTATIONS OF CUSTOMER________________________________
    7. Unless otherwise specifically provided in the express provisions of this Agreement, Contractor has entered into this Agreement on the terms herein contained based on the following assumptions of fact and representations and warranties made by the Customer: (i) the roof on which the Solar System is to be placed is structurally sound and able to withstand the stresses and strains incident to installing the Solar System; (ii) all overhead and wall mounted objects inside the building are property secured to withstand the vibration and movement of material application; and (iii) the existing roofing does not contain asbestos or other toxic or hazardous substances. In the event any of the foregoing assumptions of fact and representations are not true, and either Customer or any third party is damaged or injured as a result thereof, and said damage or injury is not occasioned by the negligence or willful misconduct of Contractor, then Customer hereby agrees to indemnify and hold Contractor harmless from any such loss (including without limitation attorneys’ fees and court costs), and defend Contractor against any actions brought by third parties. Furthermore Customer hereby releases and discharges Contractor from any claims which Customer may have as a result of any damages or injuries which Customer sustains as a result of any inaccuracy or failure of the foregoing representatives and warranties.
    __________________________________________NOTICE TO OWNER_________________________________________

    ________________________________________GENERAL PROVISIONS________________________________________
    9. This Agreement contains the entire agreement of the parties with respect to its subject matter, and no representations or oral agreements have been made, including without limitation any statements, representations or claims made by any of Contractor’s representatives, which are not set forth herein. This Agreement may not be amended without the prior written agreement of both parties. The parties agree to promptly execute and deliver such documents and to promptly do such other acts as are necessary or appropriate to effectuate the purposes of this Agreement. This Agreement shall be construed under the laws of the State of California applicable to contracts made and to be performed in that State. Nothing herein contained shall be construed to create a joint venture or partnership. Except as otherwise expressly provided herein, each party shall bear its own costs and expenses. This Agreement may be executed in several counterparts, all of which together shall constitute one and the same instrument. This Agreement shall be binding upon and inure to the benefit of the respective successors, assignees, transferees and devisees of the parties.
  • russ
    Solar Fanatic
    • Jul 2009
    • 10360

    #2
    How many bids, offers do you have in hand?
    [SIGPIC][/SIGPIC]

    Comment

    • Bikerscum
      Solar Fanatic
      • Jul 2014
      • 296

      #3
      My contract had none of that lien stuff. The installer is the General Contractor and should bear that burden.

      I should also mention that in my case, everyone that worked on my house was an employee of the installer.... there were no subcontractors. One of the reasons I went with them.

      My 1/2 payment was due "after the first full day of work"... which was most of the install and delivery of all parts.

      I'm not sure what's meant by the arc fault protection.... the arc fault circuit interrupter is in the inverter with Solaredge, it's just a menu option at setup.


      As was already asked.... do you have more estimates?
      6k LG 300, 16S, 2E, 2W, Solaredge P400s and SE5000

      Comment

      • ret
        Junior Member
        • Jul 2014
        • 22

        #4
        Originally posted by russ
        How many bids, offers do you have in hand?
        I have about three other offers, from about two or three months ago, but none have specific contract language, more or less the sales bid templates they give you.
        I have a pretty chopped up roof without a lot of clean empty space for many panels.

        Comment

        • SunEagle
          Super Moderator
          • Oct 2012
          • 15163

          #5
          Originally posted by Bikerscum
          My contract had none of that lien stuff. The installer is the General Contractor and should bear that burden.

          I should also mention that in my case, everyone that worked on my house was an employee of the installer.... there were no subcontractors. One of the reasons I went with them.

          My 1/2 payment was due "after the first full day of work"... which was most of the install and delivery of all parts.

          I'm not sure what's meant by the arc fault protection.... the arc fault circuit interrupter is in the inverter with Solaredge, it's just a menu option at setup.


          As was already asked.... do you have more estimates?
          "Arc fault protection" may just mean there is a circuit breaker or fuse in the inverter that will open quick enough to eliminate an arc (caused by a short) from getting big enough to cause an explosion.

          The longer it takes for the breaker to open the more energy is built up in the arc which can cause a pretty big blast in some cases.

          Comment

          • thejq
            Solar Fanatic
            • Jul 2014
            • 599

            #6
            Not legal expert here, but my understanding is that if your general contractor subcontracts parts of his job but doesn't pay the sub, the sub can legally ask the home owner to pay or place a mechanical lien. So here is where the bankability of the contractor comes in. If he/she has been in the business and for a long time with no problems, maybe it's ok. But in theory you need to make sure all the subs are paid before you pay the general contractor, or you pay the subs individually. Besides that you need to make sure the general contractor you sign with has worker's comp and is properly insured. For every subcontractor (not an employee), you need to ask him/her to sign a claim waiver releasing you from all responsibilities if an accident should happen. I know it's a lot of work, but it's important to protect yourself, just in case. Personally I didn't go to all that extend, but I picked a contractor that has been in business for > 25 yrs and I have a $5m umbrella insurance in place.
            16xLG300N1C+SE6000[url]http://tiny.cc/ojmxyx[/url]

            Comment

            • fun2drive
              Junior Member
              • May 2014
              • 11

              #7
              You are money ahead to get a contract lawyer to review the documents and make changes to them that will make sure you as the homeowner and bill payer are protected. You are most likely going to be billed for a couple hours time which given you are looking at 43 large is a minor expense. I am doing this done for my general contractor and will do this for my solar contractor too.

              Comment

              • russ
                Solar Fanatic
                • Jul 2009
                • 10360

                #8
                Originally posted by fun2drive
                You are money ahead to get a contract lawyer to review the documents and make changes to them that will make sure you as the homeowner and bill payer are protected. You are most likely going to be billed for a couple hours time which given you are looking at 43 large is a minor expense. I am doing this done for my general contractor and will do this for my solar contractor too.
                100% correct
                [SIGPIC][/SIGPIC]

                Comment

                • Bikerscum
                  Solar Fanatic
                  • Jul 2014
                  • 296

                  #9
                  Originally posted by ret
                  I have about three other offers, from about two or three months ago, but none have specific contract language, more or less the sales bid templates they give you.
                  I have a pretty chopped up roof without a lot of clean empty space for many panels.
                  You might want to look around some more, $4.70/w is steep for a system that size.... even for Sunpower.

                  Don't be in a rush, the best part of the solar year is over anyway. Take your time.
                  6k LG 300, 16S, 2E, 2W, Solaredge P400s and SE5000

                  Comment

                  • silversaver
                    Solar Fanatic
                    • Jul 2013
                    • 1390

                    #10
                    Most of contractors will generate a pre-lien notification before the job start(Consolidated Electricial Distributor) or CED Greentech (depends on your location), then they will re-generate another release of lien upon your final payment. You must ask them for the release of lien after final payment because sometimes they will forget.

                    Comment

                    • ret
                      Junior Member
                      • Jul 2014
                      • 22

                      #11
                      Originally posted by Bikerscum
                      You might want to look around some more, $4.70/w is steep for a system that size.... even for Sunpower.

                      Don't be in a rush, the best part of the solar year is over anyway. Take your time.
                      The reason I was leaning towards this dealer is he was willing to use SolarEdge with the sun power panels.
                      Also said he could get it done so we don't lose this year tax incentives

                      Comment

                      • Bikerscum
                        Solar Fanatic
                        • Jul 2014
                        • 296

                        #12
                        Originally posted by ret
                        The reason I was leaning towards this dealer is he was willing to use SolarEdge with the sun power panels.
                        Also said he could get it done so we don't lose this year tax incentives
                        There are no "this year's tax incentives", unless you have very little tax liability and need 3 years to take the credit. The credit is 30% period. You just have to use it by the end (I think) of 2016. It is true that if you don't complete the install this year you'll have to wait 'til next year to claim it.
                        6k LG 300, 16S, 2E, 2W, Solaredge P400s and SE5000

                        Comment

                        • J.P.M.
                          Solar Fanatic
                          • Aug 2013
                          • 15022

                          #13
                          Originally posted by Bikerscum
                          There are no "this year's tax incentives", unless you have very little tax liability and need 3 years to take the credit. The credit is 30% period. You just have to use it by the end (I think) of 2016. It is true that if you don't complete the install this year you'll have to wait 'til next year to claim it.
                          The above is my understanding as well. Not installing this year will indeed mean 1 less year to spread out the credit, but I'd not hurry because of that. IMO, better to take a bit extra up front & get it right. Maybe a few more quotes to see if you can do better than $4.70/Watt. Unless you've got some strange situations, that price does seem quite high. Just my opinion.

                          Comment

                          • ret
                            Junior Member
                            • Jul 2014
                            • 22

                            #14
                            Originally posted by Bikerscum
                            There are no "this year's tax incentives", unless you have very little tax liability and need 3 years to take the credit. The credit is 30% period. You just have to use it by the end (I think) of 2016. It is true that if you don't complete the install this year you'll have to wait 'til next year to claim it.
                            Yea, we bought a EV this year so we are already losing $7500 of tax credit for this year with it, Retiring in june so next year will be less tax liability. Was hoping to use both years. I think I just took to long tying to figure this stuff out, may have screwed myself.
                            Not sure what I'm going to do from here.

                            Comment

                            • wirebender06
                              Junior Member
                              • Oct 2014
                              • 19

                              #15
                              Sacramento Area Solar

                              Hi Ret,

                              I've just started looking into systems in the Sacramento area. I've talked with several SunPower dealers and it seems that SunPower is a solid choice to panels. I haven't looked at Solar Edge , why is that your preferred combo with Sunpower panels?

                              Thanks!

                              Comment

                              Working...