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Canceled solar installation with roof installed

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Pennsylvania

Solar company ran estimates and drew a plan. One of prerequisites was installing new roof. Whole installation process including the roof was not supposed to be started until all permissions and agreements with local utility were finalized. Company went ahead and changed the roof. After half a year of giving me runaround they canceled the installation saying that they could not reach agreement with utility. Now they demand full payment for the roof. What should I do? The original roof still had 5-10 years of life left but not enough for the solar panels to be installed on it.
 


Mass_Shyster

Senior Member
Read the contract and see what you agreed to. If you're not sure, bring it to a lawyer and ask him or her what to do.
 

justalayman

Senior Member
It is likely you will pay for the roof, or at least a majority of it. Your contract will have a large part of what happens but presuming you were aware they were installing the roof and you did nothing to stop them, it’s likely to be determined you will have to pay for the roof. It is inequitable that you have the benefit of a new roof at the installers expense. You might argue for some discount as your existing roof has some life remaining. To make you absorb that loss wouldn’t be equitable either.

Again, refer to your contract for guidance.
 
It is likely you will pay for the roof, or at least a majority of it. Your contract will have a large part of what happens but presuming you were aware they were installing the roof and you did nothing to stop them, it’s likely to be determined you will have to pay for the roof. It is inequitable that you have the benefit of a new roof at the installers expense. You might argue for some discount as your existing roof has some life remaining. To make you absorb that loss wouldn’t be equitable either.

Again, refer to your contract for guidance.
That is more less what I'm aiming for. I do not expect free roof. The biggest problem for me is that everything was under favorable financing option with low monthly payment. Now it they demand full payment for the roof which i simply cant afford and taking personal loan will not put me anywhere close to the financing option I had for the whole system. I guess my question is can I demand for them to cover at least part of the roof cost and try to take it to court if they don't cooperate or should I take the loss and get personal loan to pay it off.

The roofing contractor was supposed to be paid by finance company but since solar installation was cancelled so was the financing. I don't see anywhere in contract who becomes responsible for the payment in this case but I can only assume it's me.
 

LdiJ

Senior Member
One factor in your favor is that they were not to start anything at all, including the new roof, until they had the proper permits and agreements with the local utility company. They breached the contract by having the roof replaced before those permits and agreements were in place.

That won't get you out of paying for the new roof, but it should get them to agree to installments or other ways to mitigate things for you. I suspect that the subcontractor who did the roof has not been paid and is VERY unhappy about that. However that isn't your problem and they shouldn't attempt to make it your problem.
 

justalayman

Senior Member
One factor in your favor is that they were not to start anything at all, including the new roof, until they had the proper permits and agreements with the local utility company. They breached the contract by having the roof replaced before those permits and agreements were in place.

That won't get you out of paying for the new roof, but it should get them to agree to installments or other ways to mitigate things for you. I suspect that the subcontractor who did the roof has not been paid and is VERY unhappy about that. However that isn't your problem and they shouldn't attempt to make it your problem.
Well, I haven’t checked the state specific to be sure but in many a subcontractor can file for a lien on property they performed work on and wasn’t paid for. I wouldn’t say it wouldn’t also be the ops problem.
 

LdiJ

Senior Member
Well, I haven’t checked the state specific to be sure but in many a subcontractor can file for a lien on property they performed work on and wasn’t paid for. I wouldn’t say it wouldn’t also be the ops problem.
A lien is a temporary problem that gets resolved eventually. The homeowner is not the one responsible to the subcontractor, the contractor is.
 

justalayman

Senior Member
A lien is a temporary problem that gets resolved eventually. The homeowner is not the one responsible to the subcontractor, the contractor is.
Really? You’ve never heard of a lien being foreclosed on? Ever deal with trying to sell a house with a lien on it?

You are terribly mistaken on who the homeowner may be liable to. A mechanic’s lien is of a claim of quantum meruit put into action and since the property owner is the beneficiary, they are held liable for the debt.

In PA, the op may (but then again maybe not all depending on the circumstances) have a defense to the lien but in more general terms, a lien can often be enforced. In PA should a subcontractor file a lien, they can then seek enforcement with the result being a judgment against the property owner. In other states it can result in foreclosure in some circumstances.

To suggest a mechanic’s lien is nothing to be concerned about is very poor advice.
 

Zigner

Senior Member, Non-Attorney
A lien is a temporary problem that gets resolved eventually.
Yeah, eventually being when the homeowner is forced to compensate the sub.
The homeowner is not the one responsible to the subcontractor, the contractor is.
Not necessarily true. Can you show this is true for the OP's state?
 

Zigner

Senior Member, Non-Attorney
Really? You’ve never heard of a lien being foreclosed on? Ever deal with trying to sell a house with a lien on it?

You are terribly mistaken on who the homeowner may be liable to. A mechanic’s lien is of a claim of quantum meruit put into action and since the property owner is the beneficiary, they are held liable for the debt.

In PA, the op may (but then again maybe not all depending on the circumstances) have a defense to the lien but in more general terms, a lien can often be enforced. In PA should a subcontractor file a lien, they can then seek enforcement with the result being a judgment against the property owner. In other states it can result in foreclosure in some circumstances.

To suggest a mechanic’s lien is nothing to be concerned about is very poor advice.
Yeah, that.
 

LdiJ

Senior Member
The OP did not suggest that there had been any discussion of a mechanic's lien. JAL was the one who brought up that possibility. From some very quick research it appears that any deadline for filing a mechanic's lien has long past. Mechanic's liens must be placed within 6 months of the completion of the work in question in PA. Since it appears that it has been 1 1/2 years since the roof was installed, a mechanic's lien would appear to be a moot point.

https://www.levelset.com/mechanics-lien/pennsylvania-lien-law-faqs/
 

justalayman

Senior Member
The OP did not suggest that there had been any discussion of a mechanic's lien. JAL was the one who brought up that possibility. From some very quick research it appears that any deadline for filing a mechanic's lien has long past. Mechanic's liens must be placed within 6 months of the completion of the work in question in PA. Since it appears that it has been 1 1/2 years since the roof was installed, a mechanic's lien would appear to be a moot point.

https://www.levelset.com/mechanics-lien/pennsylvania-lien-law-faqs/
You are loony. You said;
A lien is a temporary problem that gets resolved eventually. The homeowner is not the one responsible to the subcontractor, the contractor is.
That is an absolutely incorrect statement by you.

So show me where my statement is incorrect.
I’ll wait.




I’ll even repost the statement you were responding to


Well, I haven’t checked the state specific to be sure but in many a subcontractor can file for a lien on property they performed work on and wasn’t paid for. I wouldn’t say it wouldn’t also be the ops problem.
And where do yo get a year and a half?

The law says the contractor has 6 months to file a lien. Op said he has been getting the run around for half s year. If he’s talking about the solar panel company, we’ll, they means we don’t know how long ago the roof was put on,and half a year is a bit undefined. Granted a half year is six months but has a full half year passes since the roof was Installed?

But even better for the op is there are limited applications to a contractor filing for s lien against the owner of an owner occupied residence. There are exceptions though so I can’t say if a lien can be filed against the ops property. Op needs to consider the possibility though.

And this started bevause you said the cost of the roof isn’t the ops problem. That would be a big incorrect still. Even if he wouldn’t have to pay a dime, the fact the subcontractor wants his money, it is still the ops problem because the contractor is seeking payment from the op. Op still has to deal with it even if he doesn’t end up paying.

And unless you can find where the subcontractor can’t sue the op regardless of the lien, the placement of a lien won’t really make much difference.
 
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LdiJ

Senior Member
You are loony. You said;


That is an absolutely incorrect statement by you.

So show me where my statement is incorrect.
I’ll wait.




I’ll even repost the statement you were responding to




And where do yo get a year and a half?

And this started bevause you said the cost of the roof isn’t the ops problem. That would be a big incorrect still.
Re-read the OP's first post.
 

justalayman

Senior Member
Solar company ran estimates and drew a plan. One of prerequisites was installing new roof. Whole installation process including the roof was not supposed to be started until all permissions and agreements with local utility were finalized. Company went ahead and changed the roof. After half a year of giving me runaround they canceled the installation saying that they could not reach agreement with utility. Now they demand full payment for the roof. What should I do? The original roof still had 5-10 years of life left but not enough for the solar panels to be installed on it.
Ok.. I’m still not seeing a year and a half.
 

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