mariuszk1083
Member
The whole process was started on 10/12/2018 (financing application). New roof was installed mid November.Mariuszk1083, how long ago was it that the last work was done on your roof?
The whole process was started on 10/12/2018 (financing application). New roof was installed mid November.Mariuszk1083, how long ago was it that the last work was done on your roof?
My beef was you said the subcontractor had no actions against the op. That was the incorrect statement.My beef wasn't that you mentioned the possibility of a lien. That was a very reasonable thing to mention. My beef was that you argued about it when you hadn't actually checked it out for that state.
Thank you for answering the question I asked. The time for the contractor to file a lien has passed - so that is good.The whole process was started on 10/12/2018 (financing application). New roof was installed mid November.
The time for the sub to file for a lien may have passed but that doesn’t mean the sub doesn’t have a right to sue the op. I can’t say if the subcontractor has a direct line to the consumer but even if they don’t, the sub could sue the prime and the prime may have an action against the op (again, the contract in place will likely play a role here)Thank you for answering the question I asked. The time for the contractor to file a lien has passed - so that is good.
You would want to run it by a local attorney to be sure, particularly since there was that whole utility approval bit involved, but yes, it does sound like you may be liable for the full cost of the new roof...or at least they are trying to make you responsible. All of the contracts, as a whole, really need to be reviewed by a local attorney.Thank you guys for help, I really appreciate it. I don't know if there is a way for me to share the body of the contracts on the forum since its quite lengthily. I don't know if a mentioned it yet but there are 3 contracts all together. One with Momentum Solar "SOLAR ELECTRIC INSTALLATION CONTRACT" one with Sunlight Financial (financing company) and one Momentum Solar "ROOFING CONTRACT".
Here is a part from roofing contract:
Payment Schedule and Third-party Financing: Your payments will become due as indicated below. The “Total
Amount Payable to Momentum Solar” shown below reflects only the amount we charge for the Roof Installation (as
defined below), not including any applicable sales tax. If you choose to finance any part of the roof installation with
a third-party finance company, your payment schedule and total amount owed will be set out in your agreement with
the third-party finance company and may include finance charges. You should read that agreement carefully to
understand your repayment obligations. We are not your lender. The terms of your financing, including the amount
and timing of your payments and any finance charges imposed, are solely determined by your third-party finance
company. We are not affiliated with your third-party finance company in any way.
NOTICE TO CUSTOMER: The Total Amount Payable to Momentum Solar is contingent on Customer’s
agreement to have a solar generation system installed on their property by Momentum. If Customer does
not have a solar generation system installed on its property by Momentum Solar, then it is liable for the
Estimated Total Cost of Roof Installation.
I would get a confirmation from you guys if I'm reading it correctly. Does it basically say that if Momentum doesn't install the panels I'm fully liable for roof payment?
Yeah, that.You would want to run it by a local attorney to be sure, particularly since there was that whole utility approval bit involved, but yes, it does sound like you may be liable for the full cost of the new roof...or at least they are trying to make you responsible. All of the contracts, as a whole, really need to be reviewed by a local attorney.