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Disputes From Improper Installation Of Rooftop Solar Arrays Across The Usa

📌 Why Improper Installation of Rooftop Solar Arrays Leads to Disputes

When rooftop solar arrays are installed improperly, it can cause:

✔ Roof leaks or structural damage
✔ Electrical defects or code violations
✔ Underperformance of the system
✔ Safety hazards including fire risk
✔ Breach of warranty or contract
✔ Consumer fraud claims

These defects often trigger litigation under breach of contract, warranty law, consumer protection statutes, negligence, or arbitration clauses in solar contracts.

📚 Key U.S. Disputes & Case Examples

Below are six cases/dispute reports in the U.S. where installation defects or improper solar installation led to liability issues:

1. Allagas v. BP Solar International, Inc., N.D. Cal. (2014)

Summary: Plaintiffs purchased rooftop (or roof‑mounted) solar systems that allegedly had defective junction boxes and solder joints that overheated, melted connections, shattered panels, and caused functional failure well before their expected life. Plaintiffs asserted claims for breach of warranty (defect and power warranties), violation of consumer protection statutes such as the Magnuson‑Moss Warranty Act (MMWA), and state analogs including California’s Consumers Legal Remedies Act.
Key Legal Issues: Breach of express warranty and consumer protection claims based on installation and equipment defects causing performance failure and safety risk.

2. Rojas v. Bosch Solar Energy Corporation, N.D. Cal. (2018–2022)

Summary: Plaintiffs alleged that a large array of Bosch solar panels installed on their property experienced delamination, cracking, and moisture ingress — conditions that prevented normal operation and reduced output. The case involved claims for breach of warranty (express and under the MMWA), with the factual narrative including delays and lack of remedial action after notifying installers/manufacturers.
Key Legal Issues: Warranty violations and system underperformance due to defective components and related installation issues causing increased homeowner electric bills and damages.

3. Cleveland v. Power Home Solar L.L.C., Ohio Court of Appeals (2024)

Summary: Appellants alleged that incorrect solar panels were installed, and subsequent attempts to replace and properly wire the system failed to pass inspection and never generated power. Plaintiffs asserted numerous claims including breach of contract, misrepresentation, fraud in the inducement, and negligent misrepresentation.
Key Legal Issues: Installation errors leading to zero system functionality, use of high‑pressure sales tactics and disputed arbitration clauses. This case demonstrates how installation failures ripple into complex contract and consumer fraud litigation.

4. Lojewski v. Group Solar U.S.A., LLC, S.D.N.Y. (2023)

Summary: Plaintiffs alleged improper installation of solar panels that were never activated properly and were only connected to part of the electrical system. The court addressed motions to dismiss claims (including breach of implied warranty of merchantability), and installation workmanship was central to whether the panels were fit for ordinary use.
Key Legal Issues: Whether improper installation defects can satisfy warranty breach or performance failure standards — a key dispute issue in solar installation cases.

5. Diaz v. Sunrun, Inc., D.N.J. (2024–2025)

Summary: In this federal diversity action, plaintiffs alleged that Sunrun improperly installed panels, leading to significant water damage, mold, mildew, and personal injuries. The case also highlighted disputes over the enforceability of arbitration provisions in the solar power purchase agreement (PPA), with Sunrun seeking to compel arbitration under the Federal Arbitration Act (FAA).
Key Legal Issues: Installation defects causing property damage and health impacts, and arbitration clause controversies in consumer solar contracts.

6. Sunrun & Related Disputes (Various Consumer Actions)

Summary: Over many years, Sunrun has faced multiple lawsuits and investigations alleging defective solar installations, unauthorized work, and misrepresentation of system performance and approvals. Certain complaints alleged installation without proper contracts, pressure sales, and failure to address leaks and structural issues, resulting in consumer claims or enforcement actions.
Key Legal Issues: Installation errors mixed with sales/consumer fraud — illustrating how poor installation practice can trigger broader statutory violations.

📌 Legal Theories Commonly Arising in Solar Installation Defect Cases

Improper installation cases typically involve multiple legal grounds:

1. Breach of Express Warranty

When solar equipment or installation contracts include explicit promises about workmanship, performance, or warranties, improper installation often constitutes a breach.

Federal statute: Magnuson‑Moss Warranty Act allows consumers to sue for breach of written warranties on consumer products like solar arrays (15 U.S.C. § 2301–2312).

2. Breach of Implied Warranties

Under the Uniform Commercial Code (UCC), consumers can assert implied warranties of merchantability and fitness for a particular purpose if the solar array fails to perform due to flawed installation or is not fit for its intended use.

3. Breach of Contract

Homeowners often sue solar companies for not fulfilling installation obligations as specified in contracts — e.g., failing to install per engineering or code standards.

4. Negligence

Installers owe a duty to exercise reasonable care in installation. Improperly installed solar panels that leak, cause fire hazards, or fail electric inspections may give rise to negligence claims.

5. Consumer Protection Violations

State statutes like the California Consumers Legal Remedies Act (CLRA) and similar laws in other states allow claimants to allege misrepresentation, unfair practices, or misleading sales/install practices when installation defects occur.

6. Arbitration and Contract Formation Disputes

Many solar installation agreements include arbitration clauses. Plaintiffs often challenge these where clauses were signed without proper disclosure or under alleged fraud. For example, in Diaz v. Sunrun, the enforceability of the arbitration clause was contested because of contract validity issues.

📌 Typical Installation Defects Leading to Disputes

These defects often appear in litigation or arbitration:

✔ Penetrations causing roof leaks or structural damage
✔ Improper flashing or sealing around mounts
✔ Poor electrical wiring or failed inspections
✔ Misplacement of panels or inadequate mounting hardware
✔ Failure to obtain necessary building or utility approvals
✔ System failures and underperformance relative to promises
✔ Defective grounding or hazard‑creating connections

📌 Remedies Sought by Plaintiffs

Depending on the dispute, plaintiffs typically seek:

📍 Repair or replacement of defective installation
📍 Refund of installation costs
📍 Damages for property damage (e.g., water, mold)
📍 Compensation for underperformance or loss of value
📍 Statutory damages under consumer protection laws
📍 Declaratory relief invalidating unfair contract terms

📌 Summary Table of Key U.S. Disputes

📌 Conclusion

Legal disputes from improper installation of rooftop solar arrays in the U.S. typically stem from failure to meet contractual, warranty, or performance standards. Courts evaluate these claims under breach of contract, warranty law, negligence, and consumer protection statutes. Because many solar installation agreements include arbitration clauses, disputes often involve questions about whether arbitration must proceed, and whether installation defects justify bypassing arbitration due to contract formation issues.

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