Canceled solar installation with roof installed

[mariuszk1083]

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.

 

[justalayman]

So It is in excess of the 6 months

But if anybody bothers to read what I write not only did I not say with any certainty a lien was possible (I stated it was a general statement and hadn’t checked specific state law. It was a response to ldij’s statement that op wouldn’t owe money to a subcontractor at all. As a general statement without her qualifying it merely meant the sub could not assert a lien on ops property was very misleading. When I checked state law said there was an issue regarding owner occupied residential housing that may preclude the assertion of a lien anyway and stated that here.

The inability to assert a lien does not mean the subcontractor can’t sue the op for the debt. Of course to validate that statement I would have to research state law.

Bottom line; somebody will be able to seek payment, through the courts if necessary, from the op. Op may have some defense based on the contract (none of us have read)

It’s likely op is not getting a roof for free (not suggesting he is arguing he should and acknowledging op has actually stated he accepts he should owe something. It was more a matter of the financing that was the concern).

This thread was run off course by ldij stating the subcontractor would have no claim against the op. My response for some reason seems to have been taken as an absolute statement. It was never intended as such but simply to state a sub does have actions directly against a homeowner in most cases.

 

[LdiJ]

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.

 

[justalayman]

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.

My beef was you said the subcontractor had no actions against the op. That was the incorrect statement.


At least mine was correct based on only what had been presented. The dates weren’t known (nor the possible exceptions regarding an owner occupied residence) so while mind might be shown to be inapplicable due to applying limitations, in itself it was not incorrect.


Yours was absolutely incorrect in its entirety.

 

[quincy]

The whole process was started on 10/12/2018 (financing application). New roof was installed mid November.

Thank you for answering the question I asked. The time for the contractor to file a lien has passed - so that is good.

 

[justalayman]

Thank you for answering the question I asked. The time for the contractor to file a lien has passed - so that is good.

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)

My statement regarding the lien was never intended to actually address the ops specific situation. It was merely stating that a sub often has a direct line of action against a homeowner, something that ldij stated was not available.

There is new law that became effective October 10, 2018. Given the ops contract date of October 12, 2018, means it would appear to apply here. I haven’t had a chance to read it yet. Will try in short order.

 

[quincy]

I understood your comments on the lien. I was just trying to get clarification from mariuszk to put that issue to rest.

 

[mariuszk1083]

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?

 

[LdiJ]

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?

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.

 

[Zigner]

From this snippet, it appears to say that, however you would be better served by having your contract reviewed in its entirety by a local attorney.

 

[Zigner]

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.

Yeah, that.

 

[mariuszk1083]

Again thank you for help, I will let you know how it ended. Right now I'm waiting for Momentum supervisor to contact me (9 days and counting). At least they won't put me to collection until he responds.