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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11743
Experience:  30 years as a practising solicitor.
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We have had a 4 kw solar panel array installed by Scottish

Resolved Question:

We have had a 4 kw solar panel array installed by Scottish Solar in June 2013. They were going to be fitted onto our flat double garage roof using what they call buckets. The salesman said it would be a simple installation and drew a crude plan showing where they were to be placed. When they came to fit them they found that they could not get them all on the roof without reducing the space between the rows to about 12 inches, far less than the recommended spacing which would have cast shadows onto the panels and therefore reduce the watts generated. I could see that was going to be quite inadequate and suggested the adjacent kitchen roof, also flat, could possibly take some. The installers, who were helpful, agreed it might be a better solution and put 4 on that roof. It had not occurred to me that when the sun was lower in the winter that the house wall adjacent to the kitchen roof would put the panels in the shade.
I have kept records of the generated output from the start. In June 18KW per day, August 12KW, Sept 5KW, Oct 3KW and Nov 2KW, a far cry from 4KW per hour.
I have been in contact with Scottish Solar to suggest putting the 4 on on the higher roof, also flat and unobstructed but they will not come unless I pay for the work which they suggest will be £500. Do you think this installation is fit for purpose? Can I force them to do the remedial work? Should they perform up to a reasonable standard?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The original contract as to where the panels were to be placed was varied at the installation stage because of impossibility of performance, ie, they could not have been put where it was intended. The actual installation was agreed on the day and followed a suggestion by you. One would have thought that that should only have been done with reference to whoever's job it was to survey and decide that the installation would be fit for purpose.

As this was not done, at all it appears, then you have an argument that the installation was not fit for purpose.

However, you also have to read the "small print" in the contract to see what, if any, assurances they give about all of this, including the output of the panels.

I hope this helps. Please leave a positive response so that I am credited for my time.
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