Breach of Contract
Complaint about A Shade Greener | ANSWERED
Breach of Contract
Complaint about A Shade Greener
Sent this complaint to ASG as I have had the lease agreement checked and confirmed that they are in breach of the lease for not carrying out this essential piece of maintenance work: Roof mounted solar arrays have become havens for bird populations. Where birds may have previously just rested on a roof, the newly installed solar panels now provide shelter from the wind and rain. As a result, there are now many residential solar arrays, like ours, that have birds nesting under them. Research shows that these birds can cause damage to the wiring under the solar panels and cause system failures. There are also some very frustrating problems for homeowners with birds nesting under their solar panels. Of a particular nuisance is the noise that the birds create early in the morning. Residents, including this case, regularly report to us their being disturbed at 4:30am, and the inevitable mess that the birds create on the roof, which then rolls down into the house gutters and creates blockages. Loss of output from the bird droppings will be considerable. It is also shown that no investor or asset owner would like their property to look like this from an aesthetic point of view. Etching on the panels can also be greatly reduced. We know that shading is the great enemy of solar panels. Shading equals increase in heat and stress upon components and a drop in output. The message then is clear, bird dropping issues need to be addressed. Solar panels heavily soiled with bird droppings essentially block all sunlight and will not be washed away when it rains. The presence of the birds under or between is a risk to the investment in the solar panels as they can cause damage to wiring and introduce debris which can reduce the panel’s efficiency and rate of return. The major problem contributing to a reduced rate of return is bird droppings which can significantly reduce a solar installation’s efficiency as well as increase maintenance costs. 3.2 within the lease agreement clearly states that "at its own cost and expense the tenant ... will be responsible to make good, at their own expense any damage to the premises caused by them or their contractors when installing, maintaining or removing the system" 3.3 states that the tenant (ASG) will "at its own cost and expense keeps the system in good repair condition and working order for the entire time of this lease and to furnish any and all parts, mechanisms and devices so required to keep the system in good working order" 3.4 goes on to say that the tenant has responsibility for "taking any necessary measures to repair the system if or when the need arises" It is very clear from research and evidence that solar panels are prime nesting venues for birds. The evidence also shows that these birds can cause significant damage to the roofs on which the panels are situated, the wiring and mechanisms underneath the panels and significantly reduce the effectiveness of the panels as a result of bird droppings. The lease agreement signed by the property owners clearly states that A Shade Greener are entirely liable for the cost of any maintenance or repairing of damage. Therefore, as the installation of ASG's panels on the landlords roof has caused a significant problem with birds, ASG are financially liable for the installation of "bird proofing" measures. This is an essential maintenance task and not something that the landlord is responsible for financing, as defined within the lease agreement. I therefore request that bird proofing is carried out on the solar panels attached to this property, at no cost to the homeowner. Despite numerous emails with ASG and the fact they are in breach of the lease agreement (this being a maintenance task), they still want me to pay for the pigeon protection. I think not ASG, we will have to take this further.
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