ComplaintsforBuffalo Solar

• Initial Complaint

  06/23/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  January 5 2022 contract date $13,250 Deposit pd 1/21/2022 Electronic transfer. total contract price 113,442.50 ON June 21 I received a termination letter offering $2000 back of my $13,250 deposit . ********** ****** ******** has not had any request for termination and the owner falsely makes various reasons that have nothing to do with this contract. Due to refusal to honor contract, I am requesting full refund of my deposit or honor the contract as written and complete the job.. His failure to rectify damage and installation problems with solar panels on my personal house has no bearing on the office contract with ********** ****** ********.

  Business response

  07/05/2022

  *** ******** signed a contract with Buffalo Solar on January 5th, 2022.  After a revision, due to a change order, permitting was received and a request to install on March 1st, 2022 was sent out on 2/24/2022.  *** ******** responded to that request on 2/24/22 at 6:52 pm stating he would be out of town March 2nd to the  6th.  On February 25, 2022 we sent  a request to install the 7th-11th offering flexibility.  Here is *** ********’s response: --------- Forwarded message ---------From: ***** ******* **************Date: Fri, Feb 25, 2022, 5:24 PMSubject: Re: Solar Project Update: Installation Date ConfirmationTo: Quinn P***** ************************Like I said I will be gone then. Don't want to make the same mistake I made when I let the roofers work on my roof when I was away. I need to inspect the attachments before panels put on for office so same problem doesn't occur. Also not happy with winter installation on any roof due to snow and temperatures. SEALERS don't perform as well. My partners are not happy seeing the problems I am having with my home. So unfortunately now will have to insist on April installation. The failure of the sealant on my house can't be fixed till then also. ***** It seems that *** ******** noted that the roof installation occurring while he was away was a major problem. He then goes on to state that the solar is what caused the issues, not the roof installation. The final result of *** ********’s home since it was mentioned was not caused by the solar but deemed an improper roof installation by the insurance company and Dr D’Angelo himself. *** ******** stated in his complaint that “Failure to rectify damage and installation problems with solar panels on my personal house has no bearing on the office contract with ********** ****** ********.” However, from the above we can see that the issues at his home caused the suspension of work which resulted in the project being terminated. We have gone above and beyond to assist *** ******** with the problems he is experiencing at his home. As mentioned in the termination agreement, we have exercised our Contractor's right to terminate the Construction Contract pursuant to Section 18(b)(ii)(c) which gives Contractor the right to cancel the agreement “In the event the work is suspended at CUSTOMER’s direction for a continuous period in excess of thirty (30) days, unless such suspension is occasioned by CONTRACTOR’s failure to comply with its obligations under this agreement”.  We think that this situation fits into this clause justifiably and Buffalo Solar is enforcing its contract rights and is at no fault. We have additionally gone above and beyond our warranted responsibilities to rectify the situation at *** ********’s home which we had hoped would keep a happy customer as well as move this suspension along, but it seems we cannot satisfy him with reasonable solutions. *** ******** has attached the contract and termination agreement.   Section 18(c)(ii)(iii) acknowledges payment of terms. “Customer shall reimburse Contractor the prescribed proportion of the contract price that the work actually completed bears to the entire work under this agreement”  We have completed all development work on this project and the project is at shovel-ready status including all engineered designs and plan sets, (5) approved interconnection agreements, (5) approved NY-Sun incentive applications and an approved building permit. As far as project timelines go, 80% of the work has been done on this project and our team has spent almost $6,000 dollars in engineering and permitting costs and, additionally, about 75 labor hours getting these entitlements approved. Our typical billing rate is $125 per hour, so our offer to refund *** ******** $2,000 from his initial deposit (which was intended to pay for the work we have already completed) shows a steep discount. We have procured equipment for the project and have been ready to install it since February 24th; the delay of such installation is the reason for our cancellation. We have offered to transfer and assign all of these entitlements to *** ******** and to the installer of his choice to complete his project so that he would not lose any money due to the new installer needing to do double-work to design, engineer and lock down entitlements and incentives. We feel we have been extremely generous in trying to satisfy *** ******** and have nothing but good will towards him. 

  Customer response

  07/06/2022

  Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I Regards, ***** ********I insist on the original request for resolution due to the following facts.Buffalo Solar received a request to complete project when weather was more favorable to proper sealing of holes that will be placed during installation as copied in email to Buffalo Solar. We had requested installation in April. Buffalo solar did not respond with any complaints for that date or evidence that my request was unreasonable.  The April time frame came and they did not honor the installation. They also did not give notice of termination for that cause at the time. They continue to fail to abide to the contract at this late date and only did they give notice on June 25th to request termination. Therefore ********** ****** should not be charged any costs due to the Buffalo Solar's failure to abide to the contract. The June  request for termination for cause is invalid as ********** is not holding up the project. Only Buffalo Solar is holding up the installation. ********** ****** has not asked for termination and Buffalo Solar continues to fail to complete project so a full refund of deposit is due or the completion of the project as listed.

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