NABCEP liability (Wrenches) [RE-wrenches]

Bob-O Schultze, Electron Connection econnect at snowcrest.net
Tue Dec 17 09:42:55 PST 2002


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Jeff,
I appreciate you taking the devil's advocate position on this. It 
helps to have lots of opinions so we can try to get it right the 
first time. As Don Loweburg mentioned, NABCEP is seeking legal 
council to help us set it up.
NABCEP will very likely not be doing site inspections. IF the 
complaint is from a consumer, then there will likely be a paper trail 
as the problem moved through county and state jurisdiction. My guess 
is that will be the basis for any NABCEP investigation. If the 
complaint is Wrench vs Wrench, my guess is that the complainant may 
have to bear the cost of an inspection if that is necessary. Since 
this is totally unknown and hasn't happened, I'm only guessing how it 
will go down. Certainly, NABCEP won't be posting that someone does 
trash work. It may be that the company just gets dropped from the 
certified list. Again, this is all unknown and it's great to do these 
"what if" things now.
The main point is that NABCEP certification is voluntary. If you 
"volunteer" to be certified, then you will sign a document agreeing 
to the Code of Ethics and NABCEP procedures in the event of a toot.
I realize that with CA and maybe other states possibly requiring 
certification to get a better incentive award, the voluntary aspect 
of certification gets a little more vague ( if you can't get the 
jobs, you can "voluntarily" go out of business, can't you?), but 
NABCEP cannot be held accountable for what states do or how they 
structure their gimme programs.
Best, Bob-O

>This all sounds great in emails But:
>
>"If NABCEP receives complaints against a certified installer, a
>specific investigative process will follow."
>
>This sounds like somebody will need to "inspect" the problem
>installation.  Who pays for that, what if its 10 states away?
>
>
>"Installers who do not live up to the Code of Ethics will have their
>certification revoked, and that revocation will be publicized to
>prevent unknowing consumers from being taken advantage of by unethical
>solar installers."
>
>I know attorneys who have had a field day with that one in other
>professions (i.e. doctors, reporters, accountants - remember?).  You
>better have a good attorney if you go posting a public notice to
>potential customers of 'Mr. solar expert" saying he does trash work!!
>
>Again,  I think this is a legal nightmare that is about to wake up.
>
>Jeff Yago

-- 
Bob-O Schultze, Electron Connection
PO Box 203, Hornbrook, CA 96044
800.945.7587 or 530.475.3402
fax 530-475-3401
www.electronconnection.com

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