Standard contract clauses [RE-wrenches]

Jeff Yago jryago at netscape.com
Fri Jun 13 06:25:44 PDT 2008


I am sure over the years we each have developed our own client contract forms and have added what we thought were good "common sense" clauses and terms in clear language, with not too much lawyer dribble.

However, it seems to me as more and more states allow grid-tie or rebate programs, many of us are having to add contract terms that specify system performance, warranty issues, install damage, and liability. I also am thinking that as the solar industry, solar equipment, and our installation practices have become much more standardized since we first started, we would benefit from advice from others who have run into those types of contract problems that forced them to add another protection clause that could keep the rest of us out of the deep woods.

I suggest that as our industry becomes more standardized, perhaps we all can become more standardized with a good general set of contract terms that would apply to almost all solar installations. If you ever had to sign one of those forms for you doctor, car repair shop, or insurance agent, I am sure most of that language was a collection of experiences of many members in their trade groups, and not something they wrote totally on their own. They each would face the same type issues and I think you will find little difference from firm to firm. Of course, they all had a trade group that was looking out for them.

As you know, I have been a very vocal critic that there is no solar organization out there looking out for just the solar installers. The established solar trade groups seem to be too busy trying to lobby congress or protect the major equipment manufacturers, and nobody is protecting the interests of the installer. Until that changes, we will just have to bump along on our own, and this email is just another example of why this organization is needed.

How about listing one or two contract clauses you are now using, and if there was a problem that required you to start using that specific contract clause. Maybe over time we can come up with our own industry standard contract that will only require minor changes from state to state.

Thanks to all,

Jeff Yago



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