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BLOG / 04.06.26 /Jared Turman

Smith, Buss & Jacobs, LLP Secures Summary Judgment in Solar Panel Warranty Dispute

Smith, Buss & Jacobs LLP recently secured summary judgment dismissing all claims against our client, a solar panel installer, after a homeowner mistakenly sued the installer based on a manufacturer’s warranty. The installation proposal included energy savings estimates tied to actual usage and referenced a 25-year manufacturer’s warranty.

Several years after installation, the homeowner asked the installer to remove the solar panels so the roof could be repaired due to a leak. The homeowner never requested that the installer reinstall the panels. Instead, the homeowner later filed suit claiming, first time, that the panels had never functioned properly, had not produced the promised energy savings in breach of the manufacturer’s warranty, had damaged his roof, and that the installer refused to reinstall them after removal.

The claims could not be supported. In granting summary judgment and dismissing the action, the Court noted that the proposal and specifications clearly stated that the manufacturer, not the installer, provided the 25-year warranty. The homeowner’s performance-related claims dating back to 2017 were also time-barred. Even if they were not, the evidence demonstrated that the panels performed as promised from 2015 until their removal in 2021. The Court also rejected the claim that the installer refused to reinstall the panels, as there was no evidence the homeowner ever asked the installer to do so.

The homeowner’s continued energy costs were also unsurprising. The evidence showed that the homeowner had exceptionally high energy consumption. While solar panels can reduce energy costs, they cannot eliminate them when usage exceeds production.

Key Takeaways

This decision highlights several important points:

• Review contractual documents carefully before filing suit. Identifying the correct warrantor is critical.
• Warranty claims must be brought against the proper party and within the applicable statute of limitations.
• Consumers must act promptly if a product is not performing as expected.

Smith, Buss & Jacobs LLP represents businesses and contractors in contract and warranty disputes throughout New York. If you have questions about warranty liability or are facing a similar claim, contact our litigation team to discuss your legal options.