Path-Q Solar
What contract language protects me if the installed solar system produces less than promised?
Answer
The contract should define a measurable production guarantee, the measurement period and assumptions, permitted exclusions, the remedy for shortfall, and who bears monitoring and maintenance responsibility. A general statement that the system is expected to produce a certain amount is weaker than a specific contractual guarantee.
Key points
- State the guaranteed production amount, time period, and measurement location.
- Identify modeling assumptions such as shading, orientation, degradation, downtime, and weather.
- Define acceptable exclusions and require the installer to maintain monitoring access.
- Specify remedies such as corrective work, compensation, or another clearly defined remedy.
What it depends on
- System design and modeled production
- Monitoring data and meter configuration
- Weather, shading, equipment availability, and maintenance
- The guarantee’s exclusions, dispute process, and remedy
Risks and trade-offs
- A production guarantee may exclude many causes of underperformance or offer only limited remedies.
- A higher promised output is not comparable unless the modeling assumptions match.
- Production remedies may not compensate for all lost savings or financing costs.
Information you may need
- The production model and assumptions
- Annual or monthly guaranteed values
- Monitoring and verification procedure
- Exclusions, cure period, and remedy language
Your next step
What to do next
Ask each installer to place the production guarantee and remedy in the contract, then compare the guarantees using the same assumptions and measurement method.
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SQ00338