Legal Protection for Installation Defects and Insufficient Energy Yield
The decision to install a photovoltaic or solar thermal system represents a significant investment, driven by the desire for energy savings and environmental sustainability. However, when the system fails to deliver the promised performance, exhibits structural defects, or causes damage to the property, the investment risks turning into a substantial financial loss. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands the frustrations and technical issues that arise in these situations, offering targeted protection to recover the investment's value and obtain fair compensation for the inconvenience suffered.
The Regulatory Framework: Installer and Manufacturer Liability
In the Italian legal landscape, the protection of the client in case of malfunction of renewable energy systems is primarily based on the regulations governing contract of works and sale. If the system was custom-built and installed, the discipline of the contract of works applies, which provides specific guarantees for defects and flaws in the work. The Civil Code requires the contractor to guarantee the work against defects that diminish its value or make it unsuitable for its intended use. It is crucial to distinguish between apparent defects, which must be reported immediately, and hidden defects, which only emerge with use.
A crucial aspect concerns the severity of the defect. If incorrect installation of the panels leads to a risk of collapse or ruin of the property, or presents serious construction defects (such as water infiltration from the roof caused by the panel supports), Article 1669 of the Civil Code may apply, extending the contractor's liability up to ten years from the completion of the work. Furthermore, in addition to direct damages, i.e., the cost of repairs or replacement of components, the law recognizes the right to compensation for lost profits. In the context of photovoltaic systems, this translates into the failure to produce electricity and the consequent loss of state incentives (such as the "Conto Energia" or "Scambio sul Posto") or the bill savings that were contractually projected.
The Bianucci Law Firm's Approach
Avv. Marco Bianucci, a lawyer specializing in civil law and contract law in Milan, handles disputes related to photovoltaic systems with an analytical and multidisciplinary method. The complexity of these cases often lies in the need to technically demonstrate that the low yield of the system is not due to climatic factors, but to design errors, incorrect inverter sizing, uncalculated shading, or defects in the modules themselves. For this reason, the firm collaborates closely with trusted engineering experts to initiate, when necessary, a Preliminary Technical Assessment (ATP). This procedure allows for the crystallization of proof of the defect and quantification of the damage before initiating any ordinary legal proceedings, often facilitating a swift out-of-court settlement.
The defense strategy focuses on a meticulous analysis of the supply and installation contract. Often, unfair clauses or illegitimate exclusions of liability that the installer attempts to assert against the client are identified. The objective of Avv. Marco Bianucci is to ascertain the causal link between the installer's breach of contract and the economic damage suffered by the client, acting promptly to interrupt the prescription and forfeiture periods, which in this area can be very short.
Frequently Asked Questions
Can I claim compensation if the system produces less than promised?
Yes, if the energy production is significantly lower than the estimates provided in the project or contract, it is possible to claim compensation. It is necessary to demonstrate that the production deficit stems from design errors (e.g., incorrect exposure, cable sizing) or component defects, and not from unforeseeable natural causes. This damage is classified as lost profits.
Who is responsible between the panel manufacturer and the installer?
Generally, the primary point of contact for the client is the installer with whom the supply and works contract was signed. The installer is responsible for the final result. However, if the defect lies in the component itself (a faulty panel or inverter from the outset), the installer may seek recourse against the manufacturer, but towards the end client, they remain the first party called to account, except in specific cases of direct manufacturer warranty.
Within what timeframe must I report system defects?
The time limits are very strict and vary depending on the contractual type (sale or works contract) and the nature of the defect. In the case of a works contract, the report must usually be made within 60 days of discovering the defect. For serious structural defects, the deadline is one year from discovery. It is vital to consult a lawyer as soon as a malfunction is suspected to avoid forfeiture.
What happens if the installation caused roof leaks?
In this case, damage to the property caused by the non-workmanlike execution of the work is constituted. The installer is obliged not only to restore the functionality of the photovoltaic system but also to compensate for the costs necessary to repair the roof and any internal damage to the home caused by water infiltration.
Request an Assessment of Your Case
If your photovoltaic or solar thermal system is not working as it should, or if the installation has caused damage to your property, it is essential to act quickly to protect your rights. Contact Avv. Marco Bianucci for a preliminary review of your contractual and technical documentation. The firm, located in Milan at Via Alberto da Giussano 26, is available to define the best strategy aimed at obtaining fair compensation.