Solar

Legionella is a bacterium that causes a form of potentially fatal pneumonia. It can grow in solar-thermal heating systems where the bacterium can accumulate in warm, stagnant, or infrequently drained water from the storage vessel. Errors in design/assembly, poorly maintained systems, and inadequate sanitizing of parts and surfaces can support growth. Exposure to third parties can result in severe health issues like Legionnaires’ disease.

Companies may provide in-house design services that can result in professional liability. Design work may include performing all the design work, performing some work relative to an aspect of the solar energy system, or providing professional opinions on design aspects. Design exposures can include the design and engineering of the system, selection of parts and equipment, considerations of roof material and structure, building orientation, loading requirements, and compliance with building and electrical codes and utility interconnection requirements. Errors and omissions can delay time, budget overruns, and rework.

Contractors may make modifications to design specs while at the jobsite. Malfunctions arising from these changes create a direct professional responsibility for the contractor.

Subcontractors may be used for electrical, mechanical, plumbing, or roofing work, and the contractor may have to defend against claims relating to work for which they were responsible due to the hiring, selection, and supervision of the subcontractors.

Installation of solar panels can involve drilling holes into the roof. An improperly installed section of solar racking, including the flashing and sealants, can cause water to leak into the building’s underlying wood and structure and grow mold and algae, leading to property damage and posing health hazards to building occupants. Improperly mounted anchors can also pull out of roofing from exposure to heavy winds and create an entry for moisture intrusion to occur.

Improper installation and maintenance of solar-thermal water heating systems, including pipes, fittings, pumps, tanks, and freeze protection, can leak and corrode, resulting in water intrusion into building materials and subsequent mold growth.

Installation operations involve using various materials such as adhesives, solvents, sealants, silicones, tar, and polymers that can be flammable, toxic, and hazardous. Accidental spills and leaks at the storage location, during transportation, and at the jobsite may cause third-party exposures and cleanup. These materials can give off toxic, hazardous toxins or fumes that can be drawn into the building and ventilation system. Flammable products may result in a fire that spreads and releases other contained materials and produces hazardous vapors.

Contractors can be held liable for improper disposal of materials. Solar panels are manufactured using hazardous materials such as lead, cadmium, sulfuric acid, silica, and chromium and are considered a form of toxic, hazardous electronic waste. Disposed materials can pose an environmental liability if toxic materials leach out and contaminate soil and water supplies. Contractors are also responsible for determining if spent solvents, chemicals, lead-acid batteries, and other wastes are subject to the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations. Improper disposal could lead to cleanup and third-party liability, and there may be legal consequences for violating RCRA hazardous waste requirements.