Tips for Solar Contractors

Posted by in Real Estate Law on August 7, 2011

By Gary Moselle

Solar installation contracting can be good business. It’s easy to understand why. A Federal tax credit covers 30% of your client’s cost. Rebates, incentives, lease deals and power purchase agreements can reduce up-front cost to near zero. And the cost of solar arrays drops 10% nearly every year.

But solar contracting is different. Conventional construction is sold with a cost estimate. Solar jobs are sold on a forecast of cost savings. Plenty of Web sites will do a forecast of solar savings. Just plug in your numbers to get a persuasive sales packet – usually with savings in the thousands. Then total the financial incentives, rebates and credits listed for your community.

What comes next is harder: The installation contract. Why? Because with solar, the cart goes before the horse. You start with a signed contract based on the forecast of savings. Then you draw plans and do the engineering.

Why get a signed contract before plans are final? Because putting the job together takes time and costs money: approvals and commitments (utility company, HOA, building department), engineering and a site audit. Don’t start jumping through those hoops without a signed contract and a deposit.

Exactly what gets installed? Eventually there will be working drawings for your solar job. But that’s not going to happen before you ask for a signature on the contract. So your contract has to list what gets installed. Fortunately, that’s a short list: the panels, the inverters, the mounting system, maintenance and monitoring. That’s all you need to bid most solar jobs. If something changes later, be sure there’s a contract clause that covers substitutions.

Incentives, credits and rebates. Your forecast of cost savings should pile these on as deep as the law allows. But cover two points in your contract.

1. Solar incentives change and expire. Don’t guarantee any specific credit or rebate. Until the permit is issued, your client should have the right to cancel if incentives evaporate.

2. You need the right to apply for incentives, rebates and credits in the name of the owner. Cashing in on these incentives takes more time and persistence than most owners are willing to invest.

Guarantee the savings. That’s very persuasive when it comes time to sign the contract. Your guarantee doesn’t carry much risk (if done right) and creates extra solar business: Make the guarantee contingent on annual maintenance and monitoring by your company.

The service entrance panel. This is where even experienced solar contractors stumble. The existing breaker box is always a question mark when planning a solar job. Either it needs major work or it doesn’t. Replacing the existing box can add $2,000 to a residential solar project. Your contact has to cover the contingencies.

Warranty. Residential solar jobs are residential construction. The warranty in a solar contract has to comply with state law for home improvement work, just like everything else in a solar contract.

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Reasons For An Extended Lease

Posted by in Real Estate Law on August 7, 2011

By Tim Bishop

Getting an extension on a lease is a benefit to most leaseholders and therefore is something which is seriously worth considering. Under statute you have the legal right to get an extension on your lease for up to 90 years (Leasehold Reform Act 1993). Once this extension is granted, you are no longer liable to pay ground rent to your landlord. This article discusses the benefits of getting an extension on your lease.

One of the main reasons you should think about extending a lease is because as your lease decreases, so does the value of your property. If you have a very long lease (such as one that lasts for more than 100 years) then this will make little difference to the value of your property, but once that number starts to go down, then the money you can expect to make on the flat or house will also decrease. This is why extending a lease is encouraged.

Another reason to consider an extended lease as soon as you can is to avoid having to pay what is called marriage value. This is charged on leasehold extensions where the original lease has less than eighty years to run, so it is definitely in your interests as the leaseholder to start the application process as soon as you can. As long as you have owned the property for two years and your original lease had at least 21 years on it, you will be eligible to apply.

Also, if you think that you are going to want to sell your property in the future, then you should give some thought to an extended lease. This is because it can be harder to sell your property on if the lease has less than 60 years to run as mortgage lenders are more likely to view it sceptically. So, not only will a short lease make it harder for you to find a buyer for the property, but even if you do then your buyer is likely to find it tricky to get a mortgage to complete the deal.

Finally, extending a lease can give you peace of mind as it means you won’t have to worry about what will happen if you are still living in the property when the lease runs out. It makes overall good sense, so if you are interested in an extended lease, get in touch with a specialist solicitor.

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Seven Employment Lessons to Be Learned From a Recent Supreme Court Ruling

Posted by in Labor Law on August 7, 2011

By Ari Rosenstein

It seems that labor and employment law cannot stay of the news headlines for very long. The US Supreme Court recently ruled in a nationwide discrimination class action lawsuit, one of the largest discrimination suits in history. The lawsuit represented over 1.5 million women who claimed that had been discriminated against. After working its way up through the judicial system, the Supreme Court eventually heard the case and turned down the lawsuit. They stated the class action lacked a cohesive claim to bind them together as a class action. This landmark decision addresses several important issues relating to all class action lawsuits, and provides important insights towards implementing human resources best-practices.

The case clearly impacts the way employers address human resources practices, and other HR policies and procedures. Even if a company has recently updated its employee manual and management practices, they should once again review these policies in light of the Supreme Court decision.

Below are seven important take-aways that employers should consider implementing to comply with EEOC anti-discrimination policies. Putting these actions into place will help to protect them against future class actions, as well as other discrimination related lawsuits.

  1. Carefully review pay and promotion policies to determine whether or not they could be misconstrued as favoring one class over another.
  2. Eliminate all subjective decision-making processes by clearly linking promotions, demotions, raises or bonuses to objective goals and job performance.
  3. Ensure that all managers who are tasked with performance appraisals are properly trained on the relevant labor laws, proper employment practices and appropriate decision making processes.
  4. For those employees who have been turned down the possibility of a promotion, or who were denied a raise, consider implementing an appeal process.
  5. Investigate, and implement, other corporate policies with the purpose of increasing diversity in the workplace, and preventing discriminatory practices.
  6. Continue to train and communicate corporate policies to the staff, particularly in the areas addressing anti-discrimination practices, career growth opportunities, and the ability to access further education.
  7. Take employee complaints seriously, document your response and follow up, and be sure to address each issue on its own individual merits.

As we have witnessed time and again, the playing field of labor and employment law continues to change and evolve. The rules are not static, and employers must make all efforts to remain abreast to these changes, and recognize how they impact their human resources practices in the workplace. When in doubt, prior to making any employment decision, it always recommended to consult with a human resources expert or labor attorney. The short-term cost will be well spent in protecting against long-term expenses.

Ari Rosenstein is the Director of Marketing at CPEhr, a human resource consulting firm, specializing in labor law compliance and PEO services. It currently services 15,000 employees and hundreds of clients nationwide. CPEhr was founded in 1982 and assists small employers with the management of their employees and compliance with employment regulations.

Services include: – HR Compliance – Human Resources Administration – Legislative Compliance – Employee Benefits – Risk Management and Workers’ Compensation – Payroll and Tax Administration – Management and Employee Training – Recruiting Services

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