I hit the first hiccup in our solar project a little more quickly than I expected.
I was talking with the project manager and they asked:
In regards to your trench, I want to confirm whether or not you would like Renu to complete this or if you are going to have it done outside of Renu. If you would like to include this in the scope of work for Renu, I will get a precise quote for you on this.
This was a hiccup because I assumed that trenching was included.
While I am not a lawyer, I have a lot of experience reading contracts after 20 years of running my own company, and I had gone through our purchasing contract with a fine-toothed comb. I found a couple of references to trenching.
5 - GROUND MOUNT PURCHASER OBLIGATIONS If System requires trenching operations, Purchaser is responsible for marking underground private obstructions at Purchaser’s expense.
I understood that it would be at our expense to make sure there were no private utilities in the way, but this paragraph implies that the trench itself would be the responsibility of Renu.
6 - GROUND MOUNT PURCHASER REPRESENTATION If System requires trenching operations, Purchaser represents that the trenching path from the PV array to the point of interconnection is free from aboveground and underground obstructions. Obstructions include, but are not limited to, boulders and underground utilities. Obstructions encountered during trenching and boring operations will be subject to a change order, with the costs of the same to be paid by Purchaser.
Again, this talked about obstructions that would incur a change order and additional costs, but the wording implies that Renu would be responsible for the main trench.
Nowhere does it say that Renu will explicitly dig the trench and nowhere does it say that the Purchaser (us) is responsible for the trench. The contract does say that it is a ground mount installation as well as:
III. Renu will procure, install and integrate, in a good and workmanlike manner, the equipment described and purchased on page 1 of the Agreement so as to deliver an operable solar power generating System
so as a trench is part of a ground mount installation, per the contract Renu is responsible for it.
I was told that 100 feet of trenching was supposed to be included in the quote but that was not made clear in any of the documentation I received or in the legally binding contract. According to the The Big Bang Theory, ambiguity in a contract benefits the party that didn’t write the contract (us), so I could probably push to get the trench for free but I’m not going to quibble over a couple of hundred dollars.
I did push back to learn of any other expenses of which I should be made aware and got a nice message back saying, no, unless there are real extenuating circumstances, such as hitting a huge boulder while digging the trench or weird electrical considerations, the trench should be the only extra cost.
We have 11 days from executing the contract to cancel it, and I have been tempted to reach for that cord, but at the moment I plan to see this through. Our site visit is scheduled for August 21st and that should provide more clarity on the project, and my hope is that once that is done the rest will go smoothly.