Power Production Management - Profile & Reviews

Power Production Management has filed a lien on our property knowing that we were trying to refinance. They chose to file a lien than address the issues (such as missed deadlines, roof damage, leaving a hole in our roof for several days during considerable amount of rainfall, etc.) even though PPM had 90 days (October) to file the lien. I look forward to PPM trying to foreclose on our property to enforce the lien so I can exercise my legal recourse against them and hopefully force PPM to implement procedures and policies to safeguard their customers or to at least share my story so potential customers can make an informed choice. I invite the media or anyone else to contact me for more information including emails and pictures.

July 17, 2017

RE: DEMAND TO CURE and/or FOR RESOLUTION

Power Production Management, Inc
408 W. University Ave., Suite 600B
Gainesville, FL 32601

Dear ,

Unfortunately, the difference in your tone from ready to “make things right” to your last email of legal posturing is quite disappointing. The inconsistent/contradictory actions and/or statements from your company continue with the alleged “free solar panels.” Evidently, you should have explained this to Mike and your installers because that is not how they presented the change in moving the panels to the west roof and increasing the number of the panels. Contrarily, the change and increase was once again blamed on poor company practices by your own employees.

As you are well aware, my emails listing your company’s failures to fulfill its promises are far from feedback. Despite your sudden insistence that your company has fulfilled all of its obligations under the contract, the facts, emails, comments, admissions, etc. indicate breaches of obligation and duties under contract and tort law by your company. Furthermore, your company failed to mitigate damages despite the warnings of damages suffered and the likelihood of further damage without your company changing its behavior.

As to date, your company has failed to provide any sort of compensation for the failure to meet your contractual deadline. You failed to further mitigate delays by negligently forgetting to send a signed application and payment to Duke Energy despite insisting that this had been done a week earlier. Your company has failed to compensate my family for rescheduled plans and loss of work due to your company changing plans at the last minute. Furthermore, PPM has failed to provide reasonable compensation for the inability to refinance due to breach of deadline, the inability to accurately submit paperwork, and other breaches preventing completion and lien release.

Your company also breached its obligations when it removed the materials from the worksite despite the “materials payment” being made prior to removal. This was done without notice from PPM and without any notice from PPM when or if PPM would return with the materials to complete installation. Given the circumstances and the “hiccups” of PPM up to that point and the fact that the PPM installers walked off the worksite earlier than promised, I considered this a breach of contract and really didn’t know if PPM was even returning. While PPM and its employees evidently enjoyed an extended holiday weekend, my family and I were left to worry about the mistaken trust that was placed with your company.

Your company was notified prior to contract and once again prior to installation of the solar system of the need to use extraordinary care due to my health and our anxiety over water intrusion, mold, etc. As you are aware, your company’s handling of this matter sent me into multiple attacks everyday causing excruciating pain which has yet to cease. Furthermore, knowing our history and the origination of my health condition, your company breached its duty and was grossly negligent in leaving our roof openly penetrated for days during considerable rainfall. You have indicated that you understand the anxiety that we now feel.

Due to the history of roof leaks, mold, etc. and my resulting health condition, Mike and I discussed the mounting of the solar panels and he assured me that PPM was excellent in locating the rafters, anchoring, and sealing to prevent any water intrusion. Sunpower installation guide specifically allocates “Care of the roof during the installation.” to the installer. The Sunpower Installation guide also indicates that the installer “Mark the rooftop for penetrations.” Also, the Solar Agreement Addendum executed by PPM specifically states that “Contractor guarantees that all roof penetrations for mounting hardware will be made only into the rafters”. PPM breached their duty of care by not marking the rafters for roof penetrations as would have been reasonable and pursuant to Sunpower guidelines. Moreover, PPM breached its promise to only make penetrations into the rafters. Instead, PPM installers drilled holes at each L-mount location missing the rafter more often than not until they found the rafter. Finally, PPM installers chose not to use safety apparatus when installing the panels but instead stood upon the railing system potentially compromising lag screw torque, watertight seals, etc. which could lead to water penetration.

PPM breached its duty not to cause damage to our home during installation, however, damage was caused to our roof and to our gutters. Furthermore, despite PPM having a duty to mitigate damages and being warned of the damage being caused, PPM chose to continue to use the same path, use the same staging area, work while the temperature was above 85 degrees when the roof would be easily susceptible to damage, failed to use protective shoes and mats, failed take other necessary steps to minimize bruising, blistering, gouging, and/or buckling. This has already been addressed and pictures provided in prior emails to PPM. PPM installers have made supporting comments and admissions. A Florida licensed roofing company who also installs solar is set to inspect the damage on August 1, 2017 and provide the estimated costs to fix the damage.

There have been several inconsistent and/or contradictory statements and/or representations by PPM employees which constitute breaches of obligation and duties under contract and/or tort law. Furthermore, your company has breached its obligation to furnish any and all lien releases upon any of the payments that have been made.

Despite having been given ample opportunity to cure and/or resolve these issues, your company has failed to offer cure or resolution to any of the issues presented. With all due respect, it is time for Power Production Management to step up and make things right. Since you have placed the burden on me to attempt to resolve this matter, I have drafted a Settlement Agreement which is attached hereto.

Although I hope we can reach a resolution, I doubt it based on the tone of your last email and your now outright denial of responsibility despite the facts, admissions, comments, etc. Therefore, unfortunately, I remind you that I am not the one who failed to fulfill obligations and duties, I have suffered considerable damages, and PPM has a continuing duty to mitigate further damages. Furthermore, in the event that PPM fails to cure and/or resolve these issues, I will be forced to seek legal recourse with the courts (not an arbitrator) to determine if the binding arbitration clause is enforceable and since there are claims that can be asserted that are not under the contract.

Please review the attached Settlement Agreement, execute, and return. Upon receipt, my wife and I will execute and a copy of the fully executed Settlement Agreement will be returned to you for your records.

Regards,

Kendall Ray

-----Original Message-----
Sent: Tue, Jul 11, 2017 4:31 pm
Subject: Re: ISSUES
Kendall,

Thank you for your feedback. Please rest assured that we take your feedback very seriously.

We have provided you with over $1,000 worth of free solar panels. This was not in response to the array re-positioning, but as a courtesy to you and your wife.

We have hundreds of satisfied clients and hope that you will join their ranks. At this time, although we feel as we have fulfilled all of our obligations under the contract, you have made it clear that you are not 100% happy. We would like to know what you feel will make you happy and we will let you know what we would be willing to do to help.

In the meantime, please proceed with the payment schedule outlined in your contract so we can finalize the project and release the lien.

Kind Regards,

ᐧ

On Mon, Jul 10, 2017 at 8:22 PM, < > wrote:
July 10, 2017

Hello ,

We are flabbergasted at some of your comments and/or questions simply because we were made to believe that all of this had been brought to your attention already.

By the way, never answered my question from my last email on Friday about whether other signatures are needed on that Duke Energy Application that she forwarded to Duke without your signature.

In regards to the roofing issues that were discovered that we reported to your installers as soon as they arrived on July 5, 2017, we were told that they would let you and Alex know and also find out how to proceed regarding not causing any more damage to the area of repeated foot traffic. They informed us that the same traffic path should continue to be used since it would need to be repaired anyway.

8. See first picture. Not only is Jacob wrong but he is one of three installers that assured both my wife and I on the last day that it was fixed. Your installers admitted on July 5 to mistakenly leaving it unsealed from day one when it was made.

9. See second picture. We were assured that you also knew about this. Your installers confirmed that the shingle was worn through. On the last day we were assured it would not leak, Jacob was part of the group, by using flashing, sealant, and throwing roofing granules on top.

10. More pictures of roof to be sent (size limitations). On July 5, we pointed out the damage that the roof was experiencing due to the repeated foot traffic and staging area. After your installers allegedly made a call to the PPM office, I was told that they were told to continue to use the same path since the area would be repaired. This is a three year old roof that has had no damage previously. It was reported as in perfect condition by an inspector when we bought the house in 2015. Mike and I had been on the roof and there was no noticeable damage. Your installers never mentioned nor noted anything to me before starting installation. Your installers tried to refute one bubble but not all bubbles. They did not refute that gouges. We were told they were fixed with sealant and throwing roofing granules on top. I was told that the office "the higher ups" were to get back in touch with us regarding replacing the damaged shingles.

11. Can't figure out how no one can figure this out. My wife and I left on the morning of June 30 and returned later that day. When we returned, the installers were gone with very little work done. Also, all materials which we had paid for had been removed from the job site. There was no communication from PPM at all regarding anything. On July 5, I was told by an installer that they decided they were tired after they went to lunch and went home.

13. See pics.

14. Undoubtedly, there was water penetration due to open penetrations and considerable downfall. Unfortunately, the open penetrations were over where there is no attic access. Even your installers agreed, apologized profusely, and agreed that the foam would prevent a leak from being undetectable for years or even decades.

15. Wasn't just Joe. If your are guaranteeing the first year power production of 31,530kWh annually per Mike, then we can resolve this.

16. Not even sure about the slight shift regarding the vent...not what I am referencing. This is probably the least of our problems now but Mike should be able to give more insight into this.

17 & 18. This is more of a company issue that I am not prepared to disclose without PPM entering into an indemnity agreement, etc. in case of anyone seeking legal action for disclosure.

Honestly, we have repeatedly tried to give the benefit of the doubt here but have repeatedly been let down. At this point, we are not sure that anything that you can do will make us 100% satisfied. However, with that said, we would consider an offer of resolution in exchange for a non-disparagement agreement.

Kendall

-----Original Message-----

Sent: Mon, Jul 10, 2017 6:02 pm
Subject: Re: ISSUES
Kendall and,
Thank you both for putting this together. We all reviewed this situation today and agreed that there are some areas that we could have improved on your project. There are some items that I would appreciate some clarification on from you please:

8. Leaving a roof penetration unsealed for around 8 days during considerable amounts of rainfall;
Are you sure about this? I was assured by Jacob that there was not an open penetration for 8 days, but he may be wrong.

9. Leaving a ridge shingle worn through for a number of days during considerable amounts of rainfall;
I was not aware of this. Do you have any pictures from your roofer that shows the damage?

10. Damage to roof due to safety equipment roof penetrations, walking on ridge, sliding down the roof, rubbing of safety chain, repeated foot traffic in the same location, gouging by equipment, etc;
Making roof penetrations for safety equipment is standard practice and was sealed. I heard about the safety chain rubbing and foot traffic. Can you please let me know what gouging took place?

11. After material payment, the disappearance of the materials from the worksite for approximately 5 days without explanation, communication, etc. from anyone;
Nobody seems to know what this is in reference to. Can you please elaborate?

13. Not completely sealed foam penetrations;
What foam penetrations are you referring to please? How were they not sealed?

14. Given our history of roof leaks, mold, resulting medical condition, etc, known by Mike even prior to a contract and revealed to you before installation started, the anxiety that we both feel due to the allowance of water penetrating our roof and the uncertainty of whether we misplaced our trust in your company based on the repeated “hiccups” experienced;
I understand. Do we even have evidence of water coming into the roof? If so please let me know immediately.

15. Inconsistent and contradictory statements regarding first year power production;
I apologize that Joe told you contradictory production estimates. When designing your system we took great care in coming up with a proper and conservative production estimate. What you were told by Mike is what you will expect as far as performance.

16. Actual placement of panels versus what was discussed during sales/contract negotiations and plan/permit drawings;
My understanding is that there was a slight shift on one of the arrays due to the location of a vent. This is very common in all installations. Is it an unsightly shift? Can you please explain the problem that you have as a result of this? When reviewing the photos, nothing jumped out at me and we take pride in the aesthetic appeal of our installations.

17. Unwittingly sent emails; and
Which emails please?

18. Unwittingly overheard conversations.
Which conversations please?

In closing, I am simply going to ask what it is that you would like us to do at this point to make you happy. I do not want to simply walk away from your project if you feel that there is anything that we can do to make you feel better. I believe that our crew did a solid job and that you will be happy with your installation for years to come.

Please call me directly if you would like to speak. I apologize for missing your calls but I believe we played a little phone tag last week.

Best regards,

ᐧ

On Sat, Jul 8, 2017 at 3:47 PM, < > wrote:
July 8, 2017

Power Production Management, Inc
408 W. University Ave., Suite 600B
Gainesville, FL 32601

Dear Mr. ,

First, this is to confirm that my wife and I did have a telephone conversation with you on Friday, June 23, 2017 in which you offered your apologies and your promise to make things right. In a follow-up email that same day, you sincerely apologized again and even guaranteed that I would be happy that I chose PPM.

As you know, another “hiccup” on Monday, July 26, 2017 required a phone call to you from my wife to find out what was happening when the installer did not arrive as promised. To our knowledge, no one from your office attempted to reach out to either of us regarding the ongoing “hiccups” since that date to the supposed completion date of Thursday, July 6, 2017. I did receive your voice mail on Friday, July 7, 2017 suggesting that everything looked very good, that you were really happy with the quality overall, and that you wanted to have a follow-up with us to make sure everything was 100% and we were happy. Unfortunately, I tried to call you back several minutes later but had to leave a voice mail with a few detailed reasons, as you should have known, why we are not happy and certainly needed to discuss further. I did notice that you tried to call me later that day.

It was our impression from you that you and your company want to use this as a learning experience to grow. Hopefully, this is what you choose to do with the information that is being presented because it is not meant to be a personal attack against you or anyone at your company. However, what happened with this job is either indicative of persistent ongoing problems OR should serve as a wake-up call that perhaps your company does not have the right procedures, policies, people, etc. in place for its rate of growth, etc.

Unfortunately, we woke up this morning and agreed that we wish we would have never done this because of all the issues that have arisen during this project and we are not even considering the induced cluster headaches that this has caused me. The issues that need to be discussed include but are not limited to:

1. Severe lack of communication, detail orientation, and customer courtesy by PPM’s office staff;
2. The forgotten contract deadline;
3. The forgotten contract deadline causing us to miss our refinancing deadline;
4. The failure to meet the deadline extension;
5. Our cancelled plans to meet company’s needs instead of the company meeting our needs;
6. The JOE incident;
7. No one at PPM able to return a call for 2-3 hours (referencing JOE incident);
8. Leaving a roof penetration unsealed for around 8 days during considerable amounts of rainfall;
9. Leaving a ridge shingle worn through for a number of days during considerable amounts of rainfall;
10. Damage to roof due to safety equipment roof penetrations, walking on ridge, sliding down the roof, rubbing of safety chain, repeated foot traffic in the same location, gouging by equipment, etc;
11. After material payment, the disappearance of the materials from the worksite for approximately 5 days without explanation, communication, etc. from anyone;
12. Scratching of guttering;
13. Not completely sealed foam penetrations;
14. Given our history of roof leaks, mold, resulting medical condition, etc, known by Mike even prior to a contract and revealed to you before installation started, the anxiety that we both feel due to the allowance of water penetrating our roof and the uncertainty of whether we misplaced our trust in your company based on the repeated “hiccups” experienced;
15. Inconsistent and contradictory statements regarding first year power production;
16. Actual placement of panels versus what was discussed during sales/contract negotiations and plan/permit drawings;
17. Unwittingly sent emails; and
18. Unwittingly overheard conversations.

Unfortunately, as you can see and probably already should have known, we are not happy. Evidently, I had high expectations for your company since I did not expect any issues with this project given the reviews of your company. As Mike probably told you, you were not the most expensive but you certainly were far from being the cheapest.

There are a multitude of issues that need to be addressed. Please review asap and either propose a resolution or set a time to discuss this matter further with both my wife and I. Due to my wife’s schedule, we would need to schedule on the weekend or in the evening but of course subject to my medical needs.

We will await to hear from you.

Best regards,

Kendall Ray

Sent: Fri, Jun 23, 2017 5:43 pm
Subject: You solar installation with PPM
Mr. Ray,
I am glad that I was able to get you on the phone to discuss what has happened with your installation so far. I am very sorry for the way that today went for you and we are working to make sure that we never run into something like this again.

We know that you chose PPM over other contractors for a number of reasons and we all greatly appreciate that. I know personally how difficult it is to find a company that you trust enough to allow in your home to do a project.

Joe is scheduled to come out on Monday morning between 7 and 8 am and we will have materials on site between 9 and 10 am. Joe has plenty to do before panels and rails arrive at your home so this time difference will not be an issue.

We will be reviewing your project in our company-wide meeting on Monday morning to address this and immediately implement corrective action. I appreciate you bringing this to our attention as I know that it will only make us better. I guarantee that you will be happy that you chose PPM.

I will reach out to you Monday afternoon for an update. Thank you again for choosing us for your solar project!

Best regards,

1. In home consultant was knowledgeable about the product and could answer all my questions.
2. Was unable to find any negative reviews in Yelp, BBB.
3. Sub Contractor who installed has 3 men for two days. They were efficient, cleaned up and even painted new conduit and panel boxes to match colors of walls in our garage. Sweet!
4. Found us a bank with a one year same as cast to help finance 50% of job so I could use the banks money until my 2018 IRS tax credit is received.
5. Office staff handled all the permitting with the county and electrical company. Very courteous, prompt and professional.

I had a great experience with PPM and think you would too!

My installer used quality panels and the installation was superb. I have never seen two installers give such attention to perfection. They were right on time with the installation and very attentive to detail and clean-up. I am in my 3rd year and sold back kilowatts both the first 2 years. Payback on my investment will be just over 4 years or almost 25% return on my money, helped by the rebate from the power company and the federal tax rebate.

Power Production Management was a great company to work with from the beginning. From the quote to the final install, they were very caring, considerate and professional. They always placed the customers needs first. They helped us select the right financing and the stepped us through the process the whole way. Their office staff and workers have always been professional and we would use them again.

Contracted with PPM to install a Sunpower PV system for my home. There is a short lag time since the system is fully documented & SN recorded when it comes in but the install was quick & highly professional. The folks at PPM went out of their way to insure we were happy and the system was up & running correctly when Duke installed their new meter.

The PPM team did an excellent job from sale to power up. I could not be more pleased with our 7.85kW SunPower system that was installed by Power Production Management in July of 2014. The entire process was quite easy for us; the homeowner, as the crew meticulously installed the grid on our roof. The sales crew was honest and straight forward and the office staff was helpful during our only glitch in the process. The system is producing exactly as the sales team predicted and quite frankly, "we are the envy of our neighbors." I would highly recommend PPM to manage a Photo Voltaic project.