Supplying Info and Assurances as Per Clenergy Product Brochures - Law Assignment Help

Assignment Task:

Task:

Installed 2012, supplying info and assurances as per Clenergy product brochures that stated a 10 year warranty. Had you not seen this and been verbally assured of such, you wouldn’t have considered purchase and installation at that price if at all. At the time of purchase the applicant decided not to accept more affordable packages from smaller companies and choose Energy Australia package with a top of the range German SMA inverter along with the 7 year warranty provided by Energy Australia along with Clenergy 10 year guarantee on parts as this was perceived as spending extra money in return for a superior installation and using high end brand products that had a reputation for reliability.
The Applicant rented the property once he was transferred from Melbourne to Ararat for work. Tenants noticed leaks and eventually notified agents who eventually notified you and you promptly notified EA in 2017 as per email records, and hence within generally accepted Statute of Limitations period for goods and services. 
EA performed works to replace water-damaged ceiling panels, etc., early 2018. Included their application of silicone sealant on the broken roof tiles in a location exposed to direct sunlight, heat/cold/rain, but failed to prevent further water ingress. 
Leaks continued, damaging same general areas / materials including newly replaced internal ceiling panels, and you notified Energy Australia of this.
Subsequent lack of meaningful corrective works by Energy Australia, including no repairs on the repairs to the ceiling panels they performed, and no effective repairs to prevent water ingress through roof at the solar panels, and no remediation/repair/drying of subsequent water damage to the roof and roofspace materials including mould, rot, odours, staining, etc. 
Tenants moved out due to various concerns including mould, odour, leaks.
The applicant has had to sacrifice holidays to spend significant periods in Melbourne at his own expenses to better access and assess the property, and effect repairs where possible, or get specialist assistance where required including assessments by building consultants such as Dr Black / Biotopia re. mould, then organise other trades such as electrical contractors to remove the solar ceiling to enable works to replace the broken roof tiles so as to reduce further damage etc.  
The lack of appropriate timely response from EA, including multiple emails and phone calls to them caused you to have to address the matter more formally, thus engaging a solicitor to write a formal letter to EA with a concise list of reasonable expenses incurred already and/or estimated to be necessary to bring the property back to a habitable and/or pre-loss condition relating solely to the solar panel installation issues described, and gave EA a reasonable timeframe in which to respond and either effect the works themselves, or agree to pay for these works to be performed. 
The continual nature of ongoing stormwater ingress into the roofspace has caused significantly more damage over time, as is typical. The direct damage from water (needing to be dried), plus damage to materials from rot (timbers need soft sections shored-up, removed/scrubbed/treated/repaired, etc.) mould (needs to be scrubbed/cleaned off active growth patches, and off areas contaminated with spores/particles/odours from the active areas, also including insects known to flourish, etc.), and the property repaired/reinstated. 
EA has declined the opportunities to address the problems in 2017 when first notified of them, and within the warranty period, which has resulted in significantly greater incurred costs to you including monetarily and also time, effort, stress and consequent impact on your health and well-being. It has also meant you have been unable to rent the property out as health problems arising from dank, mouldy environment does not adhere to legislation governing habitable living conditions for human being . 
Had Energy Australia installed the panels as per the manufacturer’s instructions and/or being fit-for-purpose at the time of installation, the applicant would have no need to seek repairs from Energy Australia as there would not have been damage. 
Energy Australia have previously been notified by the applicant with supporting independent advice that the nature of the damages arising from the water ingress from the solar installation and Energy Australia ineffective attempt to stop the leak has lead to further damage and increasing cost that cannot be full costed until the damaged areas have been stripped and assessed. Energy Australia repeated offer of $14,000.00 for settlement has clearly not considered rising repair cost or ongoing loss or rent.
The Applicant is seeking only in effect the complete repairs to the damage to your property to date caused by EA’s damage to your roof, and expenses incurred in mitigating and pursuing the matter. 
The applicant however reserve the right to pursue further damages and costs such as loss of rent, time spent as a building professional performing mitigation and repair works, medical and psychological expenses, etc., and all legal costs should EA fail to settle the matter promptly. 

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