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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2197
Experience:  Experience in general business transaction and formation matters.
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I am not sure if this is a consumer or business law question.

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I am not sure if this is a consumer or business law question. I am a board member of an AZ condominium HOA. We are looking for an attorney to write a letter to a plumbing contractor, energy conservation consultant, and our HOA management company to recoup our loss of a potential $19K solar plumbing rebate from SRP. What recourses do we have (possible recommendation is the solar panels are installed without paying the balance)?
We hired an AZ energy conservation and management consultant to add solar plumbing to heat the community pool, reducing our propane usage. SRP was offering an incentive rebate to do the conversion.
In the spring of 2011, the energy consultant recommended a plumbing contractor to do the installation, which we hired and paid an $8,000 deposit on 4/29/2011. Later the energy consultant referred us to a different plumbing contractor because the first one was too busy (the first contractor has since gone out of business). We paid the second plumbing contractor $8,562.50 on 3/16/2012 and they gave us credit for the first $8,000, leaving a balance of $16,562.50 when the job was completed. The second plumbing contractor or our HOA management company failed to submit the solar project application to SRP before the May 1, 2013 deadline. The condominium has lost the rebate potential; the solar panels have not yet been installed. We also learned from SRP that the second plumbing contractor does not have the appropriate license to do the installation.
Hello! Thank you for your question today. My goal is to provide you with the information you seek.

Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.

I am sorry to hear about your situation. If the HOA can prove that the second contractor had a duty to submit the application and was negligent in failing to do so, the HOA has a right to recover damages in the amount of their losses.

My understanding is the HOA is looking for an attorney to attempt to resolve the matter by written demand prior to filing a lawsuit. Experts agree not to refer matters to ourselves or refer specific lawyers. However, I can provide you with a link to the Arizona State Bar Lawyer Referral Service which can provide you with contact information for a lawyer than can assist you. The type of lawyer you would need is a business or general litigation lawyer. Here is the link:

In addition, here is a link to AVVO which is a website that provides lawyer listings along with ratings generated from client feedback:

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.


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