Michael Allagas, et al., v. BP Solar International, Inc., et al.
BP Solar Panel Settlement
Case No. 3:14-cv-00560-SI (EDL)

Frequently Asked Questions

 

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  • A Court authorized a notice because you had a right to know about a Settlement in a class action lawsuit involving BP solar panels and your options, before the Court decided whether to give final approval to the Settlement. The Long Form Notice, available for download here, explains the lawsuit, the Settlement, the benefits available, and your legal rights.

    The Honorable Susan Illston of the United States District Court for the Northern District of California is overseeing this case. The case is known as Michael Allagas, et al. v. BP Solar International, Inc., et al., Case No. 3:14-cv-00560-SI. The people who sued are called the Plaintiffs, and the companies they sued are called Defendants. The Defendants in this case are: BP Solar International, Inc. and Home Depot U.S.A., Inc.

  • The lawsuit claims that the BP solar panels manufactured with S-type junction boxes are defective and prone to premature failure, do not generate the expected level of power, and create a potential fire hazard. The Defendants deny these claims. The photos below show examples of failed panels.

    burn mark and shattered glass on front of panel burnt junction box on back of panel
    junction box damage on back of panell burn mark (without shattered glass) on front of panel

    Clockwise from upper left: burn mark and shattered glass on front of panel; burnt junction box on back of panel; junction box damage on back of panel; and burn mark (without shattered glass) on front of panel.

  • The solar panels included in this Settlement are called “Class Panels.” Class Panels include all BP solar panels manufactured between 1999 and 2007 with an S-type junction box. This includes the model numbers listed below.

    Category 1 (“FDK+ Panels”) 

    BP170I

    BP175B

    BP175I

    BP3140S*

    BP3160B*

    BP170B

    BP3160S

    BP4170B

    BP3150S

    BP4175I

    BP3165S

    SX160B

    SX170B

    BP4175B

    BP2150S

    SX150B*

    BPSX150S

    BPSX3150S

    SX150L

    SX140S

    BP5170S

    SX150S

    SX160S

    BPSX3160S

    BPSM3160S

    SX4175S (a/k/a BPS4175S)

     

    (If the model number has an asterisk, it means that some of those panels are in Category 2. If you have one of those model numbers, the Claims Administrator can help you determine which Category your panels belong to.)

    Category 2 (“Non-FDK+ Panels”)

    All other BP solar panels manufactured between 1999 and 2007 with an S-type junction box which are not included in Category 1, including the following model numbers:

    BP3140B

    BP3115S

    BP3123XR

    BP3125Q

    BP3125S

    BP3160B

    BP3140S

    BP3150B

    BP3150L

    BP3155S

    BP380S

    BP3160L

    BP3160QS

    BP375S

    BP380L

    MSX110

    BP4150S

    BP4160S

    BP4170S

    BP485L

    SX120S

    BP2140S

    BP585DB

    BP7190S

    SX3190B

    SX3195S

    MSX110L

    MSX120

    MSX120L

    BPSX140S

    SX3195B 

    SX140B

    SX150B

    SX3190S

    SX110S

     

    This Settlement does not cover BP solar panels without the S-type junction box, which BP stopped using in 2007 at the latest. These solar panels look very similar to the Class Panels included in the Settlement, but are different products. If you don’t know whether your BP product is included in this Settlement, contact the Claims Administrator at 1-844-360-2767 for help.

  • In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The class representatives and those with similar claims are referred to as the “settlement class” or “settlement class members.” In this Settlement, the Class Representatives are Michael Allagas, Brett Mohrman, Arthur Ray, and Brian Dickson. One court resolves the issues for all members of the Settlement Class, except for those who exclude themselves from the Settlement Class.

  • The Court has not decided in favor of the Plaintiffs or the Defendants. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and the people affected will get a chance to receive replacement or removal of their Class Panels, or a free inspection of their system and new inverter with arc fault detection. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. The Settlement does not mean that the Court has determined that Defendants have done anything wrong.

  • If you received mailed notice of the Settlement, then you may be a member of the Settlement Class. But even if you did not receive a notice by mail, you may be a member of the Settlement Class, as described below.

  • You are included in the Settlement and deemed a Settlement Class Member if you purchased Class Panels for initial installation on a property, or you acquired a property on which Class Panels had first been installed, and, in either case, you currently own some or all of those Panels.

    “Property” means any structure, including but not limited to homes, townhouses, condominiums, apartments, multi-unit housing structures, hotels, motels, hospitals, schools, churches or other places of worship, commercial structures, government structures, homes within a homeowners association or other similar entities, other types of buildings (e.g., guest houses, garages, workshops, sheds, hangers), or other structures of any kind, whether commercial or residential (including permanent or temporary residential structures), or any improvement to real property.

    The Settlement Class does not include the Defendants or any entity in which a Defendant owns a controlling interest and their legal representatives, heirs, and successors.  The Settlement Class also does not include the judge or judges to whom this case is assigned and their immediate family members.

  • The BP solar panel model number is located on the sticker affixed to the back of the solar panel. This information may also be contained in your purchase agreement or other documentation. Additional information about determining whether your Panels are BP panels can be obtained by contacting BP Solar Panel Settlement, c/o JND Legal Administration, PO Box 6878, Broomfield, CO 80021, or call the toll-free number 1-844-360-2767.

  • If you would like to enter into commercial negotiation with BP regarding your Class Panels, please email info@BPSolarSettlement.com stating that you would like to participate in the settlement. The ICA will then provide BP with your claim details and contact information so that BP can contact you and arrange the commercial negotiations with their warranty team.

  • No. The Settlement Class is defined as all persons or entities or entities in the United States (a) who purchased Class Panels for initial installation on a property or who purchased properties on which Class Panels had first been installed, and (b) who currently own some or all of those Panels. Based on the definition of the Class, if you have already removed and disposed of your Class Panels, you may not file a claim for reimbursement as part of this Settlement.

  • Yes, you may file a claim. In order to receive compensation or replacement panels, you must surrender possession of all panels for which you are receiving compensation. All Class Panels must be surrendered to an Approved Remediation Contractor under the direction of the ICA for disposal at a qualified waste disposal facility in compliance with all laws.

  • If you are not sure whether you are included in the Settlement, you may call 1-844-360-2767 with questions or read the Long Form Notice, which is available for download here. You may also write with questions to BP Solar Panel Settlement:

    BP Solar Panel Settlement
    c/o JND Legal Administration
    PO Box 6878
    Broomfield, CO 80021

  • Common Fund for Category 1 (FDK+ Panels)

    A Common Settlement Fund has been established to pay for the removal, replacement, and disposal of Class Panels that fall into Category 1 (FDK+ Panels) (see Question 3 above).  The Defendants paid $45.33 million into the Settlement Fund.  Settlement administration costs, notice costs, attorney fees and costs, and any court-approved payments to the Settlement Class Representatives will come out of this fund (see Question 32).

    • The net Settlement Fund is available to pay to replace the Class Panels or otherwise compensate Settlement Class Members.  Labor, materials, and replacement solar panels will be provided and installed by licensed contractors approved by the Independent Claims Administrator.
    • If it is determined that additional costs, such as construction permits and/or a new inverter, are required by law to replace your system (under your local building code), you will be required to pay those costs.  Three years into the program, an annual assessment will be made to determine whether there are sufficient funds to reimburse some or all necessary out-of-pocket costs.  Reimbursement is not guaranteed.
    • The replacement solar panels will come with an industry standard manufacturer’s warranty issued by the manufacturer of the replacement panels.
    • The labor work provided will come with an industry-standard warranty from the contractor hired to perform the replacement work, including any contractors hired by the ICA.
    • You may opt to use your own replacement contractor (instead of a contractor hired by the ICA) to replace Class Panels, but all Class Panel removal and disposal will be handled by the ICA.  Once the Class Panels have been removed, you will receive payment up to the rate of $2.35 per watt removed, minus the removal and disposal costs.

     

    Claims Made Program for Category 2 (Non-FDK+ Panels)

    A separate Settlement Fund has been established for Settlement Class Members with Class Panels that fall into Category 2 (Non-FDK+ Panels) (see Question 3 above).  These model numbers have a lower failure rate than the Category 1 Panels (FDK+).  Defendants shall pay up to $20 million into the Claims-Made Settlement Fund for Category 2 (Non-FDK+ Panels) claims, inclusive of inspection and administration costs, for payments to Settlement Class Members who fall within Category 2.

    • Category 2 claimants are entitled to a free visual inspection of their BP solar system to identify any failed panels.  If the claimant’s system’s failure rate exceeds 20% (inclusive of any documented past failures), the claimant will be entitled to a full replacement of their Class Panels.
    • If the inspection does not result in full replacement, the claimant will receive a new inverter with arc fault detection, installed at no cost to the claimant.  An arc fault is a high energy failure that can occur if these panels fail.  Arc fault detection technology is designed to preemptively shut down a system that is experiencing an arc fault failure, thus preventing any resulting harm.  The Settlement Fund will not be responsible for the warranty, performance, maintenance or ongoing operation of the new inverter (including, without limitation, any obligation to test or check system shutdowns or faults).
    • If a Category 2 claimant suffers additional failed panels after the initial inspection, the claimant can make subsequent claims to the Settlement until the program ends.  If the subsequent claim demonstrates that the failure rate has exceeded 20%, the claimant is eligible for replacement of all remaining Class Panels. However, the Settlement Class Member shall either reimburse the Settlement for the cost of the new inverter and its installation before the replacement of the remaining Class Panels takes place or, if the Settlement Class Member elects to receive a monetary payment, the cost of the new inverter and its installation shall be subtracted from this amount.  In extreme cases, if the Claims Administrator determines that a Claimant has made a subsequent claim without any reasonable basis to believe that additional panel failures have occurred, the Claims Administrator reserves the right to seek reimbursement for the cost of responding to that claim.
    • The Claims Made program will end after three years of operation, or after the $20 million fund is exhausted, whichever is first.  After that, Category 2 Class Members retain their preexisting rights under their BP warranty certificate except as to claims presented to the Settlement, and can claim any further failed panels under BP’s standard warranty program.

     

    Large Non-Residential Customers

    Claimant with non-residential solar systems with 400 or more solar panels that includes Class Panels (“LNR Class Member”) will be invited to commercial negotiations between BP and the claimant, mediated by the ICA or other agreed upon third-party.  If negotiations fail, the LNR claimant may opt-out of the settlement, even if the opt-out period has expired, and the claimant will retain all its rights under BP’s warranty certificate.

    This program will remain open at least through 2017.  More details, including on the precise claims period, are available in a document called the Settlement Agreement, which is available for download here, or by consulting the ICA.

  • If it is determined that you are entitled to replacement of all or some of your Class Panels, you have the following options:

    Option 1: Have an approved contractor selected by the ICA remove and replace the Class Panels.

    Option 2: Have an approved contractor selected by the ICA remove and dispose of the Class Panels, and receive a cash payment of $2.35 per watt, less removal and disposal costs, which may be used to hire your own contractor to replace the Class Panels.

    If it is determined that you are not entitled to full replacement of your Non-FDK+ (Category 2) Class Panels, but have those Class Panels currently installed, you will qualify to receive an Approved Inverter with arc fault detection technology.

  • You need to notify the ICA in writing by email, mail or fax, which Option you are electing. An Approved Remediation Contractor cannot schedule remediation activities until you make your decision.

  • It depends. You can contact the ICA and change your benefit option any time before your Notice of Claim Decision is sent and within 10 days of the date on the Notice of Claim Decision after it has been mailed. After that date, any further requests to change your option will be considered and accepted at the ICA’s discretion.

  • No. Under the Settlement Agreement, you must choose to receive full remediation (Option 1) or choose to receive a cash payment of $2.35 per watt, less removal and disposal costs (estimated to be $0.75 per watt), to retain your own contractor for the replacement work (or forgo replacing Class Panels) (Option 2).

  • Maybe. If it is determined that additional costs, such as construction permits and/or a new inverter are required, you will be required to pay those costs at the time of remediation. Beginning January 23, 2020, and periodically thereafter, the ICA, in consultation with the Parties, may assess whether the Common Fund can accommodate reimbursement to FDK+ (Category 1) Class Members for out-of-pocket costs necessarily incurred in connection with replacement of FDK+ (Category 1) Class Panels. Reimbursement is not guaranteed. Please keep your receipts and send them to the ICA by mail, email or fax at any time for consideration as part of that assessment.

  • All Settlement Class Members will need to submit a Claim Form to receive benefits. If you did not receive a Claim Form in the mail, Claim Forms are available for download here or by calling 1-844-360-2767. Please submit your Claim Form as soon as possible; priority in scheduling will be based on the order in which Claim Forms are received. Please read the instructions carefully, and fill out the Claim Form and mail it. Please submit the Claim Form to:

    BP Solar Panel Settlement
    c/o JND Legal Administration
    PO Box 6878
    Broomfield, CO 80021

    Fax: 1-888-533-1637

    Email: info@BPSolarSettlement.com

  •   All Settlement Class Members will need to submit a Claim Form to receive benefits. Please be sure to list all model numbers, if known, in question B.3 of the Claim Form. Your Claim will be evaluated based on the type of Panels you are determined to have in your PV system.

  • The claims period for both the Common Fund and the Claims Made Program began on February 6, 2017. Please see below for additional details concerning each claim category:

    • Category 1: claims will be processed until the Common Fund is depleted. While there is no firm claim submission deadline for Category 1 claims, you are encouraged to submit claims as soon as possible.
    • Category 2: Claims will be processed for three years from February 6, 2017, or until the $20 million Claims Made Program fund is depleted, whichever comes first. While there is no firm claim submission deadline for Category 1 claims, you are encouraged to submit claims as soon as possible.
  • The ICA processes claims in the order received. You will receive a notice in writing identifying any deficiencies with your claim and instructions for resolving any such deficiencies. Once your claim is determined to be complete, and if you have provided information demonstrating that you are member of the Settlement Class, your claim will be promptly assigned for Initial Inspection of your Class Panels by an Approved Inspector. The Approved Inspector will contact you directly to schedule a mutually agreed upon date and time for your inspection. After the results of your inspection are received and processed, you will be sent a Notice of Claim Decision advising you of the status of your claim and any next steps. If your claim has been approved for remediation, your claim will be assigned to an Approved Remediation Contractor to schedule a mutually agreed upon time for the work to take place.

  • Unless you “opted out” or excluded yourself, you are included in the Settlement. This allows you to obtain the Settlement benefits described above, but requires that you give up your right to separately sue anyone, including but not limited to the Defendants, for any claims being resolved by this Settlement, specifically, any claims related to alleged junction box failure or defect in the Class Panels, including any alleged property damage caused by the Class Panels. This includes all claims relating to the design, manufacturing, materials used, testing performed, warnings provided, marketing, advertising, sale, installation, instructions, performance or any failure to perform (including energy production or lack of energy savings or production), including any defect or warranty claim, as more fully described in Section XII of the Settlement Agreement. Personal injury claims, however, are released only if they arose or arise after you receive full replacement of all your Class Panels, or installation of a new inverter with arc fault protection. Category 1 Class Members give up all of their rights to file suit on any of these claims in the future. After the Claims Made Program ends, Category 2 Class Members will retain their pre-existing rights under the BP warranty certificate except as to claims presented to the Settlement, but will give up the right to seek class-wide adjudication of any of these claims.

    Section XII of the Settlement Agreement describes the released claims in more detail, so read it carefully. The Settlement Agreement is available for download here. If you have any questions you can talk to the law firms listed in Question 31 for free or you can, if you wish, talk to your own lawyer at your own expense if you have questions about what this means.

  • Immediately following the Effective Date of the Settlement on January 23, 2017, BP transferred responsibility to the ICA for administration of the resolution of any warranty claims submitted prior to January 23, 2017 where:

    1. a settlement arrangement had not been reached between BP and the Pending Warranty Claimant as of January 23, 2017; or
    2. all compensation agreed to between BP and the Pending Warranty Claimant had not been paid as of January 23, 2017.

     

    If you agreed to a settlement amount to be paid, the ICA shall administer that settlement, as agreed upon, providing compensation at the times and in the amounts agreed with the Class Member out of the Common Fund Trust Account or Claims Made Trust Account, as applicable. However, no Class Member shall be entitled to additional remedies or compensation duplicative of that administered by BP prior to January 23, 2017.

  • Yes. The ICA may install Approved Inverters for Non-FDK+ Class Members whose claims were administered by BP between Preliminary Approval and the Effective Date and who would have received such relief had their claims been resolved following the Effective Date.

  • After the transfer, the ICA contacted all pending warranty claimants by telephone, email and/or letter to advise them that their Pending Warranty Claim is being resolved by the ICA per the terms of the Settlement. Pending warranty claimants did not need to file a class action claim form.

  • If you did not want the benefits from this Settlement, and you wanted to keep the right to sue the Defendants or anyone else about the issues in this case, then you must have excluded yourself from, or “opted out” of, the Settlement Class.

  • To exclude yourself from (“opt out” of) the Settlement, you must have mailed a letter or other written document to the Claims Administrator.  Your request must have included:

    • Your full name, current address, telephone number, and the property location where your Class Panels are installed (if different from your current address);
    • A statement that you “want to be excluded from the proposed class in Allagas v. BP Solar International, Inc. and receive none of the benefits of the Settlement”;
    • Your signature; and
    • The name and signature of your attorney (if you are represented by one)

     

    In addition, you must also have provided the following information with your opt out request if known to you:

    • The model number(s) and/or serial numbers of your Class Panels;
    • Date of purchase or installation of your Class Panels; and
    • The number of Class Panels you own.

     

    Your exclusion request must have been postmarked no later than November 28, 2016.

  • No. Unless you excluded yourself, you gave up the right to sue anyone, including but not limited to Defendants, for the claims that this Settlement resolves. See Question 22 for a description of the claims you are giving up by staying in the Settlement.

  • No. You will not get benefits if you excluded yourself from the Settlement.

  • If you are a Settlement Class Member and did not opt out, you could have objected to the Settlement if you don’t like some part of it. To object, you must have submitted a letter that includes the following: 

    • Your full name, current address, telephone number, and the property location where your Class Panels are installed (if different from your current address);
    • Statement under penalty of perjury that you are the current owner of the Class Panels;
    • The date(s) of purchase and installation of the Class Panels;
    • Model numbers and/or serial numbers of your Class Panels;
    • The reasons you object to the Settlement, along with any supporting materials;
    • Whether you intended to appear at the Fairness Hearing (see Question 33)
    • Your signature; and 
    • The name and signature of your attorney (if you are represented by one).

     

    You must have mailed your objection to the following addresses, postmarked by November 28, 2016:

    United States District Court
    Northern District of California
    450 Golden Gate Avenue, Box 36060
    San Francisco, CA 94102-3489
    Attn: BP Solar Settlement (Judge Illston)

    BP Solar Panel Settlement
    c/o JND Legal Administration
    PO Box 6878
    Broomfield, CO 80021

    Lieff Cabraser Heimann & Bernstein, LLP
    Attn: BP Solar Settlement
    275 Battery St, 29th Fl
    San Francisco, CA 94111

    Arnold & Porter LLP
    Matthew T. Heartney 
    777 South Figueroa Street, 44th Floor
    Los Angeles, CA  90017

  • Objecting is telling the Court that you don’t like something about the Settlement. You can object only if you don’t exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. 

  • Yes, the Court has appointed the following to represent all Settlement Class Members as “Class Counsel:” 

    Birka-White Law Offices

    65 Oak Court

    Danville, CA 94526

    Telephone: (925) 362-9999

    Facsimile:  (925) 362-9970

    Lieff Cabraser Heimann & Bernstein, LLP

    275 Battery Street, 29th Floor

    San Francisco, CA 94111

    Telephone:  (415) 956-1000

    Facsimile:   (415) 956-1008

    You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 

  • At the Fairness Hearing on December 22, 2016, the Court approved Class Counsel's request for attorneys’ fees of up to $11 million, plus reimbursement for costs and expenses up to $600,000, for a total of $11.6 million. Of this, $9.6 million was paid from the Common Fund, and $2 million was paid from the Claims Made Settlement Fund. (The $2 million paid from the Claims Made Settlement Fund is in addition to the $20 million maximum amount Defendants are contributing to pay for Settlement benefits to Category 2 claims.)

    The Court also approved Counsel's request for a special service award to be paid to each of the Settlement Class Representative for their service to the Settlement Class as follows: $7,500 each to Michael Allagas, Arthur Ray, Brett Mohrman from the Common Settlement Fund, and $3,500 to Brian Dickson from the Claims Made Settlement Fund.

  • The Court held a Fairness Hearing on December 22, 2016. At this hearing, the Court approved the Settlement as fair, reasonable, and adequate, and also decided how much to pay Class Counsel. The motion for attorney’s fees and costs and class representative service payments, and the orders approving the Settlement and the request for attorneys' fees and costs, are available on the Court Documents page.

  • No. Class Counsel attended the Fairness Hearing on behalf of the Class, although you were welcome to attend at your own expense. If you sent an objection, you did not have to come to Court to talk about it. You could also have hired a lawyer to attend, but it was not required. 

  • You could have asked the Court for permission to speak at the Fairness Hearing. If you objected and intended to request permission to speak, that request should have been included in your written objection (see Question 29).

  • If you are interested in becoming an Approved Inspector and Remediation Contractor for this settlement, please make your request known to the ICA by way of the information below. The ICA will provide you with the RFP/RFQ to complete and return for consideration.

  • If the ICA determines that you may possess Class Panels, your claim will be assigned to an Approved Inspector will arrange an inspection who will contact you to schedule an Initial Inspection at a mutually agreed upon time.

  • No, only an Approved Inspector selected by the ICA may carry out an inspection.

  • No, you will not have to pay for the Initial Inspection.

  • An Approved Inspector will contact you within approximately 20 business days (i.e. four weeks) to schedule an Initial Inspection.

  • An Approved Inspector may not yet be available in your area.  As soon as an inspector has been assigned, their service team will contact you to schedule the inspection.

  • No.  However, you will need to complete an Absentee / Designee Form if you will not be present during the inspection.  If you are unable to be present or would like to have a designee be present during the Initial Inspection, please coordinate this with the Approved Inspector.  Please note that designees must be at least 18 years old.  If you or your designee won’t be present during the Initial Inspection, you will be able to view and sign your inspection checklist electronically.

  • The inspector will determine whether and how many solar panels in the PV system meet the definition of a Class Panel, and if so, whether they are FDK+ or non FDK+ Panels.  The Inspector will visually inspect and document failed panels and any special conditions that may be a factor in your overall PV System performance.  You can review the claims protocol for more details about the inspector’s instructions during the inspection.

  • The ICA will provide a copy of the completed checklist upon request.  Please email your request to info@bpsolarsettlement.com and allow approximately two business days for the ICA to process your request.

  • Yes.  If you selected Option 2 in Section E of your claim form, you can select your own contractor to conduct replacement of your Class Panels.  However, only an Approved Remediation Contractor, selected by the ICA, can remove and dispose of your panels.  If you initially selected Option 1 and now wish to choose Option 2, you may do so by contacting the ICA at info@bpsolarsettlement.com. It is possible that the Approved Inspector will also be the Approved Remediation Contractor if you selected Option 1, however, this is not guaranteed.

  • The Approved Inspector needs to be able to inspect your PV system.  If you are concerned about potential property damage resulting from an inspection, please discuss your concerns with the ICA and the Approved Inspector prior to your appointment.

  • If an unsafe condition is identified during the Inspection, the inspector will notify you of the condition.  The scope of the Initial Inspection is limited to identifying and documenting Class Panels and does not include any alterations to the PV system.  It is always best to err on the side of caution.  If you decide to make changes to your PV system, that work is outside the purview of the ICA and the settlement.  However, you may decide to hire the Approved Inspector to correct any immediate issues with your PV system that are outside the scope of the settlement.  To maintain eligibility under the settlement, failed Class Panels must be removed and disposed of by an ICA Approved Contractor.  If panels are removed from the roof to eliminate an unsafe condition, they must be stored at your property to ensure the ICA can account for each failed panel and handle disposal in accordance with the Court Approved Settlement.  Please notify the ICA regarding any necessary panel removal.

  • As a Claimant, you have 10 days from the date on the Notice of Claim Decision to object. Your Claim Objection must be made in writing and submitted to the ICA. You should include any supporting documentation and materials you wish to be considered. If the ICA is not able to resolve the Claim Objection, either you (acting on your own behalf or through Class Counsel) or Defendants’ Representatives may submit the disputed matter to the Special Master as provided in Section V(A)(2) of the Settlement Agreement.

  • Although serial numbers and bar codes are helpful in identifying and tracking Class Panels, the ICA will administer your claim using any other available information regarding your panels if these identifiers are absent or difficult to read.  If you have supporting documentation from the time of purchase or subsequent service calls that identifies the model, serial, barcode numbers or other information that will aid in identifying your panels, please submit promptly to info@bpsolarsettlement.com.

  • If you have Non-FDK+ panels, you should notify the ICA so that a further inspection may be scheduled.  If you have FDK+ panels, they are automatically subject to remediation, so there is no need to formally notify the ICA.

  • Yes. During the Claims Period, you can notify the ICA in writing by mail, email or fax, that you are making a subsequent claim for additional Failed Panels. The ICA will evaluate the information you provide, and if this information indicates that there are additional Failed Panels not included on any past Claim, an Approved Inspector will conduct a Subsequent Inspection. Following a Subsequent Inspection, the ICA will issue a Notice of Claim Decision consistent with the findings from that inspection.

  • To the extent that you have time remaining on your BP warranty, at the end of the Claims Period you may contact BP’s warranty department to submit a warranty claim.

  • Once the initial inspection is complete, the ICA will review the results of your inspection and mail you a Notice of Claim Decision.  The timing of replacement will depend on several factors, as each claimant and PV system are unique. In general, you should anticipate that an Approved Remediation Contractor will contact you approximately 30 business days after you receive your Notice of Claim Decision to schedule your remediation.

  • The ICA will assign your remediation work to an Approved Remediation Contractor using the same process that was used to assign inspectors. The ICA has an established network of Approved Remediation Contractors for this phase of the Settlement.

  • We anticipate that an Approved Remediation Contractor will contact you within 30 business days after receipt of your Notice of Claim Decision to schedule an appointment.

  • No. Per the terms of the Settlement, contractors submitted their qualifications and experience to conduct the remediation to the ICA, which was approved by the Parties prior to designating them as Approved Remediation Contractors and assigning remediation work to them.

  • You must select Option 2 if you want to hire your own contractor to replace your Class Panels. If you select Option 2, you will receive a cash payment of $2.35 per watt, less removal and disposal costs (estimated to be $0.75 per watt), which may be used to hire your own contractor to install and replace your Class Panels. However, under the terms of the Settlement, an ICA-approved Remediation Contractor must remove and dispose of the Class Panels at a qualified waste disposal facility in compliance with all laws.

  • No. If you selected Option 1, the ICA will select an Approved Remediation Contractor for a given job based on, among other things, geographical location and availability. However, the ICA will attempt to accommodate your request for a specific Approved Remediation Contractor, if that contractor is available for the assignment.

    You must select Option 2 in order to be able to choose your own contractor for the replacement work (or to forgo replacing the Class Panels.) If you select Option 2, an ICA Approved Contractor will remove and dispose of the Class Panels, and you will receive a cash payment of $2.35 per watt, less removal and disposal costs.

  • No. If you select Option 1, the ICA Approved Remediation Contractor will use the solar panels selected and approved by the parties and the ICA to replace your Class Panels. You must select Option 2 if you want to be able to select the type of solar panels used to replace your Class Panels.

  • No. If you select Option 2 and hire your own contractor, you may choose any model or brand of panel to replace your Class Panels. Under Option 2 you will receive a cash payment of $2.35 per watt, less removal and disposal costs (estimated to be $0.75 per watt), to retain your own contractor for the replacement work (or forgo replacing Class Panels). An ICA-approved Remediation Contractor must remove and dispose of the Class Panels at a qualified waste disposal facility in compliance with all laws.

  • Under the terms of the Settlement Agreement, if you are qualified to receive an Approved Inverter, only an ICA-approved Remediation Contractor may install that inverter.

  • You will qualify for an Approved Inverter with arc fault detection technology if your system includes Non-FDK+ (Category 2) Class Panels and your cumulative failure rate is less than 20%. The Approved Inverter must be purchased and installed by an ICA-approved Remediation Contractor.

  • No. Non-FDK+ Class Members may not retain their own contractor to install the Approved Inverter or forgo installing the Approved Inverter in order to receive monetary compensation.

  • No. The Parties, the ICA, the Common Fund Trust Account and Claims Made Trust Account are not subject to any responsibility, warranty or obligation for the performance or maintenance of the inverter, or for ongoing operations of the inverter, including, without limitation, to test or check any trips or faults.

  • No. If during the Claims Made Program you subsequently receive full replacement of all Non-FDK+ Class Panels for any system you own because of a cumulative failure rate greater than 20%, you shall either reimburse the Claims Made Trust Fund Account for the cost of the Approved Inverter and its installation before the replacement of Non-FDK+ Panels takes place or, if you elects to receive monetary payment, the cost of the Approved Inverter and its installation shall be subtracted from the compensation due.

  • It depends. If you are receiving a full replacement of FDK+ (Category 1) Class Panels and a new inverter is recommended, you will be required to pay those costs; however, keep your receipts and submit them to the ICA at any time. Beginning January 23, 2020, and periodically thereafter, the ICA, in consultation with the Parties, may assess whether the Common Fund can accommodate reimbursement to FDK+ (Category 1) Class Members for out-of-pocket costs necessarily incurred in connection with replacement of FDK+ (Category 1) Class Panels. Reimbursement is not guaranteed.

  • The replacement panels are conventional solar modules manufactured by Tier 1 manufacturers, which are thoroughly vetted by the Parties and ICA as part of the procurement process.

  • Yes. Replacement panels have an industry-standard 25-year limited warranty.

  • While you may contact the Approved Contractor regarding any warranty claim related to the replacement panels, you will have contact information to make a warranty claim directly with the panel manufacturer.

  • No. Category 1 panels will be removed and replaced per the terms of the Court-approved Settlement. The Settlement does not include replacement of any other component of the PV system.

  • Yes.  If your existing PV system is compatible with these components, then the replacement panels will not alter that ability to use or make these types of additions to your PV system.

  • No. The replacement panels are not offering improvements to your existing PV system.

  • The contractor will make every effort to avoid or limit the need to make any modifications to the existing roof rack and will advise you, prior to completing any work, if extensive modifications are needed and whether they are outside the scope of the remediation covered by the Settlement.

    If you are receiving a full replacement of FDK+ (Category 1) Class Panels, you may be able to seek reimbursement of certain out of pocket expenses related to you replacement of the FDK+ (Category 1) Class Panels. Please keep your receipts and submit them to the ICA at any time.

  • We do not anticipate that new cabling will be required, however, the Approved Remediation Contractor will assess and advise if such cabling is required prior to completing the remediation.

  • Because the replacement panels do not have the exact physical dimensions, the contractor may need to make some adjustments to the existing racking. Additionally, since the wattage on the replacement panels will be higher than that of the Class Panels, fewer replacement panels will be installed during the remediation process.

  • No. Per the terms of the Settlement, all Class Panels must be removed and disposed of by an ICA-approved Remediation Contractor at a qualified waste disposal facility in compliance with all laws. You will not receive compensation or replacement panels until you surrender possession of all Class Panels.

  • If your question has not been answered, please use one of the following methods to directly contact the Independent Claims Administrator.

    JND Legal Administration

     

    Phone: 1-844-360-2767 Mail: BP Solar Panel Settlement
    C/O JND Legal Administration
    PO Box 6878
    Broomfield, CO 80021
    Email: info@BPSolarSettlement.com
    Fax: 1-888-533-1637

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Fax:
1-888-533-1637
Mail:
BP Solar Panel Settlement
c/o JND Legal Administration
PO Box 6878
Broomfield, CO 80021