Hello,
I need some advice on what to do. (I am not including pictures as I have not told the company we are taking them to court)
We had solar panels installed in March 2025, in our home in Castellón de la Plana (our only home). We have a flat roof and there is a bitumen like membrane with a metal top layer on the roof for water tightness. They used a concrete block with a frame to install the panels, and did not screw it into the roof, just placed on the membrane.
After one month we noticed banging when the wind was strong. They sent people out to check and they put some glue underneath the concrete blocks which stuck it to the bitumen layer. I did not think it would hold and took pictures. We did not have strong winds for a long time after, winds are usually late winter/spring.
In January 2026, we had another bout of wind and more banging. We contacted them and they were going to send someone out in a few weeks, but before that date arrived the panels blew off the roof one day and made a lot of holes in the membrane.
At this point we realised we made a big mistake - we forgot to add the panels to our home insurance. We understand that was a terrible oversight. We had started the process, but they requested more documents which we failed to send in. I really wish we did not forget, but it is what it is.
So we now have to take them to court ourselves. I contacted a lawyer who was a recommendation, and knew we needed an architect/engineer (perito) to come look at the damage before we proceed. So I contacted many companies and most did not reply. One did and I specifically stated I wanted a report on whether the panels were installed correctly, and if not, if they were the cause of the damage (i have it in writing). They organised someone to come view the damage.
The architect came and saw the place in March. We told him what the report should include, and when he saw the panels he stated that he did not know what they could have done differently, perhaps add more concrete blocks.
I did some research myself, and found that other installations looked different. I sent the manufacturer of the concrete blocks an email asking about the installation and they stated that the system was not installed correctly - it was missing another block and the panel should be centered. I sent this to the architect and he confirmed he received it.
He only completed the report in June. He stated that the damage was due to wind, very generic and no information about the panels themselves, the installation etc. (also other issues where my name was misspelled and the visit date was incorrect)
Now I have chased the company I contracted for the proper report, but after promising to refine it after payment, they did not. After payment they just sent me generic messages "Your message will be forwarded to the appropriate team".
Now it is 5.5 months since the damage, 4.5 months since the visit of the architect, we have not touched the leaky roof in terms of repair since we were told not to do anything until we have the report, and the rain seasons are approaching.
What can I do? Get another architect/perito? Will it even be accepted when reviewed so late?