An educational blog devoted to Florida contruction law topics by Florida Bar Board Certified Construction Lawyer, Trenton "Trent" Cotney. Please visit www.trentcotney.com for more information. Disclaimer below.
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Elon Musk Plans to Unveil New Solar Roof on October 28
Need a new roof? Why not one that can generate energy?
Solar company SolarCity, which is in the process of being acquired by electric car maker Tesla, plans to show off a new product, a roof integrated with solar panels, at an event on October 28 in San Francisco.
Tesla CEO and SolarCity chairman, Elon Musk, made the announcement on Twitter on Thursday morning, and said the combined company would unveil a solar roof with an integrated battery and a Tesla charger.
Musk announced plans for SolarCity’s new roof product in early August, on one of SolarCity’s earnings calls. It was the first call Musk had joinedsince he announced earlier in the summer that Tesla planned to purchase the solar installer.
Traditional rooftop solar panels are attached to roofs using metal mounting systems. But SolarCity plans to sell an actual roof that’s integrated with a series of solar panels. Musk said that the product would be attractive to homeowners that are looking to buy a new roof.
SolarCity’s planned solar roof shows how the company is shifting focus to new solar products as the market for home rooftop solar systems has gotten more competitive and difficult in some states. The product launch, and teasing the unveiling via Twitter, also appears to be an example of Musk’s influence on the company as it undergoes the merger.
Musk has long been hyper-focused on products at Tesla and is Tesla’s “Product Architect,” in addition to being its CEO and largest shareholder.
The solar industry has been working on these type of combined roof and solar panels, called “building integrated” solar, for years. A handful of companies have developed these rooftop solar systems, but many of these products haven’t gained traction because they usually cost more than standard solar panels, and also generate electricity with less efficiency. Dow Chemicalrecently stopped selling its solar shingle product due to underwhelming sales.
Tesla and SolarCity have been spending heavily over the past few years, as the companies try to grow rapidly. Tesla is building a massive battery factory outside of Reno, Calif. to make batteries for its planned Model 3 electric car.
The elements necessary to state a cause of action for fraud in the inducement are 1) a false statement concerning a material fact, 2) knowledge by the person making the statement that the representation is false, 3) intent by the person making the statement that the representation will induce another to act upon it, and 4) reliance on the representation to the injury of the other party. Mettler, Inc. v. Ellen Tracy, Inc., 648 So.2d 253 (Fla. 2d DCA 1994). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 http://www.glennrasmussen.com
A claim for unjust enrichment may be brought against a contractor or owner as an equitable claim to address unexecuted change orders. As the Court stated in Della Ratta v. Della Ratta, 927 So.2d 1055 (Fla. 4th DCA 2006), "to state a claim for unjust enrichment, a plaintiff must plead the following elements:1) the plaintiff has conferred a benefit on the defendant;2) the defendant has knowledge of the benefit;3) the defendant has accepted or retained the benefit conferred;and 4) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it." Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333http://www.glennrasmussen.com
Butler v. Yusem, 44 So.3d 102 (Fla. 2010): "there are four elements to fraudulent misrepresentation: (1) a false statement concerning a material fact; (2) the representor's knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the representation."
Trenton H. Cotney Board Certified in Construction LawTrent Cotney, P.A.1207 N Franklin St, Ste 222Tampa, FL 33602(813) 579-3278www.trentcotney.com