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Another gutter issue thread.

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I've seen the discussions about gutters in a couple of other threads. I decided to start this one specific to my circumstances as the others don't seem to completely align.

Tear off started yesterday. Gutters (currently 4 inch, good shape) need to come off says the tear-off site coordinator (a sub-contractor...not a Tesla employee).

OK. He recommends an upgrade to 6 inch, but verbally offers to save the existing gutters so they can be re-installed. I tell him that even though it might be a short term solution and I may eventually opt to go with new 6 inch gutters, I want the gutters restored to the condition they were in when the tear off started. At this point he stridently tells me that his crew does NOT do the reinstallation

OK...cool. Tesla site coordinator shows up...we have the same conversation. My old gutters are all nicely laid out on my lawn. He says "Tesla does not install gutters." I say....cool...but I expect equipment that is not pertinent to the work being performed to be restored to the original state after your work is complete. If I hire a painter to paint a room and the painter takes the switchplate off the wall, I don't expect him to buy me a new switchplate (unless he damages the old one), but I do expect him to return it to the wall when he's done. The room needs to look like it did before the painter started, except for the new paint. The roofer needs to make sure the house looks like it did before the crew started, except for the new roof. He says he'll talk with my Tesla advisor (which I know to be a black hole...so, I also know this is the brushoff move).

So, I've reviewed all of my electronic documents including the purchase contract (May, 2021). The contract uses the word "Gutter" only once and it reads "Unless otherwise provided in your price sheet gutter replacement is not included in your installation" I'd love to get my lawyer to argue that "replacement" in this usage refers to replacing old gutters with new ones while the Tesla lawyer argues that "replacement" in this usage refers to returning existing gutters back on to the house. I don't expect you to buy me new 6 inch gutters, but my gutters work just fine and you took them down. When you're done, common sense (and my contract) says they go back.

My guess is that, when they send me the bill and I refuse to pay it because they've not returned the job site to the pre-installation condition, I may get to see the two legal teams fight it out over a couple thousand bucks.

So...the specific and direct question is this: Has anyone successfully insisted on Tesla (or one of their subs) restoring existing gutters back on to the house (or, at minimum, agree to a cost adjustment to deal with the labor costs necessary for me to get it done myself) after the project is complete, and how did you get Tesla to do so without the draconian legal crap?

Off topic secondary question...Has anyone experienced material defects to siding (images attached), caused by Tesla's tear-off crew? I'm not stressing this (yet), but I have Hardyboard on my home that was in absolutely pristine condition. The tear off crew needed to install new flashing behind the Hardyboard, and it's now all kinds of chewed up with about 75 popped nail holes and no fewer than 3 "chunks" of siding gone at the flashing line. My guess is the crew thought they were working with wood, which could just be patched/painted after the fact, but Hardyboard is not as forgiving and it's a visual mess from ground level and an embarrassment from on the roof. It's all been documented by the tear-off crew supervisor before they left, but, specific question for those of you who experienced defects to your siding caused by workers: Did Tesla (or their sub) resolve the problem to your satisfaction? Did you need to jump through any hoops or wait six months for the fixes?
 

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Has anyone experienced material defects to siding (images attached), caused by Tesla's tear-off crew?
The tear-off sub-contractors for my solar roof accidentally damaged/chipped some vinyl siding with a ladder. They told me about the issue and I included it in my clean-up "punch list" for Tesla. Tesla sent a repair crew out 3 weeks after my install completed. That crew replaced the vinyl panel, replaced a non-PV roof tile broken by my gutter installer, repaired a couple of screens, and repaired a chipped wooden stair board on my deck. Tesla sent out a different guy later the same week - solo - to patch and paint the dry wall around my circuit breaker panel. Everything was restored to my satisfaction - just had to wait a few weeks.

As for your gutters - while I think Tesla and the sub-contractor should have made it crystal clear to you before gutter removal that you'd be responsible for getting someone to replace or re-install the gutters, that has been the standard practice for over a year now with solar roofs. Unless you live in a very dry area, I think you're going to want the 6-inch gutters - so maybe it's not worth battling over restoration of your old gutters. I'm glad that I replaced my 4-inch gutters with 6-inch ones.
 
Good to know that we can expect a response to the punch list.

Regarding the gutters, I will admit to being oblivious to the fact that this was a "thing" over the past months. I never thought for a minute that a contractor would (or even *could*) remove something from a job (that is not pertinent to the job they've been hired to complete) and not return it. If nothing else, I would expect a conversation to have taken place around "What's going to happen to your gutters after we're done." If I had been frequenting this board over the duration of the wait for installation to start, I could have been proactive...but, again I'd suggest that expecting the client to think to ask "Hey, when you're done painting are you gonna put my switchplates back?" (let alone the crazy thought that I might be expected to buy new switchplates) is presumptuous on behalf of the contractor.

I also understand the potential benefits to 6 inch gutters and, as I explained to my on-site liaison, perhaps putting the 4 inch gutters back is a short term solution.

Thanks for sharing your thoughts.