By Alric Lindsay
Based on claims filed in the Summary Court this month, Sir Anthony Smellie, George McCarthy, and others are suing Robert Tulloch, Modern Electric Ltd., for allegedly providing an inferior and cheaper brand of solar panels than otherwise agreed under a contract. The parties suing the solar company and its director seek damages and Court costs.
Background
According to the claim, Mr Tulloch and Modern Electric Ltd “are in the business of electrical and solar panel Installation and service,” with Mr Tulloch as the “principal and directing mind” of Modern Electric Ltd.
Concerning this, Sir Anthony Smellie, George McCarthy, and others reportedly entered into a solar installation service contract in May 2024 for Canadian Solar 400WMono—Crystalline solar panels and racking roof mount sets.
Modern Electric Ltd or Mr Tulloch received a KYD18,241 payment from each party.
Alleged breach
The claim explains that “In fundamental and repudiatory breach of the said contract, the Defendants failed to deliver either of the two sets of items specified in the contract, and in the case of the solar panels specified and required, the Defendants produced an inferior and cheaper brand of solar panels, namely Aptos, instead of the Canadian Solar 400W Mono-Crystalline solar panels.”
Claims
Each of the parties to the lawsuits is now claiming the following:
1. The sum of KY$18,241.00;
2. Interest in the sum of $190.00 calculated at the prescribed rate from May 17,2024, in accordance with the Judicature Law (2017 Revision);
3. Costs;
4. Any other relief this court deems necessary
