Sun Badger's abrupt shutdown left hundreds of customers, employees searching for answers. Here's what we know so far
The abrupt shut down of Sun Badger Solar in January has rippled across Wisconsin, Illinois and Minnesota leaving its customers wondering if their solar installations will be finished or if they will lose deposits for work that was never started.
Customers have lodged dozens of complaints with the Wisconsin Department of Agriculture, Trade and Consumer Protection and Wisconsin Better Business Bureau, and law enforcement agencies in multiple communities are investigating customers' complaints of fraud.
Furloughed employees of the Waukesha company wonder, without much hope, if they'll be called back or paid for work they did before the company as its finances unraveled.
Here's what we've learned to date about the situation.
Is Sun Badger out of business?
Technically, no.
However, the Waukesha-based company notified customers on Jan. 13 that it was pausing projects with a promise to contact them within two weeks. That didn't happen. A week later, the company furloughed its workforce.
The company has characterized the shutdown as temporary. In a response to questions from the Better Business Bureau, Sun Badger said it is seeking new sources of financing and intends to resume operation. Phone messages left with the company and its president, Trevor Sumner, were not returned.
Employees were told they would be furloughed until Monday, however they were also warned that there would be mass layoffs in March if the company is unable to repair its finances.
There has been no communication with employees since then, said Ted Beringer, a former employee who lives in Hubertus.
Were there warning signals that Sun Badger was in trouble?
Some former employees say they sensed there were problems as delays mounted and supplies became hard to come by late last year, but the extent of the problem wasn't fully apparent until the work stoppage and furloughs.
As recently as January, the company had an 'A' rating from the BBB. Customers who researched the company before signing a contract said customers they contacted spoke highly of the company and its work.
"There were no red flags until messages stopped getting returned," said Claire Krzyzewski, a Sun Badger customer who lives in Naperville, Illinois.
Where did Sun Badger do business?
Sun Badger started selling solar arrays, batteries and other products in Illinois and Wisconsin in 2018. It expanded into Minnesota in 2019 and last year it announced it would begin working in Iowa. The company also has a presence in Florida.
How many people are affected by Sun Badger's shutdown?
That's hard to say. More than 250 employees and customers have joined the Facebook group Sun Badger Solar Bad Reviews.
A customer in Mukwonago, Chris Nowak, is working through a customer list provided by a former employee to ensure they are aware of what's happening. He said some people he's contacted did not know Sun Badger had shut down.
This week, customers with completed projects were notified by Omnidian, a Seattle-based company that was contracted to provided three years of system monitoring under customers' contracts with Sun Badger, had ended its relationship with the company because it hadn't been paid.
What can Sun Badger's customers do?
Sun Badger customers can lodge complaints with the Wisconsin Department of Agriculture, Trade and Consumer Protection, which is investigating each complaint it receives.
A DATCP spokesman said the process begins with an attempt at mediation. If mediation doesn't resolve the issue, DATCP could refer complaints to county district attorneys or the state Department of Justice.
Some customers have contacted local law enforcement to lodge theft-by-contractor complaints, and the first of what's likely to be a flurry of customer lawsuits was filed Wednesday in Columbia County Circuit Court by a Poynette couple who paid an $88,000 deposit for work on two buildings, but has only rails for mounting the panels and a power box to show for it.
Nick Hylla, executive director of the Midwest Renewable Energy Association in Custer, suggests filing a civil claim in court to to ensure that their claim is on the record in the event of Sun Badger filing for bankruptcy protection or a settlement is reached.
Can I get another contractor to finish the job?
You can, and some people who were close to completion have already done this.
However, those with an installation that's farther from completion should be aware that their final costs may be significantly higher than what was quoted by Sun Badger, said JD Smith, head of business development for Arch Solar in Milwaukee.
The new contractor will have to take responsibility warranties and other commitments for a system that it didn't design and didn't do the initial work on. The new contractor also must work with the local electric utility to get the solar system approved for connection to the power grid.
In some instances, contractors will insist on tearing out the first company's work and replacing it to ensure that it's properly installed and can be safely and reliably connected to the local electric utility's distribution system, Smith said.
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This article originally appeared on Milwaukee Journal Sentinel: What we know about Sun Badger Solar shutdown and its customers, employee.
