When and How to Escalate Matters to Legal

STEP

ACTION

1

• Did the customer threaten/allege to file a lawsuit or obtain an attorney?

  • If yes:

    • Advise:

      • We’re happy to discuss this with your attorney if you would like, but I believe we can work through this together if you’ll allow me the opportunity to earn your confidence.

    • Follow appropriate process(es) and Stop

  • If no, go to Step 2

2

• Determine if the matter qualifies for escalation to Legal

  • If yes:

    • Advise:

      • EverBright’s Legal team will work directly with the customer’s attorney

      • All communication going forward regarding the customer’s concern must be handled between our Legal team and the customer’s attorney

      • Only if Legal’s contact information is requested, provide LEGAL@GOEVERBRIGHT.COM

    • Send an internal notification to our Legal team

    • Notify Account Servicing that the customer has obtained legal counsel and to cease all customer communication

    • Input a note in the milestone feed within the customer’s job in Engine indicating that Legal has been involved

    • Stop

  • If no, follow appropriate process(es) and Stop

QUALIFIERS

• A lawsuit has been filed.

• A customer/customer’s attorney is contacting EverBright to obtain Legal’s information.

• The Attorney General of the customer’s state notifies EverBright of a filed complaint.

• The potential exposure involves $10,000 in cash payments or the value of products/labor provided.

• EverBright receives a UCC Lien Notice.

→ BACK TO PROCESS OVERIEW

STEP

ACTION

1

• Notify Legal via the EverBright Legal Jira board:

• Click Create

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• Project Type: Everbright Legal (LEG)

• Summary: Legal Escalation: [TYPE (OPTIONS LISTED BELOW)] – [Customer’s Name]/[Customer’s State] – [Name of the Installer]

  • “TYPE” Selection: ATTORNEY DEMAND, AG (Attorney General) COMPLAINT, LITIGATION, LEGAL QUESTION, ESCALATED CUSTOMER

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• Points of Contact: The points of contact should be the Resolution Specialist that opened the ticket and Cassandra Mercado.

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• Group Submitting Request: Select ‘Operations/COO’

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• Description: Copy and paste the internal notice Legal form into the description and complete all the required fields.

• Attachment: Download and attach documents referenced in the internal form (e.g., customer’s contract, change orders, signed documents, etc.)

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• Start Date and Due Date: The start date should be the date the ticket is being submitted. The due date should be set to 5 business days from the start date, unless the legal document lists a specific timeframe.

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• Legal Request Type: The legal request type should be ‘Complaint Escalation to Legal’.

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• Once complete, click the ‘Create’ button to submit the ticket.

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• Stop

*Customer Name:

[TEXT]

*State:

[TEXT]

Utility:

[TEXT]

Name of spouse / child / other complainant (If applicable):

[TEXT]

Project Address:

[TEXT]

*Demand (What are they asking for?):

☐ Monetary compensation (other than FULL tax credit amount) in the amount of $____________

☐ Monetary compensation – full tax credit amount of $____________

☐ Contract cancellation – keeping the System

☐ Contract cancellation – removing the System

☐ Waiver of balance in the amount of $____________– keeping the System

☐ Waiver of balance in the amount of $____________ – removing the System

☐ Additional panels – Qty: N/A

☐ Battery – Qty: N/A

☐ Removal & reinstallation (re-roofing / roof repair)

☐ Paying third-party contractor invoice

☐ Other:______________________________________________

*Contract Type:

☐ PPA

☐ Lease

☐ RIC 1.0

☐ RIC 2.0

*Installer Name:

[TEXT]

Contract Price:

[TEXT]

Contract Signed Date:

[TEXT]

Project Type:

[TEXT]

*Project Stage:

[TEXT]

PV Install Date:

☐ [DATE]

☐ N/A

PTO Date:

☐ [DATE]

☐ N/A

Status of Financing:

[TEXT]

*Summary (Include discussions or involvement of other third parties, the person that notified us of the complaint, the customer review / company reputation aspect, etc.):

• Back to Process