First of all. I would think that your time to sue has long expired, the warranty is up. Another funny thing about lawsuits is that you will sue the guy, his insurance company will then take over. They have a lot more money and time than you do. Probably a few attorney's on staff. They will draw it out and paperwork you to death, while you are paying a fee to your attorney. Let's say in 2-3 years you finally get to a trial and you win. Now they appeal it. You're still paying your attorney for the mounds of paperwork you will get. 2-3 years later it gets settled and you may or may not win, if you're not broke by now. Probably even moved. My advice is to have them figure out why the compressor goes out. If under warranty still from manufacturer, then pay to fix it and fix the problem. Modify the ductwork to accomodate the tonnage and balance the system for your comfort. 1/2 ton larger really isn't that big of a deal honestly. It's very minor. If they put a 5 ton on when you needed a 3 1/2, that is pretty good jump. But 3 to a 2 1/2 isn't much at this point.
Massachusetts! Should have know...
Originally Posted by frickaline
Did you miss my point earlier or did I miss something? The HVAC contractor installed the system for someone else (the builder) years ago. Now, years later some components have failed and you want to sue him... Only in Massachusetts.
BTW: Not only do I not work for builders, I won't work in Massachusetts either.
Well, Heatkits, the builder/GC and the HVAC guy were brothers. They installed multiple failed systems in my home.
The AC unit has died twice inside of 4 years. The hot water heater broke apart in the 2nd year and flooded my basement. The brick walkway caved in, was "fixed" and caved in again (and I replaced it completely). Plus after 4 years I already need my entire exterior repainted. I have water stains forming on my living room ceiling and sun room ceilings from some sort of leaks. I had an entire room short out and require complete rewire because nothing was connected to "ground". I also have a "fault line" in the basement cement and some doors don't shut properly after the house "settling" making me suspect eventual foundation problems. This is in a 4 year old home mind you. So forgive me, yes, I do want to sue him. He is the devil incarnate. And so is his brother. Honestly I had no idea the level of depravity I would be faced with in buying a new construction. I will *never* buy from a builder again. Because unless you are part of the industry, you will lose.
Wow... What a tale of woe.
Are you sure you haven't forgot anything? It time for you to call "Help Me Hank" she'll get to the botom of this. BTW: there is no shortage of lawyers in MA.
You make my point as to why I don't work for builders or in MA.
PS: Where is the code inforcement officer or is he another brother too?
Contact a lawyer and see what he says.
I've never heard of Help Me Hank but I'll look it up. I'd contact a lawyer but I have no reason to believe I have a case. I've never found them in direct violation of a law, but then again, I'm not sure I would know.
Not so Fast...
I would venture to Say your problem is electrical, and not with the size of the unit or duct work.
I have another person coming to look at things tomorrow. Hopefully I'll get better information from him. In what way(s) could the problem be electrical ?
He has no basis to know if it is related to electrical or airflow. We cannot know what the problem is without actually seeing the house.
Originally Posted by frickaline
It sounds to me as if you need to find a good lawyer and file suit against the builder not his brother. Do some research and find other owners of homes built by this person. If there is a pattern you can file a class action suit.
MA may be different but in TX if you made a claim before the original warranty was up all subsequent failures can be included.
I would consider having a building engineer thoroughly inspect your home, if he can prove sub standard procedures it will support your case. In some states a new home has a ten-year warranty.
Thanks for the help everyone, I really appreciate it. You guys were absolutely right, that other guy was taking me for a ride. I didn't need to replace anything.
We had someone better out today and he was able to repair our existing unit very inexpensively. Everything is up and running. This guy came in and troubleshot the problems instead of simply sizing us up for a replacement system.
Thanks again. So much. You guys are really great and its so nice to know I can always ask for an opinion here if I get into trouble again. I'm such a fish out of water with this type of stuff but I'm learning. At least now I have a service person I can trust.
For a Friday the 13th .... things are really turning out pretty well
I watch satellite channels featuring homes sales & real estate agents, remodels to sell, etc. It is extremely rare for them to ever mention the HVAC systems'.
On those programs it is rare for the prospective buyers to mention the heating & cooling systems as being important or their efficiency.
Many times the buyer has a terrible costly mess to fix, & the home inspectors seem to skim over it, too.
My advice to them is, if it has them, sell them on the good features of the HVAC system, that could be your most consistent sales closer!
I have seen homes with window units & not a word said about that fact.
How negligent can these people be, we are in an energy (price) crisis, & all they sell is the looks & the location. Just Sell the Sizzle, huh.