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Thread: trouble

  1. #1
    Join Date
    May 2005
    Location
    Alabama
    Posts
    2
    we have a job going on and we installed bryant equipment
    the plans we priced the jod from said bases of design and gave a carrier # we have meet design critera with bryant
    but building owner will not accept bryant and only wants carrier should i take him to court 10,000.00 dollars worth of equipment or eat cost and put in carrier

    we have tried every thing

  2. #2
    Join Date
    Jul 2001
    Posts
    3,112
    Did the contract say you would install equipment manufactured by Carrier or did the contract state you would install a Carrier unit? Offer the owner the differance between the Carrier and the Bryant equipment. .

  3. #3
    Join Date
    May 2005
    Location
    Alabama
    Posts
    2
    no just said bases of design which means meet design critera

  4. #4
    Join Date
    May 2004
    Location
    Los Angeles, CA
    Posts
    1,560
    Dear Airmanr22,

    Regarding your previous post:

    “we have a job going on and we installed bryant equipment
    the plans we priced the jod from said bases of design and gave a carrier # we have meet design critera with bryant “

    First, and foremost, what did the plans and specifications actually say, word for word? If they said….”Carrier” only, then you should have installed Carrier equipment, if on the other hand it said…..”Carrier, or approved equal”, then you should have got the approval of the Client, and/or mechanical engineer of record before you installed the equipment, but if the plans said….”Carrier or equal” then you have a leg to stand on, it might be a weak leg, but a leg under your circumstances is better than being flat on your face. At this point if you are in the third category, then what does your signed contract states, and I hope you do have a signed contract.


    ”but building owner will not accept bryant and only wants carrier should i take him to court 10,000.00 dollars worth of equipment or eat cost and put in carrier we have tried every thing”

    Your answer lies in how you answer the above three questions, which is it friend?

    Respectfully Submitted,
    John J. Dalton

  5. #5
    Join Date
    May 2004
    Location
    Los Angeles, CA
    Posts
    1,560
    Dear Airmanr22,

    Regarding your previous post:

    Do you have a signed contract, if so what does it say in regards to what brand you are installing?

    Who has designated this Bryant as the “equal” to the Carrier, your Bryant dealer, you?

    Respectfully Submitted,
    John J. Dalton

  6. #6
    Join Date
    May 2004
    Location
    Los Angeles, CA
    Posts
    1,560

    Please answer my questions posted above.....

    Dear Airmanr22,

    Regarding your previous post:

    “no just said bases of design which means meet design critera”

    Trust me in what I say friend, your definition of the “bases of design” and your Client’s lawyer’s definition of the “bases of design” can be worlds apart, and you do not want to have a judge determine who is right or wrong.

    Respectfully Submitted,
    John J. Dalton

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