ductwork issue

[timebuilder]

You "system" doesn't deliver, and probably never has So do you have a claim against the person who sold you the home and didn't disclose that info OR the original builder/ subs whose insurance is always going to be available since it wasn't done right in the first place.
That only means you need to document the current situation and the fix, which as I stated earlier, is a real trunk duct with flex branches that could be flex connections salvaged from you current install.

Most states do not expect a homeowner to have professional expertise of any kind on a seller's disclosure, unless they fall into a category where they obviously DO have expertise, and even THAT fact must be disclosed in Pa.

It is unlikely that you would have any claim against a company that did the install unless warranty of serviceability or sufficiency was offered to the property owner at that time.

That would not typically happen.

It's now up to you to have it fixed right. When you sell, keep your docs and mention the repairs (and permits) as a part of your sales info.

[genduct]

Funny how there doesn't seem to be a time limit on anything that wasn't done right in the first place.
Served as an expert witness for 300 Condo unit job that was 10 years old before they went after the builder, sub, and manufacturer ( I supported the manufacturer's point of view) and the case continued forward and WAS NOT THROWN OUT because of time limit.

That one year limited liability thing is not solid, in my experience. Oh and the contractors defense was they DID IT ACCORDING TO THE CODE. And you know what? They were telling the truth. So if you are hanging your hat on Code Compliance, I think you should reconsider that approach as well

[timebuilder]

Funny how there doesn't seem to be a time limit on anything that wasn't done right in the first place.
Served as an expert witness for 300 Condo unit job that was 10 years old before they went after the builder, sub, and manufacturer ( I supported the manufacturer's point of view) and the case continued forward and WAS NOT THROWN OUT because of time limit.

That one year limited liability thing is not solid, in my experience. Oh and the contractors defense was they DID IT ACCORDING TO THE CODE. And you know what? They were telling the truth. So if you are hanging your hat on Code Compliance, I think you should reconsider that approach as well

Let's stipulate that the court system in Philadelphia plays a role here. As for myself, I would sooner hang my hat on what my attorney tells me are the requirements for expected performance and workmanlike installations.

Most codes I see spell out that the manufactures' requirements supersede code requirements.

I don't have time for a call today, but how did the story end???

[ajtalorico]

You "system" doesn't deliver, and probably never has So do you have a claim against the person who sold you the home and didn't disclose that info OR the original builder/ subs whose insurance is always going to be available since it wasn't done right in the first place.
That only means you need to document the current situation and the fix, which as I stated earlier, is a real trunk duct with flex branches that could be flex connections salvaged from you current install.

the previous owner was a relocation company, however I am trying to find who did the mechanicals. all of this was done in 2003 or 2004 when the previous owner extensively remodeled the home.

where would there be a service tag if you guys did the work?

[timebuilder]

The only "tag" I typically see is a sticker, usually on the furnace.

That does not mean the same Co did the ductwork, either.

[genduct]

I would sooner hang my hat on what my attorney tells me are the requirements for expected performance and workmanlike installations.

That's what some Philly Lawyers paid me to do... Explain it to them! Maybe your guy knows as much about the IRC as he does the UCC. That would be interesting if true. Thing is in Philly or any other place, the contractor is perceived to have held themselves out as the "EXPERT" to the less than informed CONSUMER and wooo to those who don't follow the rules. What rules did you ask? well I am convinced that the latest ACCA best Practices were instituted to define just that so every thing else that a lawyer could think of wasn't included as well

ajtalorico, did they pull a permit? Main point is you have a problem and need someone who understands this stuff to sort it out. If you are going to be living there, don't feel bad about fixing the problem, you'll probably save that cost times 10 with lower operating costs. If it turns out that the installing contractor was in fact at fault, well that just means you might be able to recover some of your repairs. An economic decision you'll need to make

[timebuilder]

So, did the plaintiff prevail???

While a contractor is taken to be an "expert," there are standards of typical, reasonable, and accepted techniques that are not codified. If they are not codified, there is latitude. Surprise me. Did a Philly jury say that ACCA should have been followed to the letter? Was the case overturned by a higher court?

For example, ACCA is not regulatory. That aspect of a case often gets it overturned on appeal. This happens all the time in aviation. While the FAA publishes the "airman's information manual" (AIM) which is chock full of typical procedures, it is NOT regulatory in nature. Only the CFR is regulatory where aviation is concerned.

[genduct]

The contractors insurance paid on this 10 year later claim. My party got out of the line of fire

[timebuilder]

The contractors insurance paid on this 10 year later claim. My party got out of the line of fire

Was there a court ordered, or an out of court settlement?

[ajtalorico]

so today, the cause of the problem was finally discovered.

another HVAC technician came out today, and did a thorough look around.

a couple of suggestions were made.

my upgrade from 8 to 10 inch takeoff was good, my prep of the flex to the takeoff was a little off.

neither of those things were the problem though.

he looked at the unit, didnt like the job or the installation but he saw why some things were done the way they were.

he suggested I increase the air flow to the unit.

He also said that without seeing the duct going to my second floor we would never know what is happenning.

he suggested I open up a dormer where the ductwork was.

today i made an additional cold air return right though the wall where the cold air return feeds into the fan.

I put a 12X12 cold air return in.

Next I opened the dormer, and voila, the problem.

The chase from the attic went into the dormer, and the trunk that connected to it was flopped on the ground.

air was blowing into a dormer, my heat and cooling dollars made that dormer the best spot in the house.

today I put a 5foot 10 circular tube into the top part and then put the bottom part on the other side, snugged them up good and let her rip.

Air poured out of all the vents, and the new cold air return seems to be pulling in alot of air, so the furnace was not getting enough air in and the duct was disconnected.

all fixed for now.

questions though... should I replace all that flex with a 10 inch circular duct all the way to the main trunk while the dormer is still opened up?

would that make a better functioning system?

[energy_rater_La]

The chase from the attic went into the dormer, and the trunk that connected to it was flopped on the ground.

the chase terminated in the dormer?? trunk connected to it was disconnected??
a chase is built with 2x4's and shouldn't go into dormer..was this part of a remodeled
and abandoned?

today I put a 5foot 10 circular tube into the top part and then put the bottom part on the other side, snugged them up good and let her rip.

tube? duct? top part bottom part on other side??
I am so not visualizing this.

can you clarify or post a few pics??
sorry...maybe its me.