What would you do?

[David Clary]

Bought a new HVAC for our home. There are two units mounted in the attic. The larger unit started leaking condensation through our ceiling dripping onto our carpet in the family room. The reason it was leaking was it was installed wrong, not leveled properly to get the condensation to go out the drain pipe. Called the HVAC guy and he placed a 5 gallon bucket under the leak in the attic. During the night the ceiling, bucket, water, wet insulation, dry insulation, surround sound speaker, and who knows what else came crashing down. At this point I have both his and my insurance co's involved. His insurance company says that I am 20% to blame as I didn't monitor the bucket and dump it. They will only pay 80% of the damage. I am almost 69 years old. (bd next week) I have been advised by my doctors to stay off of ladders which is how the attic is accessed. Because of the ladder issue I did not inspect the HVAC, or attic, after his install. I assumed that since he was licensed and bonded that the job was completed correctly. The home was air conditioned, so I wrongly thought everything was OK.

I am considering getting legal advise but am concerned about the cost of an attorney. I feel that all the damage should be 100% covered. I also feel that the HVAC guy owes me at least partially for the original install, not properly installing of the units and completing the terms of the original agreement. He was to have removed the old equipment and did not.

So, What would you do? Any suggestions?

Thanks!

 

[H D]

How long ago was the work done?

 

[David Clary]

Just over a year old. The original agreement lists a two year labor guarantee and the HVAC guy was here on 6/06/2014. His work order states that he checked the condensate lines. Ceiling fell on 7/07/2014 at 1:35 am. The bucket was under the leak about 12 hours.

 

[Kenneth Koskodan]

Take him to small claims court. don't need a lawyer, just a filing fee at the court house. The sheriff will serve him papers to appear in court, and ou tell the judge your story. You don't need a lawyer, you can do this yourself. GOOD LUCK. ken

 

[Richard L]

I agree with kenneth, take them to small claims court. Be sure to have all your documentation and estimates or actual costs to repair your ceiling and have the HVAC system properly leveled



You need to check with your state to find out the limits for small claims court. Some states are as low as $2000 and others go as high as $5000.



However I am not clear as to who put the bucket under the leak? If he did, and it was just a temporary fix until they had time to come back and level the HVAC unit to drain properly, then he failed to return and properly complete the job. If that was his permanent solution, then it was eventually doomed to fail.



If you put the bucket up there, then they may claim it was your fault? In the end, the HVAC unit was not draining because it was not level, so I don't think they have much defense for that.



My attic HVAC unit has a large pan under it will 2 drains. if one clogs the other should work. It also has a float swtich that cuts off the HVAC if the drain pan is not draining properly.



...Rich

 

[David Clary]

Thanks for the replies. The HVAC guy placed the bucket under the leak. His Ins claim I am 20% responsible because it was my bucket. Today I went up into the attic with the renovation contractor. The HVAC guy leveled the unit by removing two screws from a "L" bracket, raising the unit on that side and re-anchoring the "L" bracket with one screw. I took photo's. I am going to try and get either the city or state licensing agency to take a look as I still think the fix is wrong. The smaller unit hangs on chains and "floats" the larger unit is nailed down with this "L" bracket. It is also suspended by chains but they are loose. The old pan that would have taken the condensation out side was removed by the HVAC guy and is laying in my attic. he was supposed to remove it (or re-hang it) as per our agreement. The shoddy work continues in my opinion. I'll shake a couple of trees and see what shakes out. The good side is the renovation contractor will start fixing the damage day after tomorrow, possibly finish by Friday. Shoot, we may be able to move our furniture back in by the weekend. I guess it's just another of life's adventures. Again, thanks for the reply's and advise.

 

[Gavin Allan]

Sounds like you found a hack contractor. Sorry for the bad luck.



Your state's Attorney General may have a consumer affairs unit that can help. I have used ours a couple of times, and it just took one letter from the office to get everything made right.



Not sure I would ever let that contractor near my house. I might be inclined to hire another HVAC contractor to do the repair work to correct the installation. Others may not want to get involved, though.



Small Claims court if the costs are low enough to fit there. Otherwise you probably need to lawyer up.



You have quite a mess on your hands. I would imagine you have invested a pretty big pile of cash in it too. My heart goes out to you, but I don't have much good advice. You need the installation corrected (by someone else), and you need the mess mitigated and restored. A fire or flood clean up company might be great for cleaning up the mess and repairing your house. ServiceMaster, etc. They usually know all the tricks of how to dry out hidden areas and eliminate black mold from forming, etc.



From now on, put everything in writing. Take pictures.



Good luck.

 

[Gavin Allan]

Here is a link below for the attorney general's office.



Do not go to Better Business Bureau, etc. They are paid by the members (businesses) and who's side do you think they are on.

 

[David Clary]

Just an update. Repairs will start today. Yahoo! I filed a complaint with the Registrar of Contractors. Gave them a huge stack of documentation, including photo's. They will start an investigation with the HVAC contractor. It's now a waiting game. Still considering legal action. Thanks again for the replies!

 

[Gavin Allan]

Good luck!

 

[Yardsale]

On a hot, humid day, five gallons of condensate is nothing; that can happen in a few hours.

His insurance company says that I am 20% to blame as I didn't monitor the bucket and dump it.

I think we can all agree that is bull$shit. HE placed the bucket, and HE (probably) didn't instruct you to monitor and empty. HIS negligence.



The first thing I would have done is phone his insurance company and mention that you were not instructed to monitor and empty the bucket, and ask if they are willing to make that statement in front of a judge. You have no responsibility, implied or otherwise, to monitor and empty the bucket (it merely being there, isn't enough).



If you have an estimate or some such that states that the contractor was to remove the old equipment, and he didn't, you'll have to pay to have it removed, get a receipt, and file against him for reimbursement (that'll be an easy call for a small clams judge).



As for now, I agree that you may have to file in small claims court. You can file a claim against his insurance company, too (http://www.azinsurance.gov/consumerassistance.html).