Screwed by HVAC contractor(?)

13 years ago

A contractor was hired to renovate our condo and install windows, french door and new HVAC system. The first two jobs were done so poorly, we did not want him putting in the heat pump. However, we purchased it from him prior to him being fired. Every company willing to install it said "too big, will start/stop too often and you'll have mold and mildew issues".
He will not give us our money back. He is not licensed in anyway. If we sell it, by all accounts, we'll lose $1,000 from the $2,422 we paid for it. It is a 3ton 13 seer unit by Tempstar and we have a 975 sq.ft. condo.
Do I go to court or lose $1,000 we CANNOT afford?

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Comments (5)

tigerdunes
13 years ago
What brand and model?

I would contact seller by certified mail and see if he will exchange for a two ton model which is probably the correct size. If not you can contact another dealer and see what if anything can be done about them installing new system but exchanging first for the right size. Of course, you can sue but that costs money and would not be cost effective.

Where is the new uninstalled units now? In storage? Still in original boxes?

IMO
ionized_gw
13 years ago
Good suggestions already. If that does not work, small claims court does not have to cost a lot of money. You don't need a lawyer, just a well-prepared case and a well-prepared mind. Go to your county court's web site and see how to fine and what the regulations and filing fees are. After you file, and area assigned a date, go to court, preferably the judge that you area assigned to, and observe a few cases to see how it works.
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Tinmantu
13 years ago
OP this is not a slam to you, but the moral to this story is to always make sure your contractor is licensed and don't hire a "jack of all trades" to do work for you. I'd take pictures of the other shoddy work and as ionized said go to small claims. Even if the judge rules in your favor, he may disappear and then it's up to you to get an attorney and civil court to make him actually pay. I like tigers idea of maybe finding a local installer of your brand, see if he will swap.
He should make money off of the larger unit and labor to install the proper size for you.
ionized_gw
13 years ago
"Even if the judge rules in your favor, he may disappear and then it's up to you to get an attorney and civil court to make him actually pay."

That is part of small claims court too. If no payment occurs after a judgement, you go back to the judge for a lien or garnishment. It may be up to you to track down your debtor.
Ptacunits
13 years ago
The one man show is never a good show! Honestly I don't think going to court will be worth the time or money. You may just want to try and see if the manufacture will swap out the correct size and if not take it as a life lesson. As ionized said, he might not ever give you the money and then you will be wasting time tracking him down.