If you did not specify the model of what you wanted in your contract, then any replacement is on you.

why is he refusing? on what grounds?

if it says 'direct' vent and he put in 'power' vent, then why is he arguing? Ask him why the mix-up. was it his doing or someone else?

I wouldn't ask anything other than by what date he will fulfill the contract and install the correct water heater.

Who made the mistake is immaterial. Why he feels he has grounds to argue isn't important either.

Here's what's important:

1. that a type of water heater was specified in the contract.

2. that the specified heater wasn't installed

3. that the owner didn't approve a change order

4. that the substitution was material - (that it matters - the installed heater is too loud)

5. that the remedy is reasonable - replacing a water heater is a reasonable remedy.

Is it possible that power vented had to be used over direct vent? Does your water heater vent horizontally?

The architect's plans are part of the contract, in which direct vent is specified. It doesn't have to be power vent because the heater is next to a wall. Direct vent models do not have to have a chimney-they have their own flue. It vents up and then out. I think the plumber is refusing unless he gets paid more money so the contractor doesn't want to do it. I much appreciate the feedback.

vinmarks

It's possible that they got into it and discovered they couldn't use a direct vent for some reason. If I was in that position, I would have made that clear to the homeowner that a substitution had to be made because of ____. And then you get them to initial the change.

What you don't want to do is try to BS the homeowner and tell them you couldn't use Direct Vent when the real issue was that they didn't have one in stock when you went to the supply house. It's easy enough to drag another contractor in there for a second opinion... and if they catch you in a lie, the relationship has just gone to hell and will be adversarial from that point forward.

Sue K,

The plumber isn't your problem. You didn't hire the plumber, you didn't pay the plumber. You don't have a contract with the plumber. Don't deal directly with the plumber because you are not his customer - don't confuse things.

Your contract is with the GC. He hired the plumber. You deal only with the GC. No additional money is changing hands, Period. You don't care who made the mistake, the plumber or the GC. That's not your problem. The GC is to over-see the subs, and is ultimately responsible for the work they do - that's why they make a markup on the subcontracts.

Again, I hope there's still some hold-back on the contract and final payment hasn't been made until all these issues are resolved. A 10% hold-back is typical, but it should be spelled out in your contract under the payment schedule.

To be clear, here's how this will work with the GC and the plumber: The GC will eat part of this mistake and the plumber is likely to as well if it was his mistake. The plumber has an incentive to make this right if he wants to keep getting jobs from the GC. Although the heater costs about $1,000, and there will be some labor, the plumber is probably out a net of about $800 if he can get some value out of the heater on another job. That sucks, of course, but he would be really stupid to not to do that and stay in good graces with the GC.

None of that is important though. What's important is that you deal with the GC only - and you want a date by which this will be installed per the contract.

Thanks Jake. I did call AO Smith technical rep who couldn't think of a reason why DV wouldn't work. I may call another plumber to get an opinion and an estimate.

70db is pretty danged loud.

Power vents are atrociously loud. Especially if there are hard surfaces for them to echo and bounce the noise around. I have personal experience in a granny flat garage conversion for a relative.

It was the only choice in that situation due to roof heights and window locations. At least, that is what we were told. I didn’t understand why they didn’t choose tankless.

I’m also wondering why tankless was not an option for you? I’m also hoping that your contract was specific enough to make some kind of change happen! There’s nothing worse than that thing kicking on in the middle of the night, or while you’re on the phone. At least if it had been a power vented tankless, it would only be loud while it was being used rather than st all manner of odd times.

I honestly don't know why they didn't want to do tankless. They dismissed it outright and I could never get a straight answer on it.

Sounds like you have to convince your builder to install what was contracted for. Give him a deadline. If he resists (and it sounds like he will) just replace it. Get a couple of bids and tell your builder you will be invoicing him for the cost. You won’t get anything but you can try. I couldn’t live with that level noise for one night. We just replaced two 12 year old hot water tanks and the plumber cleaned up weird initial piping too and the whole job was $2400. Just one was bid at $1400 it took a couple hours to do entire job including clean up and removal if old units.