Thread: Who is liable?
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John Grabowski John Grabowski is offline
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Default Who is liable?


"Brandon McCombs" wrote in message
g.com...
Hello,

If you look back over the last week or 2 you'll see I had posts regarding
problems with my new A/C and furnace that were installed a few months
before I bought a 40 year old house.

It turns out that all the problems I had with the A/C and furnace were all
a result of the HVAC guys not knowing what they were doing. I have now
confirmed it rather than it being a hunch.

Besides the fact that the HVAC guys didn't test the A/C when they
installed it (I don't care if it was Fall/Winter, you still test), they
hooked up the condensate line for the A/C (from the furnace) into the
*output* line of my sump pump. I have 2 lines, both are output, from my
sump pump which are used for varying water depths. They hooked up the
condensate line to the output line that is used as the backup to the
primary one. So when the water got too high for the primary pump to handle
it the secondary pump kicked in and pumped the water out.

Unfortunately water was then pumped into the condensate line thus blocking
it and possibly forcing water into the furnace. Condensation would back up
inside the furnace when I would run the A/C. This happened twice and I
called the HVAC guy twice to try to figure out what was going on (2nd time
caused the circuit board to be fried). He blamed it on the sump pump not
working at all. After the 3rd time of having water drip from places it
shouldn't drip from and forming a large puddle, I called the people who
installed the pump. Upon seeing how the pipes were running they
immediately knew the problem and proceeded to re-route the condensate line
directly into the sump well rather than into an output line. Luckily they
didn't charge me.

Now my A/C works w/o making water go everywhere after some time running.
However since it took a while to diagnose the problem I've had water in
the finished area of my basement at least twice. I have minor
discoloration in the paint on the opposite side of the wall that is about
6 inches from the one side of the furnace. The discoloration goes up about
2 feet from the baseboard. On that same wall, there has been mold growing
on the baseboard as well as the wall itself. On the side of that wall that
faces the utility room you can see mold on the 2x4 that runs along the
floor that all the wall studs connect into. I've been treating the
finished side of the wall with bleach/water to get rid of the mold on the
baseboard and painted wall but it is not gone yet. THe carpet was also
wet. Luckily the carpet seems to be doing okay. I have yet to get the mold
to stop coming back but I'm working on it. In the meantime, the
water/bleach combo has removed some paint from my baseboards on two walls
so they will need repainted and possibly treated to ensure the mold
doesn't come back.

After that long winded explanation, the question I have is whether anyone
is liable for the water and mold problems? Is the HVAC company liable or
the home inspector or no one?

The home inspector is someone I had inspect a home I almost purchased last
year but after his report I passed on it. The sellers of my house used the
same inspector and he inspected this house when they bought it and offered
to come back for me at no charge. I agreed but he only did spot-checks
when he was here for me because the sellers had installed all new
equipment and addressed the major issues with the house. However, he
missed the A/C problem and also the incorrect connection of the furnace
condensate line to the sump pump. Had I remembered the A/C wasn't here
when he inspected it the first time I would have made sure he inspected
it.

I have yet to call the HVAC company to let them know that it was their
fault for all my problems. It was only Friday that the sump pump guys were
here to fix everything. I'm dying to tell the HVAC company though that it
was their fault the entire time. I'm not going to call them though until I
determine whether they could be held liable for my mold/water problems
because I'd bring that up in the same conversation.

What do you guys think? Sorry for any extraneous information.



*Move on and get over it. Home inspectors are not qualified to check every
aspect of a home's construction. Some are not qualified period. You would
have been better off calling in the different trades to have a look.

If you owe the HVAC company let them fight for their money. If not then
call it an educational expense. You will never use them again, you will bad
mouth them at every opportunity, and they will never get a recommendation
from you. If it will make you feel better write them a letter telling them
so. Include the bill from the sump pump guy and ask for reimbursement. Say
you want them to pay for mold remediation.

Yes you can find an attorney who will take your money upfront and drag it
out for months or years and in the end you still won't have satisfaction.