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The house saga continues... OR, is legal action justified?

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
Well, the house saga continues. First some background... then let me know if a call from our lawyer is justified.

As many of you probably know, my house is in the process of being built... and has been for what seems like forever. They are 98% of the way done, and one of the big things NOT finished is the installation of our thermostat - as it is, we have no way to heat the house.

Last week, we saw the extended weather forcast and saw that they were calling for some pretty cool temperatures for the weekend. We called our builder and asked if the thermostat could be installed before the weekend. Builder called the plumbing/heating guy... guy came out next day, no problem. Guy gets to the house and realizes he has the wrong thermostat. He does some other work for us that needed to be done, says he'll have to come back with the correct thermostat. We assumed that meant he'd be back before the weekend, but we naievely (sp?) didn't specifically ask or push for a day/time when he'd be back.

That was this past Thursday. Friday afternoon rolls around and we haven't heard anything... we call the guy, leave a message, he never calls us back. Friday night wasn't too cold, so it wasn't a big deal. Saturday night was very cold... house was 59degrees. Sunday morning we call (they have a weekend "emergency" line) the heating guy. We get the standard answering service who tells us they will leave a message with our guy. That was at 8:00am. At 10am we haven't heard from the guy, so we call back. Answering service tells us they are supposed to respond to calls within 15 minutes - says they'll leave another message for us. Noon rolls around, still no word. We call again, this time we are pretty firm with the answering service. They call our guy, then call us right back. Apparently the guy had no intention of calling us as, in his opinion, it was not an emergency and we'd have to call back Monday morn during regular hours.

Sunday night was freezing - literally. We has frost on the ground, and it was 41degrees on the way into work. Sunday afternoon we borrowed a few electric space heaters from my in-laws... mainly to keep our 2-year old daugther reasonably warm. We ran 2 heaters all day/night... kept the rooms they were in at 66degrees.

Our daugther woke up sick last night... we were up all night with her, and my wife had to cancel a vacation to Las Vegas to take care of our daughter. We were able to get all of her money back, including airfare...so money isn't the issue. The issue is that we still have no heat and the heating/plumbing guy doesn't seem to care.

I don't really have any intention of sueing... but would I be justified to have my attourney call and put some heat (no pun intended) on them to get the damn work done?
 

Instigator

ass balancer
Aug 22, 2001
861
0
Rochester, NY
2 things I would do.

1. Call the better business bureau and lodge a complant.
2. Fire him and get another HVAC guy. I would not let him in the house again no matter what.

BTW thermostats are nothing to install.
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
We thought about writing a letter to the editor for the local paper and calling the BBB to log a complaint. I'm going to talk to our builder today about dumping the guy... not sure what kind of contractual issues there might be.

We almost installed a thermostat ourselves, but with my luck... something wouldn't have been right with the furnace and I would have fried something, or burned the house down (that's the kind of luck I have with these things).
 

Tenchiro

Attention K Mart Shoppers
Jul 19, 2002
5,407
0
New England
The BBB isn't gonna do squat, they are just a membership service. Even if the guy is a member, they legally can't do anything but give him a warning. If he isn't a member, there hands are tied.
 

Zaskar Rider

Monkey
May 29, 2002
242
0
PNW
Personally I don't think a call from your lawyer is justified. The guy sounds like he for all intensive purposes was going to do the work for you just had a little mix up in the parts he was supposed to put in. It happens to all of us at some point or another. You don't know how busy he is. He may not be able to respond to his emergency line because he's got too many people backed up all ready. I've worked in the plumbing/heating industry I know. Especially if it's a small operation the guy probably has more work than he knows what to do with. Even if he wasn't responding to any calls last weekend maybe he needed a weekend off. I know the plumber I used to work with would word 7 days a week for weeks and weeks straight without getting a break. Because he was a one man operation and would take calls whenever.

I am sorry that your daughter got sick because of lack of heat that sucks but plumbing/heating guys just can't be everywhere at one time.

Just my $0.02
 
Zaskar Rider said:
Personally I don't think a call from your lawyer is justified. The guy sounds like he for all intensive purposes......
its INTENTS and purposes.


several calls with no response - especially on the so called "emergency" line is unacceptable.

sorry ZR, if he's too busy, he should hire some help or he shouldn't take on more work than he can handle.
 

JSB

Monkey
Apr 8, 2004
383
0
Flower Mound, Texas
I love how it's never anyone's fault in this day and age. If he's got too much work it's his own fault for taking it. Not some one elses.

Personally, I don't know if a Lawyer could do much, but I'd probably refuse his services from this point on. He might know a little something to scare him, or put him in a difficult position. The way I see it, he put you out, so he should be put out too. That sucks about your daughter. I'd be freakin out if it was 41 in my house. That's just not good with kids in the mix. Out of curiosity how did you manage to move in or close on the house with out it being completed and inspected? Our the regulations a little different there or something? Keep us up to date...and try to stay warm.
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
Brian HCM#1 said:
How did they finalize the house without working heat? All that should have been hooked up.
We only have a temporary CO... not the final one. Apparently heat is not one of the criteria.
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
MtnBikerChk said:
is the wiring there? then go to home depot and buy a thermostat - I just installed on in our house - very very easy.
If they don't resolve the issue today, that's what we're going to do.
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
Zaskar Rider said:
Personally I don't think a call from your lawyer is justified. The guy sounds like he for all intensive purposes was going to do the work for you just had a little mix up in the parts he was supposed to put in. It happens to all of us at some point or another. You don't know how busy he is. He may not be able to respond to his emergency line because he's got too many people backed up all ready. I've worked in the plumbing/heating industry I know. Especially if it's a small operation the guy probably has more work than he knows what to do with. Even if he wasn't responding to any calls last weekend maybe he needed a weekend off. I know the plumber I used to work with would word 7 days a week for weeks and weeks straight without getting a break. Because he was a one man operation and would take calls whenever.

I am sorry that your daughter got sick because of lack of heat that sucks but plumbing/heating guys just can't be everywhere at one time.

Just my $0.02
For the most part, I can understand this. However... he's done all the heating/plumbing work on our house... he installed the furnace, so he should know which thermostat is needed. It's not like this was his first trip to our house. Second... he's the one who agreed to do the work in the first place. If he's that overbooked, he shouldn't have taken the job. Also... if he's got too many other "emergencies", that's fine - but a courtesy call would have been nice. Don't leave us sitting around the house for 5 hours waiting for your call when you have no intention of doing the work. Call us and explain that you can't take care of us that quickly - I may not like it... but at least I'd respect the fact that he called.
 

jacksonpt

Turbo Monkey
Jul 22, 2002
6,791
59
Vestal, NY
JSB said:
Personally, I don't know if a Lawyer could do much
Again... I'm not looking to sue him... just put some pressure on him to get the work done. He's already way behind schedule for us and has screwed up 2 other things already.

I have to talk to our builder today and find out if we can just nix this guy, or if we are contractually bound to him.
 

Fredzilla

Monkey
Aug 5, 2003
285
0
Seattle
jacksonpt said:
Again... I'm not looking to sue him... just put some pressure on him to get the work done. He's already way behind schedule for us and has screwed up 2 other things already.

I have to talk to our builder today and find out if we can just nix this guy, or if we are contractually bound to him.
You're never bound to ANY contractor that isn't performing.... I would put the screws to the general contractor to come up with something fast. If he has a good working relationship with the HVAC contractor, he should be able to get things moving.

Regardless, you never know how these things turn out.. I would document everything you can and take good concise notes of everything that has happened to date.

BTW - be careful about doing the work yourself.. yeah it's easy, but you wouldn't want to void any type of warranty you might have by self-performing the work.
 

Fathead

Monkey
May 6, 2003
433
0
SE TX
jacksonpt said:
Just talked to our builder... the heating guy is on his way to the house.




Supposedly.
That's great. I hope he gets you fixed up quick.

When a contractor sh&ts on us like that, I try to let them know, in a reasonable tone, that it's unacceptable. Even overlooking the "wrong thermostat" mistake, he could have done a few things different to make your weekend a lot better:

1. Did the "wrong" 'stat not work w/your system, or was it just not what you bought? Generally, a 'stat is just a fancy switch. They're largely interchangeable. If he's already made it to your house, why not just put that sucker on there until he can get the "right" stat to you?

2. Contractor: if you're wrong on Thursday, get it right on Friday. Don't leave customers hanging over the weekend, no matter what the weather.

3. Contractor: If you can't take care of a customer right away, the CHEAPEST, EASIEST way to stay in good graces is to return phone calls. He could have even given you permission to put a $20 Home Depot 'stat on as a temporary measure. He could buy it off you later, or if it's a good one just reimburse you for it.

Is the same HVAC contractor gonna warranty your system? If so, this is a good time to set some standards for the service you receive from them. You don't want them to think it's ok to treat you like that ever again. If you're able to use someone else for warranty work, you can either let dimwit know he's got competition, or just say "goodbye" and be glad you'll never have to deal w/him again.
 

JSB

Monkey
Apr 8, 2004
383
0
Flower Mound, Texas
jacksonpt said:
Again... I'm not looking to sue him... just put some pressure on him to get the work done. He's already way behind schedule for us and has screwed up 2 other things already.

I have to talk to our builder today and find out if we can just nix this guy, or if we are contractually bound to him.
Oh I know you don't want to sue...I was just thinking he could come up with something that would inconvenience the heating guy. I can't stand people that don't have the respect to contact you. For example we had a fencing company take care of our fence. We could have done it, but we just didn't have the time. I called out a few companies to get some bids. The first one never showed. I called him 30 minutes after he was suppose to be there. No answer, so I left a voice mail. Two hours later I call again. This time I get him. I ask him where the heck was he. He said he ran into some problems and couln't make it today. You know that's great, but F-ing call the people that are expecting you, and let them know. Don't just leave people hanging. That just drives me nuts...

I hope all goes well today. Hopefully, he pulled his head out of his ___, and brought the correct part...Good Luck.
 

HypNoTic

Man Whore
Aug 3, 2004
144
0
Montreal, Qc
I dont get it.

Drop a call to the contractor, tell him what you will do yourself to get the issue fixed as soon as possible, then do what you have to do. Why in hell do you keep wanting to deal with a non-delivering looser when you can simply bypass him, call any other heating guy, get the job done and send the invoice to the house contractor. Dont waste your precious time with someone that cannot deliver. You need to get the job done, and fast with babies at home, so here's a kick in the back to you. Stop waiting for them, act yourself and let them react after. They broke the contract, you have to protect your childs. Perfectly acceptable for me.

At least, that's how you can get things to work up north. If the contractor doesnt want to do business with you, why bother with him when they're 1000 other waiting to help you. Most of the time, you end up with a better service, often cheaper.

Just my 0.02$