Problems With a HVAC Installation

**tomshepp** · 03-24-2012, 09:26 AM

My question involves a consumer law issue in the State of: Massachusettes

Two years ago, I signed a contract with an HVAC company to install a new, complete HVAC system in my home. I have invested a considerable amount of money in this system with the goal of providing my family with an appropriate, comfortable, functioning system that is safe and reliable. The system includes a high efficiency oil burner, hydro heat air handlers with air purification system, hot water tank, stainless steal oil tank, air conditioning condensers, and solar hot water system with water tank.

In this two year period, I have not had more than six months of trouble free service. Actually, the company has been to my home for service calls many times, for various reasons when the system has been down. In fact, they have been out at least three to four times just this winter alone. These problems have occurred in both summer and winter seasons. After the warranty expired, the company had sent bills for service calls that I have disputed and have settled with the owner of the company. I'm sure that the company will not continue to service this system for no charge, although, they have agreed that my situation is troubling and unusual.

The contractor continues to come out to the home to service the system, and has even had a representative of the boiler manufacturer out to trouble shoot the system. The last time they were here, (this week) the technician stated that "The system is working fine, and you'll not need to see us for one year from today." Five days later, my system went into error and I had to call the company. This scenario is typical of how it has gone since the system was installed.

My basic question is this: Do I have any legal right, to demand that the contractor replace this system with one that is reliable? Do I have any right to demand free service for issues which continue to arise that are not considered part of regular maintenance? I understand that the manufacturer's warranty has expired on all components of the system. As I said, I have invested a considerable amount of money for "peace of mind" and all I have are headaches and stress.

This is my first post. I'd like to thank all who have advice in this matter.

**Mr. Knowitall** · 03-25-2012, 10:45 PM

If you want to try to establish that the system is defective, you will need to have somebody competent to do so examine the system and diagnose the problem(s) that remain. Once you know what, if anything, remains to be fixed, you can evaluate your options. Without that information, we don't know if we're talking about a system that is now fixed, a system that can be fixed with a $5 part, a system that can be fixed with a few hours of maintenance, or a system that is somehow hopeless and irreparable.

**tomshepp** · 04-02-2012, 03:09 AM

Thank you for your response. We received a bill for $700. in the mail. I think I may have a long road ahead of me. I'll try to find an independent expert to look at the system. I feel as though I've bought an expensive sports car that is always in the shop. In the meantime, I continue to pay off the loan that I took out for the system and the thing continues to let me down. Very frustrating! I'll continue to post with how it goes. Thanks again for your reply.