Contractor Fraud

[Samson]

Hello,

What recourse do I have, as a homeowner, when an Independent Trane Air Conditioning Dealer, working as a sub-contractor for Home Depot, failed to install our newly purchased air conditioner in accordance with the manufacturer's specifications.

Their failure to properly install our air conditioner makes our 10-year extended warranty null and void. The Dealer also failed to apply for the necessary city permits.

Home Depot has offered to contact the Dealer to come back and "make the job right" but we question the ethics of the Dealer and don't believe he deserves a second chance. The President of the Company was on the job site and clearly committed an act of fraud.

Any suggestions would be greatly appreciated.

[seniorjudge]

Sue them in small claims court.

[Samson]

Thanks for your response.

What would be the basis of my claim? Breach of contract?

What are my damages? The condenser cost $5,500. but we paid $9,500. to Trane to upgrade our entire heating/cooling system.

Thank you