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i emailed the owner, i can improve my work if he allow me to work in his house, but he never reply me, now he is re install the system by using other company, according his email, he will ask us to take responsibility for the cost. Is he able to suit us for paying all the cost? He has not given me a chance to go into his house to improve the work, now he is using some one else to re do the work, should i pay all the cost? can i fight back? do i need to mail him a certified letter as proof instead of email?
Hi i am not sure if you get all my questions, i attached the original question below again...
Hi I am a heating sub contractor who is located in California. I am looking for a lawyer who knows about the construction lawsuit.
I signed a contract with general contractor to install a radiant heat system for a residential house, the owner is not satisfied with the work, he complained the system made noise , below are the email from the owner-
Cary and Desmond,
Turning down our water heater to 100 degrees as you recommended does not stop or decrease the noise coming from the radiant heating system.
From our 9/20 conversation and emails below you have continued with the stance that "all radiant systems make noise as the system heats up initially as hot water goes through the pipes",and that we should “live with the noise”-- something all other experts from the Radiant Professionals Alliance (RPA) and other certified installers tell us should not be the case. You have offered no formal remedy other than 1) keeping the thermostat at a constant temperature and 2) lowering water heater temperature to 100 degrees (both which we have tried and neither of which has stopped the noise from occurring each time the system turns on.) Other professionals have provided proposals on steps to try to mitigate the noise caused by faulty installation of the radiant system. We will be working with another radiant heating expert to attempt to mitigate the noise from your installation since you have provided no alternate plan after several requests by us, and you still contend and communicate that "all radiant systems make noise on initial heat up". If our efforts to mitigate the noise ahead of re-installing the entire system does not meet with satisfactory results, we will look to other avenues for resolution and intend to hold you responsible.
We have also received no further satisfactory remedies or answers from either of you on the backyard sewer drain location (or moving it), nor the fact that the backflow could only be installed in the middle of the bathroom floor or main hallway downstairs. We also intend to hold you responsible for all damages incurred as a result of these deficiencies.
Mark de Vere White
Below are my replies-
There are a lot of system. This is the system you chose. I can add an outdoor sensor to the system. this will lower the temp. of the water while outside temp. is mild. the lower the temp,the less expansion of the pipe. you fired everybody, i can not be in your house. it is difficult and impossible to do the job.
You have to talk your wife about the check valve and clean out location. They decided where everything went. I just followed orders.
After I replied him, I never heard from him, it has been more than 2 months, recently I found they are transporting some new material into the house, looks like they tear down the system that we installed and re install a new radiant heating system in their home by using other radiant heat company. I believe the owner will bill us after they done the new installation and ask us to pay all the cost that for the teardown and re installation. The general contractor said if the owner suit him, he will suit me.
I replied the owner ‘s email, offered him I can come back to work and improve the system if he allow me to work in his house, but he never replied me, I never heard from him since the email I sent to him. Please advise what should I do?
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