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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 57297
Experience:  Licensed attorney helping individuals and businesses.
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Question regarding home HVAC system in a new home. The HVAC

Customer Question

Question regarding home HVAC system in a new home.
The HVAC system in my new home has never cooled properly. While the unit was under home warranty for the first 12 months, I contacted the company who originally installed and they came out several times the first summer. They claimed to identify a leak one time and other times they put coolant in the unit, but it did not seem to fix the issue. Nothing really worked for more than a week or two, but during this time I became so sick that I could hardly function any. I had pneumonia for 5+ months that spring/summer and into the fall and subsequently went on 17 rounds of antibiotics. I just mentally pushed through not having AC and the house being 86 degrees and fall came and it wasn't necessary to cool the house.
The following spring I continued to have serious respiratory issues and eventually could not get to work. I began working from my house most of the time. My heart rate stayed over 100 almost constantly and I really struggled medically. Late in the spring, the heat finally caught up with the AC's ability to cool and again and I called the company who originally installed the unit.
This time they charged me about $100 to "diagnose" the problem. There was a specific problem which would cost about $800 to fix. However, the repairman carried out a large amount of water (much more than a drip pan could ever hold). This didn't seem to jibe with me so I called a second company to come out and paid them $100 to diagnose the problem.
The second repairman went into my attic and came down a few minutes later and said "I have never seen anything like this. You have at least 100 gallons of standing water in the intake ducts and unit itself. Come look."
At this point it became clear why the unit had never cooled-- there was swamp-colored, nasty water standing in the ducts that run from the unit. This is why the filters were always wet-- a problem i had noted 12 months earlier. throughout the house.
Also, it became clear why I had been very sick for the preceding 17 months almost nonstop. All of the air in the house was pulled over the remaining space at the top of the ducts and circulated constantly. Fortunately, my two young boys who I do spend a lot of time with only spend a limited amount of time in this house.
I contacted the original installer and after much heated back and forth, he finally agreed to reinstall the ducts and part of the unit for free. He still charged me about $200 for diagnosing the problem (which he misdiagnosed anyway). I got a bill today.
There are other related expenses too. The water eventually came through the ceiling before it could be removed and caused some damage on the bottom floor.
I feel like the home builder or HVAC installation company should be responsible for all expenses related to this. The damage to the house and the damage to ME. The builder even charged me $100+ to mow my lawn when I couldn't get out of bed because I had pneumonia and a fever. I had an MRI, a CAT SCAN, tons of shots, chest xrays, 17 rounds of anti-biotics and more than a year of complete misery. Having pneumonia while it is almost 90 in your house while you work from home with tight deadlines is pretty miserable. I easily spent $3500 on medical bills even with insurance covering 80% of my expenses.
I am a reasonable guy, but not only did the builder/installer create a potentially deadly situation with mold and bacteria (legionella or other) for me and my boys, but they lied about it too. They saw the water and told me it was something else.
What, if any, recourse do I have here?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Infolawyer replied 1 year ago.
You should be compensated for medical costs as well as repair or replacement costs as needed.If not paid voluntarily You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!Counsel adds leverage and could seek to negotiate a settlement as and are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively, and if I may clarify anything reply back and let me know!