Calling All Home Builders, A/C Techs, Etc.

[firemanjj82]

What are my chances....?

I've been in a new construction house for a little over 2 years now. We did some upgrades during the process in regards to better carpet, solar screens, interior walls insulated, etc. It's roughly 2000 square feet (1910 sq. ft.) Not a custom home, but we definitely added items that we wanted.

With that said, we have had a few issues while living there that haven't been resolved. Right off, we noticed tile floors cracking. I would send in a request, but wouldn't hear anything until they would come out for something else and I would mention it. Then they would say that tile is not covered in the warranty. After a while, and reading the warranty which states that its the grout, not the tile, that won't be fixed if cracked, I just let it go.

We paid over $2000 to upgrade our carpet to stain resistant, high traffic carpet with an upgraded pad. The pad is now mashed down in the traffic areas, and that's with vacuuming almost every day. I've had an inspector come out and he said he would send the results to the builder, but haven't heard anything after a few calls since. That's been about 3 months now. I just called them back yesterday and still no response.

Next, we started having issues with our A/C not working well, or removing the humidity all that well either. We had to replace the coils once. It's a R-410 system at 3.5 tons. I had the contractor out a few times for insufficient cooling and poor air balance, but nothing was really done to fix it, except add a dampner. The air balance/poor cooling issue continues. I had another company come out today and state that my system was just barely enough for my house, if not too small, and should be a 4 ton.

My question: what are the chances that I could have something done about the builder and the quality of work? Also, is there anything I could do legally about these issues (mainly the flooring and a/c) to get it done right, even though I'm a few months out of my main warranty?

[Cam-Mac]

Well the bad news is that you're out of your warranty, obviously that might have some bearing on the outcome. If uou have proof that you contacted them about these things, i would have an attorney send them a letter monday morning. If you dont have proof that they were contacted, i would forget about it, as its your word against his. I'd just go talk to an attorney and see what they say. Of course they'll charge you, but might be worth it. If i got a letter from a customer's atty, i'd definately think twice about ignoring them.

[txoutdoorsman24]

There is really nothing you can do. I do A/c work and have seen 3000 sq ft houses with 3.5 ton systems. Builders do that bc that is the cheapest way to get it done. builders usually take the calculations and ten downsize to the minimum.

I had to take legal action against my builder bc they didnt want to do anything. But u might be sol bc you're out of warranty

[Wayne Meuir]

I lived in a 2068 sq ft house for 28 years, had OLD STYLE non energy effecient systems unlike the ones that are available today and they worked just fine. Not very effecient energy wise, but they cooled the house very well.
If your 3.5 ton won't do the job, I suspect something is wrong with it.
If the tile is cracking, I'd be worried about the foundation more than anything else. It's possible the tile was left with an air gap under it and that is why it is cracking, but if that is the case, the tile surface should be visibly uneven.

[jared_bays]

Is your warranty "underwritten" by a company like Home Of Texas Warranty? If so, you need to start with them. I am a Construction Manager for a fairly large Texas production builder and our warranty guidelines and standards are set by Home of Texas. We try to follow those to at "T" when possible. For the first year our homes are covered by us directly. The second year is delivery systems only, ie. plumbing pipes, but not the fixtures, electrical wiring but not fixtures, a/c is a little different. We cover against a/c duct seperation or failure, but our a/c contractor covers balancing & freon leaks for a 2nd year. Quite a few a/c manufaturers cover their equipment for 5 years on parts only. Shoot me a pm with our contact info if you want and I can try to walk you through the process or offer some advice.

[TB80]

I normally hesitate suggesting to talk to an attorney, but it may be worth while to go talk to one. Even if you are out of your warranty, if they failed to properly install something you may have certain legal remedies. However, just like with a warranty, depending on the legal action, there are strict time limitations as to when you can bring a claim.

[Twztid]

Quit taken "hear say" get a Manuel j load calculation done by a third party to insure you house does require a larger unit. Usually "humidity" issued are because oversized units or mix matched coil/condensers. Easy practice after you have that info....contact original company put a complaint agaisned his license its free and man does it hurt contractors and then your prob goin to have to go to court.


2-option

Call a reputable company in your area spend the 5/10k get a new unit 10yr warranty and chalk it up to buying pos cookie cutter houses.

[Carpe_diem]

Evan Dugas is an attorney who specializes in this area of law and has impressed me when I've heard him speak at legal seminars:

http://www.housedefects.com/

[TB80]

Evan Dugas is an attorney who specializes in this area of law and has impressed me when I've heard him speak at legal seminars:
http://www.housedefects.com/

I disagree. PM sent to original poster.

[bowhntrmatt]

As an ac tech, I deal with similar issues all the time. Unfortunately, the only real way to fix your problem is to drop some coin and have it all redone correctly. Wish you were in my area.