how screwed am I? HVAC contractor permit issues and bad install

1,947 Views | 11 Replies | Last: 1 yr ago by UnderoosAg
abileneag09
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3:44p, 9/21/22
AG
TL : DR - HVAC contractor did an improper install on a furnace and never got it inspected, then skipped town and can't be reached.


Got a new furnace and air conditioner installed last year when we moved into a new house. We had multiple contractors working all at the same time and I didn't pay enough attention to this one. He pulled a permit but never got the install inspected.

I had the ducting system inspected today because we're not getting much air flow in the master bedroom. The company that inspected the ducting said that the furnace install isn't up to code and noticed that it never got inspected. The exhaust ducts for the water heater and furnace have negative slope so from what I understand there's a possibility for backflow issues/carbon monoxide.

So I try to contact the HVAC company that did the install and the owner evidently closed up shop and skipped town. I called the sales rep that closed the sale on it, he said he never got paid for a bunch of work and everyone that used to work for the contractor is suing the owner for unpaid wages. Also said I'm the third customer that he's heard from with a similar story.

So I contacted the building department and they suggested I get a new contractor out to correct the install, reopen the permit, and get it inspected. Obviously that's going to be out of pocket and I'll probably wind up having to sue the original contractor that screwed me over.

Anyone had any experience doing this? Any tips on filing a suit against the original contractor?

I'm hoping I can get it covered by our home warranty as an improper install. Any chance of that working?

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MoreCushing4thePushing
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5:05p, 9/21/22
AG
Sorry to hear about that. I hope it gets sorted out, and you're able to recoup some funds.

During a renovation, we installed a new variable system. Being the type of guy that I am, I popped an Adderall and I read every page of every manual about every piece of equipment they installed. Come to find out, an inferior thermostat was installed that took my variable unit and reduced it to a 2-stage unit. I called the company, mentioned the situation, and the response was, "We were just trying to save you some money." I told them, "I just forked out this cash for a variable system and you think I'm worried about a couple hundred bucks difference on a thermostat."

Eventually, I found out the thermostat I needed was out of stock at the moment, and they were just trying to finish a job without having to come back.
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AggieSam02
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In reply to abileneag09 • 8:23p, 9/21/22
AG
Find out what license the permit was pulled under. Try to contact them if it's not the same as the contractor. Lots of these guys pay a master to pull permits under them. Ultimately the master license is on the hook for the work especially if it's code related.

Either way, if you don't get anyone to respond I would report the master license to TDLR and hope you get some type of response if the master is still holding his license.
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ABATTBQ11
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In reply to AggieSam02 • 8:40p, 9/21/22
AG
And THIS is why we have licensing
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abileneag09
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9:13p, 9/21/22
AG
Building department told me that they are aware of this guy and are actively trying to find him. He skipped town and shut down his business. The building department even hired a private investigator to try and find him without any success.

They also said they suspended his license somewhere in that process so if there was a master license he was working under i think they would have mentioned it.

The building department legal counsel called me and said (a lawyer but not my lawyer) i would be toward the back of the line in trying to recoup costs from him since there's already multiple lawsuits against him. I should be able to easily get a judgement against him but recovering any funds is unlikely.

She suggested i might be able to file a claim under his general liability insurance which he was required to have. She's looking up that info to send to me later this week.

My last option is to possibly get some coverage under my home warranty by claiming improper installation. Doubtful that will work but we'll see.

The only positive i can think of at this moment is that we got the furnace and AC installed for a decent price up front, so if i have to pay another thousand or so to get it corrected then I'm probably only out the same total i would have paid from a more reputable contractor in the first place.

Just hoping it doesn't cost more than $1,000-1,500 to get it fixed. Basically need to get the furnace and water heater exhaust ducts redone.
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MoreCushing4thePushing
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In reply to abileneag09 • 2:05a, 9/22/22
AG
abileneag09 said:
Building department told me that they are aware of this guy and are actively trying to find him. He skipped town and shut down his business. The building department even hired a private investigator to try and find him without any success.

They also said they suspended his license somewhere in that process so if there was a master license he was working under i think they would have mentioned it.

The building department legal counsel called me and said (a lawyer but not my lawyer) i would be toward the back of the line in trying to recoup costs from him since there's already multiple lawsuits against him. I should be able to easily get a judgement against him but recovering any funds is unlikely.

She suggested i might be able to file a claim under his general liability insurance which he was required to have. She's looking up that info to send to me later this week.

My last option is to possibly get some coverage under my home warranty by claiming improper installation. Doubtful that will work but we'll see.

The only positive i can think of at this moment is that we got the furnace and AC installed for a decent price up front, so if i have to pay another thousand or so to get it corrected then I'm probably only out the same total i would have paid from a more reputable contractor in the first place.

Just hoping it doesn't cost more than $1,000-1,500 to get it fixed. Basically need to get the furnace and water heater exhaust ducts redone.


OB could find him in 24 hours.
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Cromagnum
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In reply to abileneag09 • 12:29p, 9/22/22
AG
They can't find him because he's probably in Mexico.
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Jason_InfinityRoofer
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4:32p, 9/22/22
Man, that sucks. It's pretty common. If I had a dollar for everytime someone said "bob's roofing is half the cost of you!" followed by "Bob won't call me back to fix a shingle that fell off.", I could retire yesterday.

There is not much you can do. It's like suing a homeless guy for a million dollars. Even if you win, you aren't going to win. If you can't find the guy, you can't do much. He knows that. When you finally do find him, everyone else will as well, and you will then be another guy looking for his money and I can assure you that the contractor does not have enough to cover everyone.

I would probably, unfortunately, continue to look for him, pay for a proper permit, install and inspection, and then rest easy that the job is finished and done right.

Then when you find him, You can let it rip and hope for the best.
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ABATTBQ11
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In reply to Jason_InfinityRoofer • 4:44p, 9/22/22
AG
Jason_InfinityRoofer said:
Man, that sucks. It's pretty common. If I had a dollar for everytime someone said "bob's roofing is half the cost of you!" followed by "Bob won't call me back to fix a shingle that fell off.", I could retire yesterday.

There is not much you can do. It's like suing a homeless guy for a million dollars. Even if you win, you aren't going to win. If you can't find the guy, you can't do much. He knows that. When you finally do find him, everyone else will as well, and you will then be another guy looking for his money and I can assure you that the contractor does not have enough to cover everyone.

I would probably, unfortunately, continue to look for him, pay for a proper permit, install and inspection, and then rest easy that the job is finished and done right.

Then when you find him, You can let it rip and hope for the best.


But you can set his truck on fire in the middle of the night. Not that i would ever do that...
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Jason_InfinityRoofer
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In reply to ABATTBQ11 • 4:54p, 9/22/22
Of course not. That's ridiculous.

You pay a guy in an alley cash to do that.

Kidding. Kind of. I hate thieves.
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EMY92
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5:54p, 9/22/22
AG
Years ago when I worked for an HVAC manufacturer, I saw similar plenty of times, usually the guys focused on commercial jobs. They'd go under, then start a new business. I never understood why the supply houses would start new accounts with them when the previous accounts closed due to the inability to pay their bills.
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UnderoosAg
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12:32a, 9/29/22
AG
Reminded me of this thread. Always check references and license info

https://www.ksat.com/news/local/2022/09/28/man-arrested-on-fraud-charges-after-posing-as-licensed-hvac-contractor/?outputType=amp
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