HVAC installation contract not completed

Back on Nov. 16, 2005 I contracted with major company to install new HVAC in my home. This company uses sub-contractors to do the actual work. The contract was for 2 HVAC systems to be installed in my home. ! is for the main floor and the second for the finished basement. When the sub-contractor installed the systems he messed it up so bad that neither systems was working correctly, didn't install the same or better parts as per the contract, etc. After trying to get this resolved by contacting the company for over a month I finally contacted BBB and also disputed charges on the companies credit card accounts. The company finally acknowledged my complaints and started fixing the problems slowly, but they still have not completely fixed everthing. The basement system still doesn't work at all as the installers purged the system of all gases and never recharged it after the finally connected power to it. They also have yet to fix the ductwork in the basement so that each room will have a register in it per the contract. Plus they have also not re-routed the refrigerant lines for the upstairs system to the way it was suppose to be done in the first place. Total cost for both systems was $10,464. I also ended up paying out in electric bills an extra $340 over a 2 month period due to the systems not working correctly. Last week their local feild management told the man from corp. legal that they had completed all of the work, which they have not done. Also since their Corp. legal reported to the BBB that all work was completed the BBB has closed the case. The last time I spoke with their sub-contractor he said he would be back in a week to finish the duckwork and other items, but it has been over 2 weeks since then, and evidentually he told the field magangement that he had done everthing so I expect he has no intention of finishing things.

So now I am wondering where to head next to get this problem solved. Corp is in IL. (cook country) and the BBB in IL suggested in their letter either small claims in that county or hire a lawyer. The corp legal is based in FL. that I have been talking with. While the field office for the business is in TN. Since 1 system is not working at all I think small claims is out (50% of $10464 = 5232, plus electric of $340 is over the usual $5K limit for small claims). State regulators limit their going after companies at contracts for more than $25K.

Dennis,

I read your prior posts re trouble with the system and I'm sorry you are still having trouble after all these months.

First of all, complaining to the BBB is worthless and I believe a waste of your time. They have no authority to do anything.

What you need to do is get the contractor's license # and file a complaint with your State Department which licenses contractors. Next, I would copy your file and prior complaints to your State Dept. of Consumer Affairs and I would copy the Attorney General since your state will not act on contracts under $25K.

Besides the frustration at paying all this money and still not getting a working system, I think it is time to consult an attorney.

But you know, all that might cost more than having someone else come in and determine what the problem is. But I would also get an expert's opinion--which you will need anyway if you sue.

Sorry after all these months you are still having trouble and hope it gets resolved soon.

Carol,

Complaining to the BBB was not a waste of my time as it was only through that complaint that the company even started to address the problems and finally go at least one of the systems working. It also was only when the complaint was made with the BBB in IL that any action on the complint was made. It is their local (TN) people that are the problem. From day one they have showed up when they feel like it, and have never showed up for any appointed time.

The State Department that licenses contractors will only look into complaints for contracts that are over $25K. And the Consummer Affairs Department has no authority to do anything. It is just a glorified BBB. Also the State AG will not act on anything under $25K either.

I have tried to find a local atty to go after them, but so far have not even been able to get one to even give me an appointment for an initial consultation. I have also had other companies come in for estimates. Those that have come will not touch the systems but will only install a new system in place of what was installed. And they all want just as much as the original company.

I'm still trying to figure out why you paid these clowns BEFORE everything was completed to your satisfaction.

Keeping their money is the only way to get them to do what you want, when you want, how you want, etc.

Duh, they are the ones financing the work...I have not actually paid them anything so far and I do not intend to pay them anything until they have things done right. It is the local people of the company that is the problem. They don't seem to care if the Corp gets paid or not. I guess they get paid if the customer is happy or not. It took the Corp office a couple of weeks just to get the sub-contractor to even come out and look at all of the problems.

"The State Department that licenses contractors will only look into complaints for contracts that are over $25K. "

I just spoke with Renee, an Administrator at the Tennessee Board responsible for licensing contractors which handles consumer complaints. (Ph: 615-741-8307).

"The State Department that licenses contractors will only look into complaints for contracts that are over $25K. "

She stated that there is no requirements that complaints for contracts are limited to those $25,000 or more.

Further, the State of Tennessee has a site for filing such complaints which also has no such restriction.

http://www.tennessee.gov/consumer/ccp.html

In fact, they state once they receive your complaint, a Specialist is assigned to same and that there is a Mediation process.

"You may send a written notification to the specialist handling your case requesting further mediation. The Specialist will determine on a case by case basis what further action, if any, the Division may take to help resolve the dispute.
What if I am still not satisfied?

This Division, by law, cannot force a business to satisfy your complaint. The mediation process that we provide relies on the voluntary cooperation of both the consumer and the business.

"I have tried to find a local atty to go after them, but so far have not even been able to get one to even give me an appointment for an initial consultation. "

It is difficult to imagine that an attorney will not provide an intial consultation. You will likely be charged an hourly fee for services, as attorneys do not take this type of case on contingency.

I suggest you either file a formal complaint with the State, or engage an attorney to get the matter resolved.

Carol,

Thanks for the Info...I had checked the web site for licensing of contractors and that is where I got the Info about the $25K limit....But if they told you that is not the case I guess their web site is mis-leading.

There are only a couple of local atty in my area..I live way out in the country so there is not much call of attys out here. That is why it is difficult to find and Atty here that will even give you an inital consultation.

Again thank you. I will be filing the formal complaint against the company this week.

Dennis

you are welcome.

good luck to you, Dennis!


carol

Ok I am now looking to find a lawyer to file a suit against the company. But I am not sure where I would have to file a suit against them.

They have a local business office here in Nashville, TN which is where they do there sales through. They also have offices in Longwood, FL. which I believe is ther headquarters for home improvment. And then their Corporate headquaters are in Chicago, IL.

So where would I need to find a lawyer to to file I suit?

Dennis