• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

HVAC leak, drywall damage after new installation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

oldscout

Junior Member
Bought a renovated home in 2012. Inspected. All was well. 5 years later (June 2017), replaced entire HVAC system because it was underperforming. Installation appeared to go well and new HVAC was great. 5 days after new installation, discovered severe water leak in 1 room; wet drywall/ceiling; warped wood molding; needs to be replaced. Source of leak was HVAC condensate drain pipe (PVC) in attic at 1 specific joint. Upon inspection, it was apparent that the original installer of the HVAC (back in 2012) failed to use PVC cement to secure condensate pipe at that joint. However, condensate drain pipe never showed symptoms of leaking despite lack of PVC pipe cement. Immediately after new leak occurred (June 2017), visual evidence indicates new HVAC installer was in immediate vicinity of the suspect PVC joint during the course of the new installation. I am deducing that the new HVAC installer came into contact with/repositioned/pulled the PVC pipe that caused a breach. Good before new HVAC for 5 years; bad 5 days after new HVAC.

I contacted new HVAC installer and asked him (or his insurance company) to cover the impending repair cost. Awaiting word from the new HVAC installer. I’m expecting him to balk and find a way to divert responsibility.

Not sure who should cover the repair cost. One thing I am sure of is this: it’s not me. I wrote a major check to the new HVAC company. To simply shrug my shoulders and go “Oh well” is obviously not the remedy.

If the new HVAC company balks at covering the cost of repair, it looks like my only other recourse would be to contact the seller of the home in 2012.

What direction should I take in the event the new HVAC company balks? Small claims court is a last resort. Thanks in advance.
 


adjusterjack

Senior Member
What direction should I take in the event the new HVAC company balks?

Simple.

Your homeowners insurance.

You have no case against the person you bought the home from or against the previous installer. Condensate drain lines are not under pressure so it's not negligence to leave the pieces unglued.

The current installer has no obligation to provide his insurance information. If you think he's liable and he won't cooperate (he likely won't) you'll have to sue him and prove (with evidence) that he did or did not do something that caused your damage. Only thinking he's liable doesn't cut it.

Your homeowners insurance will cover the damage. Use it. That's what you buy insurance for.
 

LdiJ

Senior Member
Bought a renovated home in 2012. Inspected. All was well. 5 years later (June 2017), replaced entire HVAC system because it was underperforming. Installation appeared to go well and new HVAC was great. 5 days after new installation, discovered severe water leak in 1 room; wet drywall/ceiling; warped wood molding; needs to be replaced. Source of leak was HVAC condensate drain pipe (PVC) in attic at 1 specific joint. Upon inspection, it was apparent that the original installer of the HVAC (back in 2012) failed to use PVC cement to secure condensate pipe at that joint. However, condensate drain pipe never showed symptoms of leaking despite lack of PVC pipe cement. Immediately after new leak occurred (June 2017), visual evidence indicates new HVAC installer was in immediate vicinity of the suspect PVC joint during the course of the new installation. I am deducing that the new HVAC installer came into contact with/repositioned/pulled the PVC pipe that caused a breach. Good before new HVAC for 5 years; bad 5 days after new HVAC.

I contacted new HVAC installer and asked him (or his insurance company) to cover the impending repair cost. Awaiting word from the new HVAC installer. I’m expecting him to balk and find a way to divert responsibility.

Not sure who should cover the repair cost. One thing I am sure of is this: it’s not me. I wrote a major check to the new HVAC company. To simply shrug my shoulders and go “Oh well” is obviously not the remedy.

If the new HVAC company balks at covering the cost of repair, it looks like my only other recourse would be to contact the seller of the home in 2012.

What direction should I take in the event the new HVAC company balks? Small claims court is a last resort. Thanks in advance.

Why not file a claim with your own insurance company, and let them cover your damage and go after the HVAC Company. The seller of the home certainly is not responsible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top