Is the A/C company who installed the unit responsible for replacing it if it is the wrong size?

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Is the A/C company who installed the unit responsible for replacing it if it is the wrong size?

Every summer our A/C unit freezes up and results in temperatures in the 90’s. We have been with 2-10 Warranty Company ever since we had the house built and have filed numerous claims to get it fixed. Recently I told them that the company they keep sending out said the unit was undersized for our house. They decided to get a second opinion so they sent out another. Sure enough, they said the same thing. Due to the size of my house I should have gotten a 5T instead of a 4T. The unit runs continuous causing frequent freeze-ups and normally doesn’t stop until around 4 in the morning.

Asked on August 28, 2010 under General Practice, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Who sent out the guys for the second opinion?  The company that installed the unit?  It would seem reasonable that if you relied on the expertise of the company to spec out the type of unit necessary for your home that if they incorrectly did so then they should be the ones to correct the problem.  You had a contract and warranties are made under that contract.  But it may not be unreasonable for them to charge you the difference in the price of the units - or try to at least. They may not in good faith considering all the discomfort that you have been caused.  It would not be reasonable for them to charge you for time and labor to make the change.  Good luck.


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