Legal Question in Construction Law in California

New installed finance is very noisy and uneven heat

Before the new furnace installed, I ask asked both primary contractor and the sub we want a quite finance unit and piping and they both promised that the new installed finance system will be quite but it turn out it�s so noisy that we can�t turn on the finance and stay in family room at the same time. The finance is installed in garage against wall next to the family room and the intake vent is almost right next to the furnace in the entry from dining area to the family room and the outtake vent in family room is almost right next to finance in the family room that caused lots noise when the finance is on because such strong airflow through the intake vent and very strong heat flow out from the outtake vent in the family room. Another problem is very uneven heat flow throughout the hose. The area around the family will gather most of the heat but on the other side of the house has very little heat.

The sub and his wife even came to our home one day to harass my wife and my daughter to demand for payment while I was at work and we filed a police report next day.

The sub insisted it�s quite and passed inspection, so we should pay in full. For me this is a defect caused by the sub but what can I do?


Asked on 2/29/08, 2:51 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: New installed finance is very noisy and uneven heat

If you don't negotiate and settle this with some agreed payment, you'll probably get sued. If so, you can defend on the noise defect, but there are no guarantees of winning on that. You'd have to have expert testimony on your side to show that it is a defective installation or unit. You can try to negotiate a repair, discount or some other agreement. You're going to need an attorney if they sue you in Superior Court instead of Small Claims court.

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Answered on 2/29/08, 7:00 pm


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