What to do if I had a house built and theA/C has not worked correctly 2 summers in a row?

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What to do if I had a house built and theA/C has not worked correctly 2 summers in a row?

The house came with a 1 year builders warranty in which they have already replaced the entire air conditioning unit and furnace once because it was the wrong size. The did not however replace it with the recommended size unit for the size of my house. The A/C has now gone out again and am having trouble with the builder and the heating and air subcontractor that installed the unit. Is there anything I can do to get them to install the correct unit? I have exceeded the 1 year warranty but was told by the builder that if I has any further problems he would extend the warranty to cover it.

Asked on August 25, 2011 Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not the contractor and/or developer of the home gave you a one (1) year warranty for work done on your home, the issues are many concerning the problems that you are having with its air conditioning system.

Potentially the air conditioning system comes with a warranty exceeding the one (1) year period stated by the contractor/developer.

Potentially in your state there are statute of limitations to bring a lawsuit well beyond one (1) for latent or patent defects concerning new construction that are separate and apart from a builder's own warranty. In California, the statute of limitations for a latent defect in new construction is ten (10) years and patent defect is four (4) years.

I would insist that the contractor and or developer who built your new home take care of the air conditioning issue with your home gratis. If they give you problems, you might wish to consult with an attorney who practices construction law.

Good luck.


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