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

UPDATED: Aug 25, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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