If we have a home warranty and recently had a new A/C compressor improperly installed, who is liable?

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If we have a home warranty and recently had a new A/C compressor improperly installed, who is liable?

A few moths later it has failed. We are not out of warranty but inspections from reputable A/C companies have determined mistakes during the install (including code violations) caused the failure. The warranty company is saying take it up with the contractor they hired. They subcontract out the work, I had no part in it so feel the original warranty company who I had a contract with is responsible. The contract lists binding arbitration and small claims court as options. Question is who should be sued – the warranty company, subcontractor of the warranty company or list both?

Asked on July 2, 2015 under Real Estate Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When you have a situation like this where either entity could be liable and each is pointing the finger at the other, then sue anyone in the chain that touched or might be financially responsible for the A/C (the warranty company, the sales company, the contractor who installed it, and the subcontractor who really installed it) Your claims against each one could be slightly different howeer.  It looks like you will be in small claims court, but I would suggest letting an attorney look at your contract to make sure these are your only options.  In the event these are your only options, then have the attorney at least draft your petition for you to make sure that you do not waive any potential complaints.  You don't have to hire the attorney for full representation.  You just need someone to help you get the ball rolling.


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